bet365: Dutch duty of care ‘allegations will be found to be unsubstantiated’
bet365 has told iGaming Expert that it will continue contesting a binding instruction issued by the Netherlands gambling authority to improve its duty of care, believing the authority’s findings will be found to be “unsubstantiated”.
Kansspelautoriteit (KSA) stated that an audit of Hillside New Media Malta, the operator of bet365, discovered it had failed to “adequately respond to signals that players may no longer be able to bear the financial consequences of their gambling behaviour”.
In addition, the KSA said bet365 did not take “sufficient intervention measures when this signal was detected”. The audit took place between 6 December 2024 and 6 June 2025.
The Netherlands has policy rules in place for net deposits per calendar month, exceeding €300 for young adults aged 18-23, or €700 for those aged 24 and older.
Operators must conduct a means test to determine an appropriate net deposit limit to check if a player can deposit more without encountering financial difficulties. Player deposits must be blocked if this check can’t be performed.
Following an audit, the KSA noted that bet365 had “not adequately fulfilled its duty of care”.
The authority said: “Before March 2025, Hillside asked players to complete a questionnaire about their income. The KSA already informed gambling providers in early 2025 that a questionnaire is not suitable for conducting a means assessment.
“It was also found that the calculation of the net deposit limit was performed incorrectly. This allowed players to deposit more than they could possibly afford based on their financial situation.”
bet365 objects binding instruction
Under the binding instruction, bet365 now has four weeks to adequately complete the ability-to-pay test for the KSA.
This can be completed by recording and analysing the signals that could signify a player can no longer afford the financial consequences of their gambling behaviour, taking appropriate action if necessary.
If this instruction is not completed, further sanctions could be issued by the KSA, including a fine or the revocation of its gambling licence in the Netherlands.
However, bet365 has objected to the binding instruction, arguing that it has not committed any violation and did not commit a violation during the audit period, so there is no authority to impose such a binding instruction.
“bet365 does not recognise the allegations made by the Kansspelautoriteit,” a bet365 spokesperson told iGaming Expert.
“bet365 places customer safety at the forefront of its activities, and takes gambling protections extremely seriously. We will continue defending this matter through the proper legal process, and remain confident that the allegations will be found to be unsubstantiated.”
2026 supervisory agenda
Duty of care is one of the KSA’s five key themes published recently in its supervisory agenda for 2026, alongside tackling illegal gambling operators, protecting vulnerable groups, supervising advertising and supervising compliance with the Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft).
The authority stated that online operators’ duty of care compliance will continue to be monitored with a particular focus on the tightened regulations for duty of care, gaming limits and gaming behaviour.
Studies into how providers assess the financial capacity of players will take place. Other areas will be examined, including the speed of behaviour analysis, as well as negative forms of behavioural management by operators and the extent to which this violates the duty of care.
In the early stages of this year, investigations into Cruks notifications and personal interviews will be completed, with recommendations that will be monitored for compliance.
Guidance on AI and monitoring tools usage by operators will be published, while compliance with land-based duty of care will continue to be monitored in accordance with guidance published at the end of last year.
Key priority
Speaking last week at the Annual Gaming Industry Event at the Royal Industrieele Groote Club in Amsterdam, KSA Chair Michel Groothuizen stated that high deposits have been dropping on average, while duty of care has been improving, since the introduction of the mandatory affordability check and net deposit limits.
Groothuizen added that many case files that were examined recently and resulted in fines predated the tightening of regulations.
“Players are not spending such extreme amounts. While that is, of course, disadvantageous for your bottom line, I’m pleased, as the regulator, that these protective measures are working so well. And channelisation, in terms of number of players, doesn’t seem to have been hit too severely either.
“Although things are improving, there’s still plenty to do. The duty of care will therefore remain a key priority for the KSA in 2026.”