SBC News

Renske Fikkers, Head of the Regulatory Department at the Dutch gambling authority Kansspelautoriteit (KSA), has emphasised the importance of collaboration between the regulator and the operators in the country’s market in tackling key issues.

Speaking at this week’s Gaming in Holland conference, Fikkers highlighted the cooperation between operators and the regulators on matters relating to strengthening regulations, consumer protection, compliance, illegal gambling and the public’s perception of gambling.

‘Fundamental change of direction’

For consumer protection, Fikkers stated that operators should expect laws and regulations to become stricter to help protect all people from the negative effects of gambling, especially vulnerable groups. As such, a “fundamental change of direction” is taking place.

Fikkers said: “This change of direction is partly driven by the idea that current policies do not currently protect people adequately. This simply means one thing: laws and regulations will become stricter and operators’ room for manoeuvre will be further restricted.

“There is talk of raising the minimum age to 21 for high-risk gambling, and overarching deposit limits. Advertising for high-risk gambling may also be further restricted.”

Fikkers added that the point of the legal market was to provide players with a safe place to gamble, away from the illegal market, as well as make it an attractive market for operator investment.

“Operating legally has to be profitable. But politicians are increasingly backtracking on that premise, partly because of what we are seeing in your organisations.”

Duty of care and cooperation

Fikkers then spotlighted the KSA’s first duty of care fine, in which an operator was fined €734,000 for allowing young adults to “gamble away tens of thousands of euros without adequate intervention”. Advertising was added into the same bracket, with a warning issued that a total ban could occur if things don’t improve, despite it being “undesirable as far as the KSA is concerned”.

However, praise was also given to operators who have gone above and beyond the set policy rules to protect their players, as well as the industry’s cooperative attitude.

Fikkers noted that the Dutch regulator has been experimenting with roundtable discussions throughout the past year, creating conversations of “great value” but also an understanding of the obstacles seen when measures are put in place.

This is part of the KSA’s ‘regulator 2.0’ direction, moving away from a regulator that is just focused on infringements and fines, and towards becoming an open and flexible regulator that can produce solutions.

Fikkers said: “We understand that imposed measures sometimes require adaptability and that post-implementation there are obstacles or ambiguities that we could not have anticipated beforehand. Being able to have an open conversation about that helps us further strengthen our regulation.

“We also have more frequent direct contact with operators in that context. When we come across things we have questions about or are dissatisfied with, we engage immediately. I see that these talks have a lot of effect; infringements are quickly stopped and communicating openly about them sets an example for other operators as well.”

The way in which the KSA has stepped up its role in consumer protection was also brought to attention, including the setting up of an internal programme to prevent gambling-related harm, improvements to Loket Kansspel, awareness campaigns, and targeted Gokstop campaigns for Cruks Register awareness.

“In the reorganisation later this year, we will turn this gambling-related harm programme into its own, independent department, so that we can make even greater strides in player protection.”

Illegal market

Regarding the illegal market, Fikkers again made a call to operators for collaboration as it is an “undiminished high priority”.

“It is important to cooperate to battle the illegal market: the channelisation rate based on gross gambling revenue is worryingly low at 50%. For every euro spent at legal operators, one euro disappears into the pocket of illegal parties at the same time.

“Fortunately, player-based channelisation is as high as ever at 92%, but we remain keen on developments in that area.”

A new project to frustrate illegal operators’ infrastructure is going ahead, which will see techniques used by illegal parties utilised by the KSA themselves. Focus will also be placed on websites promoting illegal offers and adverts for such illegal operators on social media.

“We also cut off access to illegal gambling where possible by working more closely with service providers, for example. Because illegal gambling also simply starts with being able to deposit money. Thus, together, we are making unlicensed offers to Dutch players as unattractive as possible.

“On top of that, we are working together with the ministry to increase our possibilities to become even more effective.”

Future

Fikkers concluded by talking about the upcoming licensing round for the Dutch gambling market in 2026 and beyond, noting that an operator’s past performance will be considered in evaluations.

“With the significant steps we are now taking as an organisation, we are making every effort to better protect consumers. We will do that by looking with you at enhancing the duty of care, by making consumers aware of the dangers of gambling and better informing problem players, and by cracking down harder on the illegal market.

“By focusing on those three pillars, we are working towards a stable, safe gambling market that is worthwhile for operators but that focuses above all on the safety of Dutch players.”

A new study has revealed that a major change to Belgium’s gambling legislation has fuelled engagement in the black market.

In September 2021, Belgium officially raised the minimum age for all forms of gambling to 21, however, the legislation appears to have had an adverse impact on thwarting the black market.

According to a report commissioned by the Belgian Association of Gaming Operators (BAGO), participation in the black market among young people aged 18-21 has risen to 65%, a 15% increase since the rule change was implemented.

Overall, the study found that one in four Belgian players access unlicensed gaming platforms, a figure that had led BAGO’s Chair, Tom De Clerq, to warn that the country “risks losing control of its gambling market”.

“We are on a slippery slope,” he said. “While licensed gambling sites are subject to strict rules, invest in responsible gaming and actively protect players, illegal operators are given free rein. And that has consequences: more and more people, especially young people and vulnerable target groups, end up in an illegal circuit without rules, without control and without protection.”

Perhaps most worryingly, the report also notes that almost half (47%) of those who had excluded themselves from gaming had begun again through illegal channels.

This highlights, according to BAGO, the danger of the black market given that it operates outside the country’s legal framework and does not offer any forms of player protection measures, such as age verification, registration to Belgium’s self-exclusion programme or deposit limits.

BAGO has attributed the rise of the black market to “intense advertising” campaigns across social media.

In light of the concerning data, BAGO’s Vice-President, Emmanuel Mewissen, reiterated the organisation’s support for a new government agreement aimed at intensifying the fight against illegal gambling and enhancing player protection in Belgium.

The new agreement focuses on three main tenets: intensifying the fight against illegal gambling, modernising Belgium’s regulatory framework and ensuring legal certainty for operators through stable and transparent legislation.

“[The agreement] should give the Gaming Commission the means to grow into a powerful regulator. This is the only way it can effectively tackle illegal providers, protect consumers and maintain a well-regulated private market,” concluded Mewissen.