Operators could need physical presence in Holland to acquire online gaming licence
New proposals add red tape to process, but could clear political path to re-regulation
Operators applying for a Dutch online gaming licence could be required to have a physical presence in the country, according to new proposals for the country’s online gaming bill.
The condition is part of a new agreement between the four political parties which recently formed a coalition to govern the country.
The parties did not specify what constitutes a “presence”.
The new provisions also call for special attention to be paid to reducing gambling addiction and maintaining the existing policy for contributing to sports and good causes, per Gaming in Holland.
The conditions are expected to be added to the secondary legislation accompanying the Netherland’s remote gaming bill, which is currently under consideration by the Senate.
But despite the increased stipulations, lobbyists hailed a major step forward for the prospects of online gaming, with the physical presence requirement apparently a concession to CDA, the party which originally opposed the remote gaming bill in the Lower House.
“With this provision, the path is now clear for the modernisation of Dutch gambling policy,” said Bert Bakker, former MP and senior consultant at lobbying firm Meines Holla & Partners.
“Further progress in the Senate and in drawing up the secondary legislation is now possible.”
Alan Littler, gaming lawyer at Kalff Katz & Franssen also warned the physical presence rule could clash with EU law.
Poland for instance was recently forced to drop similar requirements thanks to Article 56 of TFEU which preserves the right to freedom of movement and to provide goods and services
The remote gaming bill’s hitherto failure to pass the Senate has drawn strong criticism from egaming firms, including Betsson, which asked the EU to take action against the Dutch gaming regulator for its enforcement actions while the legislative process is ongoing.
Outgoing Betsson CEO Ulrik Bengtsson labelled the country’s attempts at re-regulation “a monumental failure”.