Gambling legislation in Belgium and the Netherlands

[Ash Ketchum]

Of course I know that every country has its own rules regarding gambling legislation. Where I live, in Belgium, the market is regulated and you may therefore promote the sportsbook / casino providers with a license from the Belgian Gaming Commission.


At trade fairs like LAC and AAC I sometimes get the question to promote sportsbook X or casino Y, while it does not have a license from the Belgian Gaming Commission.


Because I want to color inside the lines, I always assumed that the promotion of for example a Curacao license (which does accept players from Belgium and the Netherlands) is not allowed.


However, other websites - which also focus on Dutch-speaking players - do promote such providers. Admittedly from a .net or .com domain, but still ... Is that allowed? Some of these sites even focus on people from the Netherlands, while the market is not yet regulated there. Can't you get a big fine for that? Because players can when they play on unlicensed websites.

[Sherlock]

Who is supposed to get the fine? Whois contact of the domain?

You know Benelux (I do not), someone maybe might get the fine, but is it unenforceable.

[Triple7]

In Belgium, it is not allowed to promote illegal brands, hence brands that are not having a license. However, I do not see much action against it; people could get a fine or even worse.

As far as I understood the "online team" of the Gambling Commission is something like 1 FTE. That means that the risk of getting caught is not very big. They'll focus on illegal casinos, secondly perhaps affiliates that with a .be domain promote illegal brands. I do not think they're going to take any action about a .com website that is promoting brands without a license in Belgium. It doesn't make sense either. No way they're able to collect a fine in Curacao, Costa Rica, Thailand, Israel or where ever the domain owner might be.

I see for example Ask Gamblers promoting casinos without a license to Belgian residents. The more equipped regulators do take action against affiliates. Without VPN I cannot reach Ask Gamblers for example here and I know some affiliate websites got a fine. And Italy is actively blocking affiliate websites.

For sure that might change in the feature if the regulator in Belgium gets more resources or laws will be changed.

[Ash Ketchum]

For sure that might change in the feature if the regulator in Belgium gets more resources or laws will be changed.

Indeed, in a couple of months there will be a stricter Belgian legislation with deposit limits, less TV commercials around matches etc...

[ttt]

Thank you for the information. I was looking for that in the last weeks

[casinozoekmachine]

Dear Ash,

The Belgium legislation situation im not familiar with so i can't say any thing about it. But the regulatory situation for the Netherlands in short, it is still illegal for Dutchresidents to participate in gambling online. But the Dutch state is currentlysqueezing a blind eye.

After summers recess (2018 ) of the dutch cabinet they will finally get into this, because: The Senateof the State’s General has made a bill (13 July 2018 ) that modernizes the Law on games ofchance and the Betting and Gaming Tax Act by making online gambling possible under strict conditions. So after years of dragging and tugging, hopefullythere will be clarity.

https://www.eerstekamer.nl/wetsvoors...van_kansspelen
https://www.eerstekamer.nl/behandeli..._opgemaakt.pdf

(Memo 50 pages) About how the new law should look like and the reactions of all the party's.

I also accommodate the dutch market but not especially, the main websites language is Dutch but i also have an English translation. I draw traffic from all over the world. And as long as you promote online casinos who operate within the EU with licences from Curacao and Malta you are safe (but its a thin line)

Online casinos who are operating from the EU are strongly regulated, and as you know the Netherlands = also a participant of the EU and also has to follow its rules. So as for now its still a grey area. That said after black Thursday in the Netherlands a lot of Dutch Affiliates put there website down (in fear) of getting fined by the KSA. But i did not hear of any who really got the fines (me included).

Hope this clarifys somethings?

Kind Regards

[Ash Ketchum]

Dear Ash,

I also accommodate the dutch market but not especially, the main websites language is Dutch but i also have an English translation. I draw traffic from all over the world. And as long as you promote online casinos who operate within the EU with licences from Curacao and Malta you are safe (but its a thin line)

I guess your website doesn't have a .nl domain extension? And why do you think you're 'allowed' to promote online sportsbook / casinos within the EU with licenses from Curacao and Malta? Can you explain that a little bit further please?

[casinozoekmachine]

Ash i don't have .NL domain extension. But to be clear on the matter i don't think i am "allowed" to promote online sports book / casinos. What i said earlier its a thin line, and i personally think any case against portal webmasters would not stand in court.

The choice of these licensed casino's is due to they are very strict regulated, and trade by the EU laws. The Netherlands and Belgium also acknowledges these rules, besides having there on set of laws of course.

And that said i also want to point out we are "affiliates" and not the "casinos" or "players" I think as an portal we are not subject to "all" the laws and regulations of online casino's or casino players "its a an grey area". Strictly speaking we offer information and linking to an third environment "outside" Dutch law.

Some side information
Furthermore the KSA since the existence never collected any fines, because The Hague and Brussels are so divided on this matter. The simple cannot make any agreements within the EU about it. The small project team did try to enforce the law regarding to games of change. In the past they send out an bunch of letters to webmasters and online casinos but never one court case has been filled, no processes, it makes you wonder........

Its was pure intimidation, worst case scenario is a warning and have the choice to remove / move the links. Migrating to a .COM or .EU is therefore a solution. Many did, some in fear shut everything down. Its all administrative law.

I guess your website doesn't have a .nl domain extension? And why do you think you're 'allowed' to promote online sportsbook / casinos within the EU with licenses from Curacao and Malta? Can you explain that a little bit further please?

[Triple7]

Small addition, Curacao is not EU and basically, there's no functioning gambling authority over there.

Besides that, I agree with Casinozoekmachine. A lot of consternation about basically nothing, just fruitful for lawyers, legal teams, and programs looking to close accounts. It seems there's some interest to (try to) attack the affiliate market.

Belgium

In Belgium, you're allowed to promote just Belgian-licensed casinos. Belgian law is not compliant with EU rules, but there seems to be not too much interest of operators and EC to attack it.

Also, most legit EU brands not having a license in Belgium are excluding Belgian residents. Illegal gambling in Belgium is mainly notorious black market brands. Sometimes they appear at websites and some of them hack themselves into the SERPs. Not too much action is taken against it. The problem is a bit that Belgium in terms of internet is somewhere in the Middle Ages.

[Mario The Gambler]

I agree with the answers that were made.


I will only make the following suggestions:


Not only should you use a .com or .net extension rather than a Belgian or Dutch national extension but you should host your site outside of Belgium and Holland. In principle, websites are subject to the laws of the country where they are hosted.


And you should not reveal (on your site) if you are Belgian or not, and if you live in Belgium or elsewhere.


The worst thing that could happen to you would be that your site is blocked by the regulators in Belgium.