Dutch Court Rules Against Kansspelautoriteit

Unlicensed online gaming websites can continue to do business with electronic payment services in the Netherlands, thanks to a ruling by one of the country’s highest administrative courts.

Dutch Court Rules Against Kansspelautoriteit

“Major setback” for regulator

A Netherlands high court has reversed a lower court’s ruling by decreeing that it is not against the law for local electronic payment service providers to conduct business with unlicensed online gaming sites.

According to Intergame, the December 27 decision means that the Kansspelautoriteit, the Dutch gaming regulator, has no right to punish any payment service providers dealing with unlicensed online gaming operators. The outcome is seen as a blow for the Kansspelautoriteit, which has sought to enforce legislation ratified in 1964 that prohibits online gambling.

“The ruling of the highest administrative judge is a major setback for the Kansspelautoriteit,” read a statement from the regulator. “With the ruling of The Council of State, it is even more difficult for the Kansspelautoriteit to take action against online gambling. Further examination of the ruling will show what the consequences are for the enforcement policy of the Kansspelautoriteit. The public goals of this are consumer protection, counteracting illegality and crime and addiction prevention.”

CalvinAyre.com reports that new legislation that would allow the Kansspelautoriteit to license local online gaming is currently stalled in the Senate. The Remote Gambling Bill has moreover been designed to give the regulator additional enforcement and punishment powers but is now not likely to come into force before next year.

“Only when this law has been adopted can the Kansspelautoriteit really make a stand against providers of illegal games of chance,” read the statement from the regulator.