Opening of the Netherlands Remote Gambling Market: Resistance followed by Resistance

Session Title

Session 1-3-D: Policy and Regulation, Part 2

Presentation Type

Paper Presentation

Location

Park MGM, Las Vegas, NV

Start Date

23-5-2023 1:45 PM

End Date

23-5-2023 3:15 PM

Disciplines

Gaming Law

Abstract

Abstract

Following a lengthy preparatory period, lasting more than a decade, legislative reforms enabling the effective regulation and licensing of remote gambling entered into force on 1 April 2021. The market effectively opened in October that year. No sooner was the market open and a new political backlash arose, primarily against advertising by new entrants. The regulatory regime is due to be reviewed in 2024, however, it will not even reach its third birthday without being subject to amendments; be they on advertising or other consumer protection matters. Some more technical adjustments have already been made. Critique of the regime remains constant.

This paper will analyse this pushback and its veracity; examining the triggers, the nature of the debate and the changes which are being pursued. First calls for change came within months of the market opening, with actual proposals being made regarding advertising in summer 2022. The outcome of these initial changes will become clear in Q1 2023. These will be examined, also with a view to their consistency with the underlying legislative objectives. It is clear that there is growing demand for further changes on a diverse array of subjects – these will be fed into the paper too.

Implications

Demonstrate implications of regulatory reform where political/societal scepticism/opposition remains in combination with a sector which risks going beyond the “mandate” granted by legislation, but broadly complies with regulation. Enable other jurisdictions to understand events so as to avoid similar situations.

Keywords

Remote gambling, law, advertising, consumer protection

Author Bios

The focus of Dr Alan Littler’s work is on remote gambling operators and adjacent areas. Aside from guiding operators through the Dutch regulatory and licensing landscape he also advises suppliers (e.g. PSPs & software providers). Alan was awarded a PhD from Tilburg University for his research into the regulation of gambling and EU law. In addition to working at the leading Dutch firm in the sector, Alan is also involved in other projects, such as being part of the team behind the European Commission’s Report on the Evaluation of regulatory tools for enforcing online gambling rules and channelling demand towards controlled offers (2019).

Competing Interests

Please note that this presentation/paper is not funded, but the author advises and represents both operators and their suppliers in the Netherlands. This presentation/paper will represent the author's own views on the matters addressed therein.

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May 23rd, 1:45 PM May 23rd, 3:15 PM

Opening of the Netherlands Remote Gambling Market: Resistance followed by Resistance

Park MGM, Las Vegas, NV

Abstract

Following a lengthy preparatory period, lasting more than a decade, legislative reforms enabling the effective regulation and licensing of remote gambling entered into force on 1 April 2021. The market effectively opened in October that year. No sooner was the market open and a new political backlash arose, primarily against advertising by new entrants. The regulatory regime is due to be reviewed in 2024, however, it will not even reach its third birthday without being subject to amendments; be they on advertising or other consumer protection matters. Some more technical adjustments have already been made. Critique of the regime remains constant.

This paper will analyse this pushback and its veracity; examining the triggers, the nature of the debate and the changes which are being pursued. First calls for change came within months of the market opening, with actual proposals being made regarding advertising in summer 2022. The outcome of these initial changes will become clear in Q1 2023. These will be examined, also with a view to their consistency with the underlying legislative objectives. It is clear that there is growing demand for further changes on a diverse array of subjects – these will be fed into the paper too.

Implications

Demonstrate implications of regulatory reform where political/societal scepticism/opposition remains in combination with a sector which risks going beyond the “mandate” granted by legislation, but broadly complies with regulation. Enable other jurisdictions to understand events so as to avoid similar situations.