VNLOK takes Meta to court: will BAGO follow suit in Belgium?
The decision by the Dutch trade association VNLOK to take legal action against Meta over the dissemination of illegal gambling adverts could also have far-reaching consequences for the Belgian market.
VNLOK announced this week that it is taking Meta to court over the large volume of illegal gambling adverts reaching Dutch consumers via Facebook and Instagram. In addition, the organisation is lodging a complaint with the European Commission regarding possible breaches of the Digital Services Act (DSA).
This raises the question of whether the Belgian trade association BAGO (Belgian Association of Gaming Operators) might consider taking a similar step.
Belgian market potentially even harder hit
Although the problem is significant in the Netherlands, it could be argued that the impact in Belgium is potentially even greater. Since the introduction of stricter advertising restrictions for legal gambling providers, the opportunities for licensed operators to reach new players have diminished considerably.
At the same time, illegal operators appear to pay little heed to these rules. Through social media, search engines, affiliate websites, influencers and other online channels, they continue to reach Belgian consumers without regard for Belgian legislation.
According to critics, this creates an unfair situation: licensed operators are increasingly restricted in their marketing options, whilst illegal casinos and bookmakers remain visible to the same target audience.
The DSA offers new opportunities
Like VNLOK, BAGO could invoke the European Digital Services Act. This legislation obliges very large online platforms such as Facebook and Instagram to take active measures against illegal content and illegal services.
If it can be demonstrated that illegal gambling adverts remain systematically visible to Belgian users, the question could arise as to whether Meta is doing enough to comply with its obligations under the DSA.
Furthermore, any Belgian legal proceedings might not be directed solely at Meta. Search engines, payment processors, affiliate networks and software providers are also increasingly coming under scrutiny as links within the ecosystem of illegal gambling services.
BAGO has long been warning of a growing black market
In recent years, BAGO has repeatedly warned of the growth of the illegal gambling market in Belgium. According to the organisation, there is a risk that players will increasingly turn to unlicensed providers when legal operators are barely visible anymore.
The presence of illegal gambling adverts on social media appears to bear out these concerns. When consumers are redirected via Facebook or Instagram to unlicensed websites, they fall outside the protection afforded by the Belgian Gaming Commission and Belgian regulations on responsible gambling, player protection and addiction prevention.
Could BAGO follow the same path?
VNLOK’s legal action could also set an interesting precedent for Belgium. Should Meta be required in the Netherlands to take stricter measures against illegal gambling adverts, this would significantly strengthen BAGO’s position.
A complaint to the European Commission or even legal action against Meta therefore seems a distinct possibility. This is particularly true now that the Belgian market is increasingly confronted with illegal providers who are taking advantage of the limited visibility of legal operators.
For the Belgian gambling sector, the Dutch case is therefore more than just a local dispute. It could develop into a European test case concerning the responsibility of major technology platforms in combating illegal online gambling.
The coming months will reveal whether BAGO continues to monitor developments in the Netherlands closely, or decides to take further action itself against platforms that grant illegal gambling providers access to Belgian consumers.

