AN INTERESTING MARKET UNDER PRESSURE:
THE DUTCH GAMBLING LANDSCAPE

Introduction

The Dutch online gambling market has changed significantly in recent years. The Gambling Act entered into force on 1 April 2021, and the regulated online market opened on 1 October 2021. Since then, operators have been able to offer online gambling to Dutch players legally, provided they hold a licence. Before that, online gambling was not regulated and no licensing regime existed in the Netherlands.

With the inclusion of online gambling in the Gambling Act, the Dutch authorities aimed to create a safe and controlled gambling market, channelling players as much as possible towards legal providers. Player protection is central to this objective, through measures aimed at, amongst other things, addiction prevention, consumer protection and safeguarding the integrity of the gambling market.

The Kansspelautoriteit plays a key role as a regulator within this system. The Kansspelautoriteit is responsible for issuing licences to online gambling providers and monitors compliance with legislation and regulations. It also has enforcement powers to act against infringements, illegal operators and other forms of non-compliance within the gambling sector.

Since the market was opened, Dutch gambling law has evolved further. There has been an increasing emphasis on player protection, stricter regulation and more intensive supervision of licence holders.

Development of the licensing regime and market structure

The opening of the regulated online gambling market on 1 October 2021 marked a significant development in Dutch gambling law, with the introduction of a statutory licensing system for online gambling. Since then, operators have been able to obtain a licence under the Gambling Act to legally offer online gambling to Dutch players. The introduction of this licensing system was of great importance for the regulation of the online gambling market and was intended to channel players towards a safe and controlled offering.

Under this regime, licensed operators may offer a range of online games of chance, including casino games (such as roulette, blackjack and slot games), sports betting (both pre-match and live betting), and betting on horse racing. Each of these activities is subject to specific licence conditions and regulatory requirements aimed at ensuring consumer protection, preventing addiction and safeguarding the integrity of the market.

The first licences were granted to online gambling providers in October 2021. These licences were issued for a period of five years, meaning the first licences are eligible for renewal this year. This upcoming renewal round marks a new phase within the Dutch online gambling market. The focus is not only on the initial authorisation of providers, but also on the assessment of their ongoing compliance with legislation and regulations.

In the period leading up to these renewals, the Kansspelautoriteit has drawn up new policy rules for the granting of licences. The Policy Rules for the Licensing of Remote Gambling 2026 (Beleidsregels vergunningverlening kansspelen op afstand 2026 (BRVKOA 2026)) replace the previous policy rules from 2023 and introduce stricter requirements in the areas of compliance, operational continuity and reliability. New obligations will apply to all applicants, and guidance is provided on the process for applying for a renewal licence.

The Kansspelautoriteit’s supervision is not limited to the granting of licences, but extends to compliance with duty of care obligations, integrity requirements and regulatory obligations. This marks a shift within the Dutch online gambling market from a phase of market opening and liberalisation towards a stable and regulated market, in which structural supervision and compliance are of paramount importance.

Strengthening player protection

One of the central objectives of the Gambling Act is player protection, and this has taken on an increasingly prominent role within Dutch gambling regulation since the market opened. Initially, the focus upon the market’s opening was on channelling players towards legal providers, but the emphasis has now gradually shifted towards responsible gambling and limiting gambling-related risks.

Within this framework, licence holders have a duty of care towards players. Providers are obliged to monitor gambling behaviour and to recognise signs of risky or problematic gambling behaviour in good time. In the event of increased risks, licence holders must apply appropriate interventions, such as imposing limits, warning players or temporarily restricting access to the player’s account. The Kansspelautoriteit supervises compliance with these duty of care obligations.

Under the Dutch player protection system, the Central Register of Excluded Gamblers (Centraal Register Uitsluiting Kansspelen) (Cruks) is a key tool. Through this register, players can have themselves excluded from participating in games of chance. The provider is also obliged to inform the player of the possibility of self-exclusion via Cruks. Furthermore, it is important for the provider to check, prior to participation, whether a player is registered in Cruks. If a player is listed in the register, participation in gambling is not permitted.

Furthermore, additional measures were introduced in 2024 to strengthen player protection. These measures focus, among other things, on stricter betting limits, additional protective measures for young adults and more intensive monitoring of gambling behaviour. These measures aim to identify problematic gambling behaviour at an early stage and further limit the risks of online gambling.

Considering this, there appears to be a clear trend within the Dutch online gambling market. Responsible gambling and consumer protection are increasingly taking centre stage within legislation and regulations, as well as in the supervision carried out by the Kansspelautoriteit.

