The Kansspelautoriteit, the Dutch gambling regulator, has fined an online gaming operator €734,000 for a serious breach of its duty of care, a legal obligation designed to protect players from excessive gambling. The operator allegedly allowed several vulnerable players to spend large sums of money without intervening, in clear breach of the rules in force since the sector was legalised in 2021. Faced with repeated breaches of this kind, the Ksa recently tightened its requirements, introducing deposit limits, solvency checks and a requirement for personalised contact between the operator and the player. This exemplary sanction is a reminder that consumer protection is at the heart of online gambling regulation, and that negligent operators can face serious consequences.
As online gambling continues to attract an ever-growing audience, the issue of player protection is becoming a major challenge for the regulatory authorities. In the Netherlands, the Kansspelautoriteit (Ksa) has just struck a major blow by imposing a fine of €734,000 on an online operator. The fine was for a serious breach of the duty of care, a legal obligation on gaming platforms to identify and prevent problematic behaviour.
A strong warning to the gambling sector
The Ksa has imposed a fine of €734,000 on an online gaming operator for failing in its duty of care towards players. This fundamental principle requires operators to actively monitor risky behaviour in order to prevent problem gambling.
In its press release, the Ksa accuses the company of having allowed vulnerable players to spend large sums of money in a very short space of time, without the slightest intervention. This serious failure could have had significant financial and psychological consequences for the people concerned.
‘Gambling companies have a duty of care and must protect players as far as possible against excessive gambling and gambling addiction. In the Ksa’s view, the provider in question did not sufficiently comply with this duty of care,’ stated the Ksa in its decision.
Duty of care: a pillar of gambling regulation
Since the legalisation of online gambling in the Netherlands in October 2021, the duty of care has been a central pillar of regulation. It requires each operator to take concrete measures to identify, prevent and limit the risks of gambling addiction.
This includes in particular:
- Monitoring gambling habits,
- Limiting deposits,
- Intervention in the event of unusual behaviour,
- and providing clear information on the risks associated with gambling.
Despite these obligations, many operators have been criticised for their lack of diligence. Studies have shown that some players could lose large sums of money in a short space of time without any intervention on the part of the operators. According to the Ksa, the operator targeted by this fine failed to meet all its obligations in several documented cases.
New, stricter rules since October 2024
In response to repeated breaches in the sector, the Ksa has tightened up its requirements in terms of player protection. The rules have been tightened since 1 October 2024:
- Monthly deposit limit of €350 for adults and €150 for young people aged 18 to 24,
- A solvency check is compulsory for any request to increase the limit,
- Personal contact is required between the operator and the player before any limit increase.
If these conditions are not met, the account must be blocked until the situation is rectified.
An industry facing up to its responsibilities
With this sanction, the Ksa is not merely punishing a breach: it is reminding all operators of their fundamental duties. The duty of care is not an option, but a condition of their licence. Failure to do so can have serious financial consequences and a loss of credibility.
For the time being, the identity of the operator penalised has not been made public, but the Ksa has given assurances that it will continue to publish the results of its investigations to ensure transparency.