The KOA represents the Remote Gambling Act that came into effect on 1 April 2021 as an update to the Gaming Act of 1964.
The KOA licence holder was addressed because it had placed odds on a sports news site.
By clicking on the odds banner, the user was unwittingly redirected to the gambling site of the licence holder.
This type of advertising is prohibited and, according to the Gambling Act, advertising can not be misleading.
When an operator promotes an online game of chance, it must be very clear that the banner is in fact an advert and it must show from whom the advertising originates. Additionally, other information obligations must also be met.
The regulation applies when advertising is made via a third party or a partner, such as in this case, a website with sports news.
The KSA has informed the licence holder about the misleading nature of its advertising and that the information obligations regarding advertising had not been met.
The regulator has additionally ordered the licence holder to either adjust or remove the banners; within a day and a half and the operator acted accordingly.
Legal online gaming in the Dutch market has been subject to a “messy start” since its launch, as discussed by analyst Willem van Oort in the most recent issue of Gambling Insider magazine.
