From 2021 onwards, (online) casino’s, bookmakers and other related parties will be able to obtain a Dutch license for online gambling. On the 30th of October, the Dutch Gambling Authority published a concept version of the ‘License Application for Games of Chance Policy’ (hereafter: the concept version) and gives insights into what is to be expected when applying for this license. The purpose of this concept version is for (online) gambling operators to be able to make preparations for the application procedure. The final version of this policy will approximately be published in January.
In this article, we will give you information about the contents of this concept version and a (global) overview of obligatory documents. We will also explain how XY Legal Solutions will be able to assist in this application procedure.
The application procedure for a license for games of chance in the Netherlands
First of all the concept version states that license applications can be filled in on the Dutch Gambling Authority website. There will be a special form available. In the same environment mandatory documents (attachments) have to be uploaded. Unless stated otherwise in the concept version, documents have to uploaded in Dutch. This means that most of the documents will have to be translated, if the applicant is a foreign company. Exceptions could be: ICT documents, contracts with third parties (B2B), audit reports and certifications.
The concept version also states that incomplete or forgotten forms will lead to denial of the application. The same goes for incomplete or missing attachments (documents). If the Dutch Gambling Authority does not grant the application there will be no refund of the application costs: € 48.000,-.
Requirements for the online gambling license application
As described above, a sum of € 48.000,- will have to be paid when an operator wants the Dutch Gambling Authority to review the application. Also; the application has to be done in Dutch (for the biggest part). Next to this the contents can only be uploaded in PDF, in color, and there has to be Optical Character Recognition (and a 300 dpi/ppi minimum resolution). All documents have to be well readable.
A global overview of required documents (as to be expected)
- Extract from the commercial/trade register (in the Netherlands known as the Kamer van Koophandel).
- Company Statutes.
- The Dutch Gambling Authority will ask a number of questions on the online application form, regarding reliability.
- Statement of an auditor as stated in Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC. This statement contains: information about bankruptcy or liquidation, suspension of payment, any seizure of 5% or more of the applicant’s assets. This statement has to be recently produced: it can not be older than 30 (calendar) days prior to application.
- Proof of registration of this auditor as defined in Article 15 of Directive 2006/43/EC.
- Documents concerning Segregated Player Credits.
- And more…
- Documents with information about policy concerning integrity. Paragraph 3 and Paragraph 4 of the concept version provides more information concerning integrity.
Marketing and advertisement:
- Applicants have to describe how marketing and advertisement will take place, and will have to comply with the Concept Policy for Responsible Gambling (read our article about this).
- How will the applicant make sure that outsourcing is being done responsibly? Proof of, and information about this will have to be uploaded when applying.
Also, applicants will have to deliver documents on internal supervision, match fixing, the ‘Controledatabank’, responsible gambling, payment transactions and ‘Centraal register uitsluiting kansspelen: Cruks’.
How can XY Legal Solutions be of service?
At this point (November 2020) applying for a Dutch (Online) Gambling License is not possible. However, with all the information already provided by the Dutch Government, a lot of preparations can already be made. XY Legal Solutions focuses on the legal aspects of the (Dutch) online gambling market. We will be able to explain a lot more about advertisement, responsible gambling and other requirements. We will also be able to (legally correct) translate certain documents and help with the translation process in general. Please reach out to us via email@example.com, or by dialing +3130 – 227 03 86.