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“€400,000 fine stands” – Council of State rules in favour of Kansspelautoriteit

It is a clear slap on the wrist. Jacks.nl is attempting to avoid a €400,000 fine, but has once again been rebuffed. The Council of State confirms that the penalty is justified, whilst the Kansspelautoriteit is simultaneously introducing new guidelines for gambling advertising. The message is clear: the rules are becoming stricter and there is less room for error.

Council of State upholds fine for Jacks

The case centres on emails sent by Jacks.nl between December 2021 and March 2022. These messages also reached young adults, which is not permitted under the rules.

The company argued that the law was unclear and left room for interpretation. According to the Kansspelautoriteit, this was not the case. The regulator ruled that the provider had actively failed to exclude young adults.

Following earlier rejections by the regulator and the court, the parent company JOI Gaming sought to appeal. The Council of State has now dismissed that defence. According to the judges, the emails constitute prohibited advertising and the fine stands.

Protection of young adults is paramount

The ruling underscores the importance of protecting young adults. According to the Council of State, it is logical that the rules are strict and that breaches are severely punished.

The level of the fine is also considered appropriate. Furthermore, the Kansspelautoriteit is permitted to make the decision public. The importance of transparency and compliance with the rules outweighs any potential damage to reputation.

This message is important for the entire sector. It demonstrates that marketing errors can have immediate consequences.

New guidelines make the rules even clearer

Alongside this ruling, the Kansspelautoriteit is issuing new guidelines on non-targeted advertising. These are intended to help providers better understand what is and is not permitted.

The rules focus on online advertisements and the use of external platforms. Providers must demonstrate that they do not reach vulnerable groups and that players genuinely have the option to opt out of advertising.

This raises the bar once again. It is not just the policy that counts, but also how it is applied and monitored in practice.

Belgium was already leading the way with a stricter approach

What is now being further tightened in the Netherlands has long been the reality in Belgium. There, the rules on gambling advertising are already stricter and the scope for marketing is limited.

The combination of this ruling and the new guidelines shows that the Netherlands is moving in the same direction. Monitoring is increasing and providers are being given less leeway.

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Glen brings a fresh perspective to gambling news, combining sharp research skills with a deep interest for the industry's evolution. He always aims to inform and challenge his readers by covering a wide variety of topics.

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