The Dutch Gambling Authority (Kansspelautoriteit, KSA) is again focusing on how online gambling providers assess risks while trying to protect players. A recent report shows that the current systems used in the Netherlands often fail to meet expectations, especially in effectively reducing gambling risks. This reveals a significant gap between the legal duty that providers have and how they actually implement it in practice. The report also notes that despite the use of various methods and techniques, the actual effectiveness remains quite limited.
Problems in the Risk Assessment Approach
According to the report published in early September, the current measures are largely outdated. The Dutch Gambling Authority identified multiple structural bottlenecks, including the absence of modern control mechanisms and a poor alignment between policy and practice:
- Outdated and inconsistent methodologies that do not align with the current online gambling market.
- A category-level approach rather than per game, causing risks to often be estimated too broadly.
- Lack of expertise and independence within the teams conducting the analyses.
- High costs without producing concrete benefits for player protection.
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Insufficient Alignment with Duty of Care
The legal duty of care requires providers to develop measures that protect players from excessive or problematic gambling behavior. In theory, this sounds like a solid foundation, but in daily practice, implementation often proves inadequate or barely effective. According to the Dutch Gambling Authority, it is therefore crucial that providers adjust their methods and align them with the current reality of the gambling market, where player behavior changes faster and risks are harder to predict.
Need for Renewal
The regulator indicates that the current approach does not match the modern gambling market and therefore falls short in effectiveness. There is an urgent need for a system that works more consistently, offers more transparency, and is applied in a much more specific manner. For this reason, the KSA advocates reforms that may include several components, including:
- Mandatory analyses for each individual game, instead of using broad and often inaccurate categories.
- Implementation of standardized methods so that outcomes are more comparable and remain verifiable for regulators and researchers.
- Setting clear requirements for the expertise and independence of parties conducting these controls.
Broad Implications for the Market
There is a risk that smaller providers may not be able to make the necessary investments and therefore either exit the market or implement their duty of care less seriously. This could lead to increasing market concentration, with only a limited number of major players remaining to shape the market direction.
The KSA’s findings also show that the consequences extend beyond the technical execution of risk analyses. When players experience that warnings, limits, or other protective measures are ineffective, trust in legal providers noticeably decreases.
What Will Change?
It is expected that the reforms will include obligations that apply equally to all providers. This would eliminate the current patchwork of disparate methods and isolated analyses, a situation that often limits regulatory effectiveness today.
The Dutch Gambling Authority has also indicated that it is working together with the Ministry of Justice and Security on new reforms. The goal is to create a clearer and more consistent framework that goes beyond merely complying with the law and practically fulfills player protection.
The Role of Enforcement
Enforcement remains a powerful tool for the Dutch Gambling Authority, even though the report mainly emphasizes structural improvements. In recent years, the regulator has repeatedly made clear that it does not hesitate to impose substantial fines when providers neglect their duty of care or violate other rules.
Future Outlook
In the coming period, it will become clear how quickly the proposed reforms are actually implemented. The close involvement of the Ministry shows that the government recognizes the importance of this dossier and is willing to take steps to implement changes. For players, this offers a hopeful perspective; a market where risk assessments are conducted with greater seriousness and professionalism increases the likelihood that preventive measures will actually be effective.
Final Thought
The signal from the Dutch Gambling Authority makes it clear that regulation is not static but remains an ongoing process. The opening of the legal market in 2021 was undoubtedly a milestone, yet practice now shows that player protection can and should be stronger. With the announced reforms, the sector has the opportunity to narrow the gap between regulation and implementation while laying a foundation for greater trust in the legal online gambling market in the Netherlands.
