The Remote Gambling Act will most likely enter into force on March 1, 2021. Further to the publishing of secondary legislation earlier this year, in late September the Dutch Gambling Authority (DGA), which supervises and regulates games of chance in the Netherlands, published a draft list (in Dutch) on the material and documents that must be submitted in order to apply for a remote gaming licence.
The following is an abbreviated overview of information the DGA expects to receive from applicants.
A strategic analysis was conducted by the FIAU on the Remote Gaming sector titled 'Key figures and observations based on the 2019 STRs received from Remote Gaming Operators'. The document may be found on this link. The Authority urges all Gaming Licensees to make good use of this analysis which delineates the latest ML/TF trends and typologies.
- Any company offering remote gambling services using 'gambling equipment' (which is defined as anything used in the provision of facilities for gambling) located in the UK must obtain a remote gambling licence. 'Remote gambling' is defined as gambling in which persons participate by the use of 'remote communication'.
- An operating permit for gambling is issued separately for organising a type or a subtype of gambling as remote gambling. An operating permit for remote gambling is issued for up to five years. In order to obtain an operating permit for remote gambling, an application indicating the following shall be submitted to the Estonian Tax and Customs Board.
- The Remote Gambling act, which is a modernisation of the Betting and Gaming Act, will make it possible to legally offer and play gambling via the internet. The idea behind legalisation – in which many countries have preceded the Netherlands – is that issuing licences allows for the establishment of stringent conditions for online betting.
- (a) provides facilities for remote gambling by others in accordance with arrangements made by the person; (b)organises, manages or supervises remote gambling by others in accordance with arrangements made by the person, which may include inviting others to gamble, or placing, making, receiving or accepting bets, using remote communication in accordance with those arrangements.
Applying for a licence to provide remote games of chance will be performed over a DGA online platform. The application must be submitted in Dutch and a certified translator must be used to translate all official documents.
Each applicant must submit an extract from the trade register and its articles of association, which should not be older than 60 days.
Reliability
The licence is subject to strict requirements for reliability. This not only concerns the reliability of the applicant, but also applies to other persons and legal entities that have or have had a relevant relationship with the applicant.
Stakeholders (and indirect stakeholders) must complete an extensive questionnaire. An organisational chart should also be submitted, providing an overview of the mutual relationships between the legal persons involved.
Financial stability
The applicant must produce a statement by an auditor that the company is not bankrupt, under liquidation, incurring suspension of payments or seizure of 5% or more of its assets. This statement cannot be older than 30 calendar days from the date of application.
Prevention of addiction
The applicant must have a legal representative active in the field of addiction prevention in the Netherlands.
The applicant must consult with experts to develop an addiction-prevention policy, which should be in line with the Dutch system for addiction care. The applicant should also describe the characteristics of the games of chance being offered and the risk factors they pose.
Internal supervision
The applicant must submit a plan for organising supervision in the coming period, covering at least a 12-month period and containing a description of the safeguards that will be taken for the structure and operation of internal supervision. The plan should include safeguards for the separation of management and internal supervision and for the independent functioning of internal-supervision officers.
Dutch national player exclusion database (CRUKS)
Remote Gambling Licence
Applying for a licence to provide remote games of chance will be performed over a DGA online platform. The application must be submitted in Dutch and a certified translator must be used to translate all official documents.
Each applicant must submit an extract from the trade register and its articles of association, which should not be older than 60 days.
Reliability
The licence is subject to strict requirements for reliability. This not only concerns the reliability of the applicant, but also applies to other persons and legal entities that have or have had a relevant relationship with the applicant.
Stakeholders (and indirect stakeholders) must complete an extensive questionnaire. An organisational chart should also be submitted, providing an overview of the mutual relationships between the legal persons involved.
Financial stability
The applicant must produce a statement by an auditor that the company is not bankrupt, under liquidation, incurring suspension of payments or seizure of 5% or more of its assets. This statement cannot be older than 30 calendar days from the date of application.
Prevention of addiction
The applicant must have a legal representative active in the field of addiction prevention in the Netherlands.
The applicant must consult with experts to develop an addiction-prevention policy, which should be in line with the Dutch system for addiction care. The applicant should also describe the characteristics of the games of chance being offered and the risk factors they pose.
Internal supervision
The applicant must submit a plan for organising supervision in the coming period, covering at least a 12-month period and containing a description of the safeguards that will be taken for the structure and operation of internal supervision. The plan should include safeguards for the separation of management and internal supervision and for the independent functioning of internal-supervision officers.
Dutch national player exclusion database (CRUKS)
Remote Gambling Licence
A licenced operator has the responsibility to ensure that players registered in the CRUKS database are prevented from accessing online games. To this end, the applicant must submit a procedure to verify whether a player is registered in the CRUKS and if so, the applicant should specify the safeguards in place to ensure that the listed player is prevented from participating.
Policy rules
An applicant must submit policies on integrity, advertising and subcontracting. Furthermore, policy rules regarding payment transactions and match fixing must also be submitted.
Conclusion
Remote Gambling Licence Jobs
This brief overview is based on a preliminary draft list. The final list may contain adjustments, but it is clear that companies planning to submit applications for licences to operate online games of chance in the Netherlands must provide extensive information to the DGA.
Remote Gambling Licence Meaning
We advise that all interested parties begin preparing their applications as soon as possible so that you have all the information available on 1 March 2021 when it will be possible to apply for a license.
