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Recent online operators excluded from Netherlands licensing

Online gaming operators who have served the Dutch market in the past two years will not be eligible for licensure under the Netherlands’ new gambling market which is set to open for business from 2021.

Dutch gambling regulator Kansspelautoriteit (KSA) announced that it has received expressions of interest from 180 companies seeking online gaming licenses, adding that it expects to issue around 90 licenses.

However, KSA has published a new draft rule, which states that to be eligible for an online gambling licence, a potential licensee must have refrained from offering online games of chance to Dutch consumers for two years.

It follows a motion from Senator Andre Postema, passed along with the Remote Gambling Act that legalised online gaming, that required the country’s government inform the Dutch legislature of its criteria for having internet service providers block access to websites.

It’s expected that six main tests will be used to determine if a company attempted to target Dutch customers. The criteria include whether an operator offered its services in the Dutch language, used means of payment that are “used exclusively or largely by Dutch people” such as iDeal. Finally, it will look at whether an operator advertised on TV, radio or in print media aimed at the Dutch market.

Other factors will be using a website with a dot.nl extension, a domain names associated with the Netherlands or a website containing content or images “from which a focus on the Netherlands can be derived”.

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