Dutch gambling regulator to clamp down on influencers
The KSA has already issued a fine against one influencer for promoting illegal gambling on YouTube.
The Netherlands.- The Dutch gambling regulator Kansspelautoriteit (KSA) has announced its intention to clamp down on influencers who promote unlicensed gambling products. It’s signalled its intent by issuing a first penalty payment order against the influencer LeftlanePapi.
The regulator said that the number of reports it receives about influencers who post images of how they gamble illegally on various social media platforms had increased. It stressed that it takes such reports seriously because social media influencers can appeal to young target groups. It said that it would be issuing warnings to influencers and that sanctions would be imposed when an influencer fails to remove content within 48 hours after a warning.
The KSA says the YouTube channel LeftlanePapi showed videos with live streams of online gambling from unlicensed providers. The illegal providers were promoted by the channel, which encouraged viewers to play there, it said.
The regulator said it issued a warning to the influencer but that the content was not removed and new streams were made. It said that existing content must be removed and no new advertising may be made. If this does happen, the influencer will receive a penalty of €25,000 per violation up to a maximum of €75,000.
With this new approach, the KSA has established a two-track policy. After establishing a violation, influencers receive a message telling them that they must stop their activities within 48 hours and that illegal content must be removed. If the influencer does not do so, the KSA will approach the social media platform in question to request the removal of the content itself and the influencer will receive a fine, as was also the case with Leftlanepapi. This ensures that the content will be removed in any case and that it is in influencers’ interests to remove it themselves.
The KSA said it has already warned several influencers.
Measures to improve recording of player files
Meanwhile, the KSA has reported on the results of an industry round table discussion held in May on the subject of improving the quality of operators’ recordings in player files. It noted that almost all licensed Dutch online gambling providers attended the discussion.
The regulator said that complete player files are essential for its supervision of gambling activities. These should include transaction data, analyses of gaming behaviour and contact moments with the player in a pseudonymised form. The KSA can request files for its supervision, for example when there are signals of major losses by a player. The file must then show whether and how the provider intervened in such a case.
Since October 2021, the KSA has conducted file investigations at multiple providers, in which a large number of player files have been viewed. It said that it had noted major differences in how and what is recorded. As a result, it has proposed five points of attention for good logs.
It said all logs should contain: 1) The reason intervention taken and what the risk was, 2) clear language, 3) the time the intervention occurred, 4) which department intervened, and 5) which steps were or were not taken.
In a small target group study, the KSA found that operators often fail to contact problem gamblers. It surveyed a small group of 139 people in care registered with AGOG, an NGO that provides treatment. Although providers are required to intervene in the event of signs of problematic gambling, the research found that this rarely happened effectively. Some 68 per cent of respondents were never approached personally and 83 per cent never received an entry or gaming ban. Of those who did receive a ban, half switched to another provider.
In other developments in Dutch gambling regulations, this month sees the start of the Netherlands’ ban on gambling sponsorship in sports. The kSA has previously warned operators not to seek loopholes in the new prohibition.
Last week, the KSA issued two warnings to Unibet operator Optdeck, one for untargeted advertising and the other for offering autoplay. The advertising in question relates to the Kindred Group subsidiary’s sponsorship of the Unibet Tietema Rockets cycling team.
