Penalties for non-compliance
What are the penalties for non-compliance?
The Gaming Authority (Kansspelautoriteit, 'KSA') may impose administrative fines of up to €830,000 (approx. US$930,000) or 10% of the annual turnover of the year preceding the year in which the violation was committed for offering illegal games of chance.
In instances where the violation is considered an economic offence (i.e. if it is established that the violation was wilfully committed), the violation may be punished by imprisonment not exceeding two years.
In practice, fines between € 100,000 (approx. US$112,000) and € 500,000 (approx. US$560,000) on gambling providers, their directors and gambling software suppliers have been imposed by the KSA.
Furthermore, the Advertising Code Committee may issue a 'recommendation' for violations of the Advertising Code for Games of Chance, which means that the violator is recommended to discontinue the promotion in the form in which it is currently being or has been advertised.
Finally, there is the possibility that the personal data processing aspects of the promotion could breach GDPR, which has maximum fines of up to the higher of:
- €20 million (approx. US$22.4m); or
- 4% of the promoter’s worldwide annual revenue.