Stricter advertising and marketing rules

Since the opening of the regulated market, there has been a sharp increase in advertising and marketing for online gambling. This has led to social and political concerns about the visibility of online gambling and its potential impact on vulnerable groups such as minors and young adults. For this reason, the rules governing advertising for online gambling have been further tightened.

A key development in this context was the introduction of a ban on untargeted advertising for online gambling in 2023. Since then, advertising via television, radio, outdoor advertising and other public spaces has, in principle, no longer been permitted. Furthermore, since 1 January 2025, all sponsorship of programmes, events and sports, amongst other things, has been prohibited. The aim is to limit exposure to gambling advertisements and to better protect players against excessive encouragement to participate in online gambling.

These stricter advertising and marketing rules are part of a broader trend in which consumer protection and the protection of vulnerable groups have become increasingly central to Dutch gambling regulation. A clear trend can be seen within the online gambling market towards more far-reaching regulation of advertising and marketing activities and commercial communications.

Increased supervision and enforcement

In its supervision of licence holders’ compliance with legislation and regulations, the Kansspelautoriteit focuses on compliance, consumer protection and the integrity of the online gambling market. The Kansspelautoriteit applies a risk-based approach in its supervisory activities. This means that activities and providers presenting increased risks are given priority within its supervisory policy. In doing so, the regulator focuses, among other things, on compliance with the duty of care, identifying risky gambling behaviour and protecting vulnerable players. Licence holders are expected to intervene actively in the event of problematic gambling behaviour or other signs of increased risk.

To clarify these obligations, the Kansspelautoriteit regularly publishes guidance and policy explanations for licence holders. This provides further detail on how providers must fulfil their statutory duty of care and what intervention measures are expected of them. The duty of care is increasingly evolving into an active and ongoing responsibility for licence holders.

The obligations from the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) play a key role in the supervision of online gambling. Licence holders must take measures to safeguard the financial integrity of their services, including customer due diligence, transaction monitoring and the reporting of unusual transactions. In this context, the online gambling sector is regarded as a sector with an increased risk of money laundering and other forms of financial crime, making cooperation between regulators and law enforcement agencies essential. The aim is to combat money laundering and other forms of financial crime within the online gambling market.

In addition, the Kansspelautoriteit has various enforcement tools at its disposal to take action against breaches of legislation and regulations. These include, for example, warnings, fines and other sanctions against licence holders and illegal providers who fail to comply with their legal obligations.

There is therefore a clear trend within the Dutch online gambling market towards structural and proactive supervision, with ongoing compliance and active enforcement becoming increasingly central.

Political and legal developments

Dutch gambling regulation continues to evolve. Since the opening of the regulated online gambling market in 2021, both the legislator and the Kansspelautoriteit have introduced various measures aimed at further strengthening the regulatory framework. In addition, regular evaluations are conducted to assess whether the objectives of the Gambling Act are being achieved, including the channelling of players towards the legal market and the protection of players against the risks associated with online gambling.

Fiscal developments have also had a significant impact on the sector. In particular, the recent increase in gambling tax to 37.8% has further affected licence holders and intensified discussions regarding its impact on the operation of gambling businesses. Gambling tax in the Netherlands is generally levied on the gross gaming revenue, i.e. the difference between stakes and prizes paid out by operators. The increased tax burden may affect business operations, investment decisions and the competitive position of operators within the regulated market, especially in a market already facing increasing regulatory pressure.

From a political perspective, sentiment towards the gambling sector has in recent years become more critical. Policymakers and regulators have expressed persistent concerns regarding player protection, particularly in relation to vulnerable groups and excessive gambling behaviour. This has translated into a clear political willingness to introduce stricter rules, ranging from advertising restrictions to enhanced duty of care obligations and potential further limitations on product offerings. At the same time, there is an ongoing debate on the extent to which such measures may unintentionally undermine channelisation and drive players towards unregulated, illegal offerings.

From a legal and policy perspective, the market likewise remains subject to ongoing developments. Continued attention is being paid to the effectiveness of the current regulatory framework and the extent to which stricter measures contribute to achieving the objectives of the Gambling Act. In this context, discussions have focused on the balance between player protection and channelisation, as well as on the potential impact of stricter regulation on the attractiveness of the legal market compared to illegal gambling offerings. Taken together, these political, fiscal and legal developments reflect a broader trend towards the further strengthening and refinement of the regulatory framework governing the Dutch online gambling market.

