The Netherlands Gaming Authority (KSA) has implemented a new fine policy designed to enhance clarity, consistency, and enforcement of gambling regulations.
Starting January 1, the updated policy enforces stricter fines on gambling operators and other supervised entities. Fines are categorized into five levels, ranging from €500 in the lowest tier to €2 million in the highest.
For major infractions, the policy allows for a turnover-based penalty of 3% of the offender’s gross revenue, aimed at increasing the impact of the fine.
Category 5 offenses tied to the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) could face even higher penalties. The policy also introduces benefit-based fines, calculated on the financial gain from the violation, with penalties potentially doubling the acquired benefit.
Fines are calculated using a detailed step-by-step process that considers the base fine, repeat offenses (where penalties can double), and the severity of the violation, including its impact and scope. The offender’s culpability is also evaluated based on their level of responsibility, financial capacity, and size, with larger operators potentially facing higher fines relative to their turnover.
Adjustments of up to 50% may be applied depending on the severity of the offense, culpability, and mitigating factors. Final fines are rounded according to established guidelines.
Michel Groothuizen, the chairman of KSA, mentioned:
The KSA is becoming increasingly professional as an organisation. The regulator has gained enough experience to arrive at a well-considered fine policy for both licence holders and other parties. This creates clarity for the parties under our supervision and hopefully motivates them even more to avoid fines.
Existing fine systems for specific sectors such as illegal online gambling, gaming machines, and gambling terminals will continue, but the new policy introduces a consistent framework for other offenses. Key considerations, including gross turnover, recidivism, and violation severity, are now applied consistently.
The KSA aims to boost regulatory effectiveness, discourage misconduct, and support fair practices across the gambling sector.
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