Netherlands imposes the largest fine in its history against unlicensed online gambling operators

Netherlands imposes the largest fine in its history against unlicensed online gambling operators

The Netherlands Gambling Authority (KSA, by its Dutch acronym) issued two administrative sanctions that mark a milestone in the country’s online gambling regulatory history. The body imposed a fine of $28,9 million (24,8 million euros) on Novatech, operator of the Qbet and 55Bet brands, and an additional fine of $2,1 million (1,8 million euros) on Fortaprime SRL, responsible for brands such as Amonbet, Supraplay, Bilucky, Gxspins, Kaasino, Hiddenjack, and Luckymax7. Both operators allowed access and registration for players from the Netherlands without having the local licenses required by current legislation.

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Violations detected by the KSA

During its investigation, the KSA found that residents in the Netherlands could create player accounts and make deposits on all involved brands without any technical impediment. The absence of effective geographic blocking was considered a direct violation of the obligations that Dutch regulations impose on those wishing to offer gambling services in the local market.

In addition to unrestricted access, investigators identified a series of aggravating circumstances that increased the severity of the sanctions. Among them, the absence of visible player age verification was highlighted, a basic requirement in any regulated jurisdiction, as compliance is essential to prevent minors from accessing gambling products.

The KSA also noted that the platforms accepted payments via cryptocurrencies and anonymous methods, which increases the risk of money laundering by making transaction traceability difficult. This type of practice is considered by European regulators as a direct threat to the integrity of the financial system and player protection.

The role of affiliate sites as evidence of market targeting

One of the elements that the KSA included as evidence in its resolution was the existence of reviews on affiliate websites explicitly indicating that several of the investigated brands accepted players from the Netherlands. For the regulatory authority, this type of content constitutes evidence that the operators not only passively allowed access to Dutch players but actively targeted that market.

This logic has important implications for the affiliate ecosystem in Europe: operators can be sanctioned not only for their own behavior but also for the content generated by those who promote them. The KSA makes it clear that marketing strategy is part of the regulatory analysis.

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The position of the KSA chairman: “$116,5 million would be more appropriate”

When presenting the decisions, KSA Chairman Michel Groothuizen did not hide his opinion on the insufficiency of the legal framework to respond to the magnitude of the violations. He explained that the methodology for calculating fines is based on the estimated turnover that illegal operators generated from players based in the Netherlands, but that the law limits the maximum sanction to 10% of the operator’s global turnover.

According to Groothuizen, Novatech obtained hundreds of millions of dollars from its illegal operation, mostly from Dutch customers. Without the 10% legal cap, the fine would have exceeded $116,5 million (100 million euros), an amount that the KSA chairman himself considered more in line with the severity of the offense. His statements are a warning to both the sector and the legislator about the need to review current sanction limits.

Warning to influencers promoting illegal operators

One of the most striking aspects of the KSA statement was the explicit warning directed at influencers who advertise unlicensed operators. The authority indicated that Fortaprime’s brands had been promoted by Dutch influencers and warned that those who disseminate this type of content could also be exposed to sanctions.

This position of the Dutch regulator is part of a growing European trend to expand the scope of responsibility in the online gambling value chain. The promotion of illegal services through digital platforms and social networks is increasingly observed by regulators, who seek to close off player recruitment channels that operate outside the formal system.

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