Future trends and policy direction

With the publication of its 2024–2028 strategy, the Kansspelautoriteit has outlined its vision for the further development of the Dutch gambling market. Central to this strategy is the creation of a safe and responsible gambling environment, with particular emphasis on player protection, market integrity and the prevention of illegal gambling activities. The Kansspelautoriteit has indicated that it will continue to focus on strengthening player protection in the coming years. In this regard, the duty of care imposed on licence holders and the promotion of responsible gambling will remain key priorities. Licence holders are increasingly expected to identify risks at an early stage and take appropriate measures to prevent problematic gambling behaviour.

In addition, further intensification of supervision and enforcement is expected. The focus will remain on ensuring compliance with applicable laws and regulations by licence holders, while at the same time taking active enforcement action against illegal operators targeting Dutch players. In line with this, the Kansspelautoriteit has emphasised that it will intensify its efforts to combat illegal offerings, including through more proactive detection, investigation and enforcement measures. The Kansspelautoriteit considers the combatting of illegal gambling offerings to be an essential prerequisite for a well-functioning regulated market.

Technological developments are also expected to play an increasingly important role within both the gambling sector and the supervision thereof. Digitalisation, data analytics and other innovative technologies provide new opportunities for monitoring risks and improving supervisory processes. As a result, the Kansspelautoriteit is expected to adopt an increasingly data-driven approach to supervision.

Finally, international cooperation is likely to become increasingly important. Given the cross-border nature of online gambling, cooperation between national regulators remains essential in combating illegal operators and facilitating the exchange of knowledge, information and supervisory best practices. These developments indicate that the Dutch online gambling market will continue to evolve towards a highly regulated and technologically advanced market, in which player protection, compliance and effective supervision remain central priorities.

Player claims (illegal offering)

The Dutch gambling market has in recent years seen a rise in civil litigation by players seeking to recover losses incurred before the regulated online market opened in 2021. These claims stem from the historical structure of the Gambling Act, which prohibited unlicensed games of chance without offering a licensing regime for online gambling. As a result, substantial online gambling occurred in a legally uncertain environment, leading to increasing numbers of claims.

Players typically argue that gambling agreements with unlicensed operators are null and void under Dutch civil law, as they breach mandatory statutory provisions. On that basis, they seek restitution of their losses. District court case law is divided. Some courts have accepted this reasoning and ordered repayment of net losses, emphasizing strict application of the statutory prohibition and consumer protection. Other courts have rejected such claims, finding that the Gambling Act was not intended to affect the civil validity of agreements and that the prohibition has partly lost its normative force due to widespread participation and limited enforcement. This divergence has created legal uncertainty and encouraged further litigation, including collective actions supported by litigation funders.

To address this inconsistency, Dutch courts have referred prejudicial questions to the Supreme Court regarding whether the prohibition of unlicensed gambling leads to civil nullity of gambling contracts and what consequences this has for restitution claims. These referrals reflect both the scale of ongoing litigation and the need for legal clarity in an area with potentially significant financial impact.

A key development was the opinion of the Advocate General in late 2025. He concluded that the prohibition on offering gambling without a licence does not automatically render gambling agreements void. According to this view, the Gambling Act primarily relies on administrative and criminal enforcement and does not regulate civil validity. Consequently, claims based solely on unjustified enrichment would fail.

Although not binding, this opinion may mark a turning point. The Supreme Court often follows the Advocate General, and its forthcoming judgment is expected to clarify the legal framework and significantly influence pending and future claims. If adopted, the basis for mass restitution claims will be weakened, shifting attention to alternative grounds such as error, misrepresentation or duty of care breaches.

Compared to jurisdictions such as Austria and Germany, where similar claims have often succeeded, the Dutch approach appears more cautious and system-oriented, balancing consumer protection with legal certainty.

In conclusion, player claims in the Netherlands remain characterised by uncertainty, divergent case law and ongoing litigation, with the Supreme Court’s decision expected to be decisive.

Conclusion

Since the introduction of the Gambling Act and the opening of the regulated online gambling market in 2021, the Dutch sector has been required to absorb a series of far-reaching regulatory, fiscal and operational changes. Operators have had to continuously adapt to stricter licensing, enhanced player protection, advertising restrictions and intensified supervision.

While the market remains subject to ongoing political and regulatory developments, there are increasing indications that the most disruptive phase is behind it. A more stable framework is emerging, offering cautious confidence that channelisation and player protection can be effectively safeguarded.

At the same time, the Dutch market continues to be commercially attractive, driven by a relatively large base of affluent consumers, making it a compelling jurisdiction for compliant and well-positioned operators despite the high regulatory standards.