Compliance Agreement Dutch Online Gambling Market

The online gambling market in the Netherlands has been opened since October 1st, 2021. At XY Legal Solutions (XYLS) we have focused on this market since the beginning of 2018. At that time it became increasingly clear that regulation of the Dutch online gambling market was imminent. And yes, in February 2019 the Dutch Senate approved the bill on remote gambling. After a period of policy making and debate, the Remote Gambling Act officially went into effect on April first 2021. We at XYLS have been closely following everything in this regard. We have consulted on policy documents with the Dutch Gambling Authority, have assisted gambling companies with license applications and have created the Quality Mark for Responsible Affiliates known as Keurmerk Verantwoorde Affiliates (KVA).

We currently support various gambling companies on a ‘fixed basis’ with our in-depth knowledge of the online gambling market. This concerns the following types of companies:

• Providers with a license in the Netherlands;
• Providers who expect to receive a license for the Dutch gambling market;
• Developers of online games of chance (read here for example a business case about our work at Air Dice);
• Casino affiliates.

For these companies, which are involved in the Dutch gambling market, it is very pleasant to have a legal partner who can be approached on a permanent basis. Our extensive marketing knowledge is also a plus. Due to our close collaboration with XY Marketing Solutions, we have good insights into the possibilities with certain tools, and the legal requirements that come with it. Consider, for example, the General Data Protection Regulation (GDPR).

The low-threshold working method that we have set up for the Compliance Agreements means that our customers always benefit from the feeling of an internal legal department (which actually operates externally).

The Compliance Agreement has various parts that are (or may be) relevant for companies providing games of chance. Below is a description of what we can do for your organization:

• Legal support for the marketing department: XYLS is well aware of various marketing tools and opportunities in this area. If you have questions about whether ‘something is possible or not’, our legal consultants can easily respond by examining privacy legislation and gambling legislation. An answer will then be given to the question, along with a solution (for example, the need to change a privacy statement). We also have a lot of knowledge of affiliate marketing.
• GDPR issues: We can provide good support in the field of GDPR issues. We do not only provide advice, but also implementation. Implementation in the sense of drafting and optimizing all necessary documentation (data leak protocol, privacy statement, processing register, processing agreements). Read more about our experiences with the GDPR here.
• Questions about (interpretation of) the Dutch Gambling Act: XYLS has experience with these laws and regulations. For example, we are (or have been) active in various permit processes and we regularly answer legal questions from our customers about this legislation. We regularly support customers who are active in different branches of the gambling world (casino, affiliation, development) with these matters.
• Contract revisions: At XYLS we are familiar with different types of contracts that have to do with the gambling market. For example, when assessing an agreement offered by a developer, we can determine whether certain terms are reasonable (or unreasonable).
• Drafting contracts: Of course we are also able to draw up contracts or conditions on the basis of input. Think of affiliate conditions, bonus conditions and general terms and conditions. We can also change and optimize existing documents if necessary.
• Legal ‘research’: We act as an external legal department that can feel like an internal one. This means that we are also available for other types of legal inquiries.

• Large team: At XYLS, 8 legal consultants actively work on gambling-related issues. This means that our capacity is large and we can therefore (proactively and reactively) switch quickly with a possible compliance officer, legal department or, for example, marketing department within your organization.
• Network: Due to our active status within the gambling market, we have a broad network in which we can bring customers and connections into contact with each other.
• High degree of knowledge and experience: XYLS is a niche firm, which means that we have in-depth knowledge of the legal side of the (Dutch) gambling market.
• Marketing knowledge: Marketing and advertising are a hot topic for the gambling sector. XYLS can answer legal questions about this with a strong knowledge of the marketing profession. This makes the translation between marketing and the gambling sector sharper.
• Accessible: We provide a chat environment and a smooth way of switching between our legal consultants and the responsible persons within your organization.

The compliance agreement is entered into on the basis of a minimum number of hours (at a reduced hourly rate) that suits your organization. With this construction it is possible for us to ensure that these hours are in any case available. This prevents unnecessary delays in (sudden) issues. With a trial period of 6 months, we look at which structure best suits our collaboration. Interested? Request more information via our contact form down below.