Just a few years after the legalisation of the digital gambling market, the Dutch model is already being called into question. Between criticism of player protection and calls to ban all advertising, the debate is taking a decisive turn.
A reform that was supposed to provide a framework… now being challenged
When the Netherlands opened up its online gambling market in 2021, the stated aim was clear: to channel an already existing practice towards a legal, controlled and safer offering. The promise of a safe and controlled environment was at the heart of this reform.
But four years on, this ambition is being called into question head-on by a number of political leaders. Members of parliament have officially questioned the government about the real effectiveness of the legal framework, arguing that the initial commitments have not been kept. In their view, the excesses observed call into question the balance between market liberalisation and public protection.
A consumer association’s appeal reopens the debate
The impetus for this political sequence was the stance taken by the Consumentenbond, one of the country’s leading consumer protection organisations. The association has declared itself in favour of a total ban on online gambling advertising. This proposal, already mentioned in the government’s coalition agreement, has found a strong echo in public opinion. According to a panel survey carried out by the organisation, 84% of respondents support such a ban.
In addition to the issue of advertising alone, there is also criticism of certain methods used by operators. In particular, MEPs point to the use of digital influence techniques, often referred to as dark patterns, designed to influence user behaviour. These techniques are said to include default settings that are unfavourable to players or particularly high play limits that are likely to encourage large losses. The regulatory authorities had already taken an interest in this area before, fuelling current concerns.
For the elected representatives behind the questions, the absence of an explicit ban on these techniques would constitute a loophole in the legislation.
Political pressure from several parties
The parliamentary questions were tabled by representatives of ChristenUnie and the Socialistische Partij, two parties that advocate much stricter regulation of the sector.
In particular, the elected representatives are asking:
- whether current legislation really protects vulnerable players;
- whether the objective of a regulated market has been missed;
- and what additional measures will be taken in the short term.
The debate goes far beyond political circles. The data collected by the consumer association also shows that 88% of those questioned want better protection against the incentive mechanisms used online.
The sensitive issue of sanctions and control
Parliamentarians also want to know how many sanctions have been imposed since the market was opened up on licensed operators who have failed in their duty to protect players.
Another explosive element is a claim for compensation made against several licensed operators. This initiative follows earlier findings that several platforms had breached the regulations.
Members of parliament are now considering the potential consequences of such proceedings. If the courts were to rule in favour of the plaintiffs, could this lead to a refusal to renew a licence, or even a withdrawal of authorisation for certain players?
Towards a total ban on advertising?
The most radical measure being considered is the possibility of a complete ban on gambling advertising. Such a decision would place the Netherlands among the strictest European jurisdictions in this area, along with Belgium.
The parliamentarians explicitly asked what additional measures the Ministry intended to adopt in the short term to reinforce operators’ duty of protection.
The regulation of online gambling does not stop with the adoption of a law. It requires constant adjustment in the face of commercial, technological and behavioural innovations. The decision to be taken in the coming months could serve as a benchmark for other countries facing the same tensions between economic freedom and public protection.