Dutch Regulator Slaps Hillside with Binding Order for Duty of Care Breaches
In the high-stakes world of online gambling, the balance between corporate profit and player protection is perpetually delicate. A recent regulatory decision in the Netherlands has thrown this tension into sharp relief, highlighting the critical and often contentious responsibilities that licensed operators bear. At the heart of the matter lies a fundamental question: how far must a company go to ensure its customers are not gambling beyond their means?
The case centers on a major international gambling operator, which has been issued a formal and binding directive by the Dutch gambling authority. The regulator found the company’s systems for preventing financial harm to players were fundamentally inadequate over a significant period. Central to the failure was the operator's approach to a crucial safety metric: the affordability benchmark. Dutch rules are clear that when a player’s net deposits reach thirty percent or more of their monthly net income, it must be treated as a glaring risk signal, triggering mandatory protective interventions.
The regulator’s investigation revealed a multi-layered breakdown in this duty of care. Firstly, the company relied heavily on player-completed questionnaires to assess financial situations. This method is inherently flawed, as the regulator pointed out with compelling logic. A person potentially developing a gambling problem is the least likely individual to provide truthful information that would result in their own activity being restricted. Trusting a single, unverified statement from the player was deemed entirely insufficient as a safeguard.
Secondly, and perhaps more alarmingly, even when the company did set deposit limits for customers flagged as at-risk, those limits routinely exceeded the 30% affordability threshold. In some examined cases, limits were set as high as 103% of a customer’s monthly net income—a figure that effectively encourages, rather than prevents, financial recklessness. To compound the failure, the investigation found that for at least one customer, no deposit limit was set at all for a period of several months, leaving them entirely without this basic protective barrier.
In response to these systemic failures, the regulator issued a strict corrective order. The company was given four weeks to overhaul its processes. It must now systematically register and analyze affordability risk signals across its customer base and, most importantly, follow up with robust affordability checks grounded in objective, verifiable evidence. This means moving beyond simple questionnaires to requesting documents like payslips or bank statements that can corroborate a player’s declared income. The message was unambiguous: subjective assessment is not enough; proof is required.
The operator’s reaction to the sanction was one of defensiveness and dispute. It argued that the Dutch regulatory framework allows for interpretation and proposed an alternative method of "triangulation." This approach would involve cross-referencing player-provided data with publicly available information sources. The regulator swiftly rejected this proposal, standing firm on the principle that concrete evidence documents are the only reliable foundation for a legally compliant affordability check. The company’s stance suggests a preference for less intrusive, more scalable methods, which critics might argue prioritizes operational convenience over unwavering player safety.
This incident is not an isolated misstep for the operator in the Netherlands, having previously faced significant fines for advertising violations. More broadly, it fits into a pattern of intensified regulatory scrutiny in the Dutch market. The gambling authority has recently levied multi-million euro penalties on unlicensed operators and publicly committed to tightening its enforcement net. The decision to publish the details of this binding order was explicitly framed as a public interest measure, aiming to promote transparency, underscore the importance of player protection, and serve as a stark warning to the entire industry.
The confrontation illuminates a pivotal battle in modern gambling regulation. It is a clash between innovative, data-driven corporate practices and a regulator’s insistence on traditional, evidence-based safeguards. While operators may seek efficient, digital-first solutions for compliance, regulators are emphasizing that protecting vulnerable individuals from profound harm requires more rigorous, sometimes analog, verification. This case establishes a clear precedent: in the pursuit of a safer gambling environment, assumptions are inadequate, and verifiable truth is non-negotiable. The outcome signals to all licensed operators that the duty of care is an active, demanding obligation, one that must be integrated into their systems with the utmost seriousness, lest they face not only financial penalties but a profound loss of trust.