KSA, Netherlands/Dutch gambling authority

KSA clarifies rules on Dutch Untargeted Advertising ban 

Kansspelautoriteit (KSA), the Netherlands Gambling Authority, has issued new guidance to clarify the upcoming rules of the Dutch government’s ban on ‘Untargeted Advertising’.   

Authorised by the Dutch Ministry of Justice and Security, from 1 July all Dutch-licensed operators must abide by the rules of a ban on untargeted advertising imposed across ‘all public media platforms’.

The ban has been introduced as part of the government’s ongoing review of the Remote Gambling Act (KOA), which launched the Netherlands online gambling marketplace in October 2020. 

Updating stakeholders, KSA outlined that “starting 1 July, a ban on untargeted advertising for online games of chance will take effect to protect vulnerable groups, including minors and young adults, from potential gambling addiction”.

In its remit  KSA will oversee the enforcement of the new advertising regulations and inform licence holders about marketing standards and required campaign changes.

KSA clarifies that ‘untargeted advertising’ relates to any form of publicly visible advertising promoting gambling or betting via TV, radio, print media and outdoor spaces.

Advertising to Dutch consumers will be restricted to direct mails, on-demand TV advertising, social media and online platforms. However, all campaigns must ensure a visibility that “95% of their audience is 24 years or older.”

From 1 July, operators must self-monitor and keep records of individual marketing campaign reports, to be submitted to KSA for inspection.  

The ban will further be applied to sports, media and entertainment sponsorships – in which the government has imposed a ‘transitional period’ to end existing contracts

 “TV programs and events are permitted until 1 July, 2024; athletes, clubs, and competition sponsorships are allowed until 1 July, 2025.”

Sports clubs were reminded that “new sponsorship agreements can’t be concluded, and extensions or changes to existing agreements are also disallowed”. 

In addition, land-based gambling operators have been warned that they can no longer promote online games or sportsbook offerings to customers within their venues.

All marketing campaigns must continue to abide by the Dutch advertising update of June 2022, which prohibits the use of promotions by celebrities, athletes, or influencers.

KOA incumbents were warned that KSA will supervise the “implementation of these new advertising rules and obligations from the ban’s effective date.”

“Any needed clarification or interpretation of these rules will be communicated in a timely manner.”

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