KSA issues warning to affiliates over gambling advertising
Dutch regulator calls for affiliates to comply with the law regarding advertising and to not promote unlicensed sites
The Netherlands Gambling Authority (KSA) has sent more than 50 affiliate sites letters outlining the rules around gambling advertising.
It relates to the fact the general public can be forwarded onto a gambling website when they may have had no intention of doing so.
This can be done via a banner on the top or the sides of the web page or a link within the site’s text. Advertising can also include a quote from the gambling site about a promotional bet or offer.
The KSA insists this kind of advertising breaches the country’s advertising laws.
As explained in its letter, the KSA reminds affiliate sites that only those companies with a licence in the region are allowed to advertise in the Netherlands.
If an unlicensed firm is found to be advertising on an affiliate website, then both the company and the affiliate site will be in violation of the advertising regulations. The punishment for such an offence can include a fine for both parties.
If the gambling operator has a licence, then there are strict rules the affiliate site must follow in terms of advertising: it must not be aimed at minors or young adults up to the age of 24, must be obvious that it is an advert, and it has to be clear what site the advert is for.
The letter ended with a call to action for these affiliate to help protect consumers from unlicensed sites and that they can make an important contribution to better advertising compliance.
This warning has come after the KSA Chair Rene Jansen announced an investigation into gambling advertising in the country after claiming the launch of the legal market was “not entirely” successful.
The Dutch market was re-regulated and went live on 1 October 2021, and according to Jansen, the market has not been as successful as he had hoped, which he puts down to the volume of online advertising.
EGR recently analysed Dutch market six months on from the regulated market going live to see whether or not further advertising restrictions could prove detrimental to the market.