In response to concerns about significant inadequacies in existing player protection methods, the Dutch government is contemplating introducing more rigorous gambling advertising laws, including perhaps a complete ban on all forms of gambling advertising.
As a result of inquiries submitted by Congress to the State Secretary for Gaming Claudia Van Bruggen, it has now become apparent that current operators of gambling establishments cannot confirm via the Cruks system if all customers to whom they are sending advertisements have voluntarily excluded themselves from gambling via this system. Additionally, the Cruks system does not prevent any person from accessing unlicensed gambling sites.
Van Bruggen linked the potential policy shift directly to player protection, particularly for vulnerable users trying to stop gambling, said:
The government is working in line with the coalition agreement to further tighten gambling advertising rules, particularly to protect vulnerable groups. At the same time, instruments such as Cruks remain limited to the regulated market. They cannot prevent access to illegal providers or fully eliminate exposure to advertising.
Currently, the Netherlands enforces among the strictest regulations in Europe prohibiting gambling advertisements. Progressive restrictions on gambling advertisement practices have been enacted since the launch of the regulated online market in mid-2021, including prohibiting inapplicable advertisements, public advertisements and sponsorships relating to sporting and other events.
While advertisers are permitted under strict guidelines to implement targeted advertisements, the latest statements made by the government suggest that more changes are to come. Enforcement actions against illegal operators will continue to be a focus of the Dutch authorities; however, they have acknowledged that national enforcement mechanisms will be ineffective against offshore operators.
There has been substantial negative feedback from the gambling industry relative to possible future restrictions on advertising. The VNLOK anticipates that imposing an overall ban on gambling advertisements would render legal operators completely invisible to gambling consumers.
VNLOK chairman, Björn Fuchs, argued that visibility is essential to channel players toward regulated platforms, saying:
The Dutch gambling policy is deliberately designed around an open, regulated market with strict requirements for duty of care, advertising and supervision. That system only works if the legal, safe offer also remains visible to the player. A total ban on advertising undermines exactly that starting point.
