Do national regulators enforce rules against entities operating abroad?
The Code of Conduct can be seen as an exception to the Games of Chance Act. As a general rule, games of chance are prohibited in the Netherlands and prize promotions are allowed only when certain criteria have been met.. If the criteria have not been met, the Dutch regulator enforces rules, including against entities operating abroad where such entities target the Dutch market. Relevant factors for assessing whether or not the Dutch market is targeted are: using a .nl website, use of Dutch language and the use of specific Dutch payment systems (e.g. iDeal).
In addition, if the prize promotion violates the Advertising Code for Games of Chance, the Advertising Code Committee (ACC) may ask for assistance from other advertising committees abroad to act against the infringer (the ACC is a member of the European Advertising Standards Alliance and considers most EU countries to operate suitable systems).
Finally, in instances where privacy/direct marketing rules are violated, it is unlikely that the applicable regulators will start legal action against foreign entities based outside of The Netherlands.