KSA chief threatens regulatory action over duty of care failings

Dutch Gambling Authority (KSA) chairman René Jansen has suggested Dutch authorities pursue a strict regulatory regime of fines and censures in order to encourage operator compliance with Dutch regulations.

Speaking as part of the annual Gaming In Holland conference, Jansen confirmed the launch of a new investigation into operator compliance with the requirement of registering players under the Dutch Central Exclusion Register (Cruks), suggesting operators were not doing so.

Jansen said: “People registered in Cruks have told us that they were not always refused access on occasions when they gave in to the temptation to gamble, either because no checks were carried out or their registration in Cruks was ignored.

“As far as this situation is concerned, I can announce that we have started an investigation into this,” Jansen remarked.

The KSA chair claimed he would get the Dutch government involved if operators did not meet their duty of care in respect of Dutch players “lightning fast”, outlining the regulator’s approach to the prosecution of operators.

“if the carrot doesn’t work, we’ll reach for the stick,” he explained.

“We will not hesitate to intervene immediately if there are concrete signs that indicate that operators are not complying with the duty of care.

“Such a signal is, for example, a player who can bet a lot with high stakes without hindrance. An argument like ‘I can’t look into the player’s wallet’ is not enough as we all understand that the vast majority of Dutch players cannot afford to lose so much money” Jansen added.

Jansen also took aim at the industry for perceptibly ignoring demands for responsible marketing to Dutch players, having previously expressed his disgust at operator practices on a number of occasions.

“When it comes to advertising, the picture is more or less the same, again, there are calls for self-regulation and temperance. We may safely conclude that these calls have initially fallen on deaf ears.

“Even today, there are parties that are evading self-regulation. Let us hope that the same will not be true when it comes to playing limits or – in a more general sense – taking the duty of care seriously,” Jansen added.

Despite his negative comments, Jansen noted that while great strides had been made in the eight months since the launch of the online market, including the increased channelisation, that more work was required.

“Some operators have been operating at the margins of what is socially acceptable and occasionally outside them. That is serious because the main purpose of legalisation was to provide a safe environment for people who want to gamble.

“That is the foundation of the Remote Gambling Act.

“The KSA will intensify its monitoring of the fulfilment of the duty of care. We will not hesitate to intervene if there are evident signals that operators are not complying with the duty of care. This concerns both land-based and online operators.

“The KSA will make itself heard in the near future,” Jansen concluded.