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KSA integrates new fines policy for gaming licenses
The Netherlands Gaming Authority (KSA) introduced the new General Policy of Fines for gambling licensees, effective January 1, 2025.
The policy expands fines to address violations under the Remote Gambling Act (KOA) and the Netherlands Money Laundering and Terrorist Financing Act (Wwft). It categorizes violations into five levels, with basic fines ranging from €500 (Category 1) to €2,000,000 (Category 5).
Fines are calculated in the following way:
1. Violation Type: The KSA decides the fine based on the kind of violation.
2. Repeat Offences: Fines can be doubled in the case of repeat offenders.
3. Seriousness of the Violation: The KSA looks at how bad the violation was, considering things like negligence or harm to customers.
4. Negligence: If the violation was due to carelessness, the fine can go up by 50%.
5. Turnover-Based Fines: Fines can be a percentage of the company’s income, making them higher for bigger businesses.
6. Mitigating Factors: If the company reported the issue or took corrective actions, it could reduce the fine by up to 25%.
7-9. Fairness: The KSA makes sure fines are fair, ensuring they are higher than any profits made from the violation. They also take the company’s financial situation into account to avoid making the fine too harsh.
The KSA stated:
“The New General Policy of Fines aims to ensure penalties are appropriate and serve as punitive and preventive measures. It seeks to deter violations and promote compliance with gambling regulations.”
Michel Groothuizen, Chairman of KSA, commented:
“The KSA is becoming increasingly professional as an organization. After the opening of the online market in 2021, we gained a new category of license holders. In 2022, we imposed our first fine on a license holder. We have now gained enough experience to create a well-considered fine policy for both license holders and other parties. This creates clarity for the parties under our supervision and hopefully motivates them even more to avoid fines.”
By aligning penalties with offenders’ actions, the KSA aims to stop future violations and modify the Dutch gaming industry.
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