KSA fines Bingoal Nederland for sending marketing to young adults

Bingoal Nederland has been hit with a €400,000 fine.

The Netherlands.- The Dutch gambling regulator Kansspelautoriteit (KSA) has hit Bingoal Nederland with a fine of €400,000 for sending marketing materials to young adults aged under 24. The regulator found that between October 1 2021 and April 1 2022, the operator sent emails and messages to players in this age group.

Dutch gambling legislation prohibits gambling operators from targeting marketing messages at under 24s under Article 2, Par 4 of the Dutch Betting and Gaming Act. Despite gambling being legal for over 18s, this rule was imposed due to concerns that young adults are more vulnerable.

Bingoal admitted to having sent communications to players in this age group, but that the ads were “targeted” at them. It said the emails were sent out as part of general advertising to all players. However, the KSA sees operators as having the obligation to prevent ads from reaching under 24s.

Bingoal criticised the regulator, arguing that it had not clarified its interpretation of the word “targeting” to operators. Bingoal says it understood “targeting” to mean actively aiming a campaign at this group, while the KSA uses the term simply to mean sending or displaying an ad.

The operator also argued that its penalty should be lower considering it is a licensed operator. It said a fine of over €100,000 would give unlicensed operators an advantage over licensees. However, the KSA said the amount of the fine was proportionate to others that it has issued and took into account the seriousness of the breach of rules. Of the €400,000 fine issued, €350,000 was for the breach itself, with €50,000 added due to how long it went on for.

It said Bingoal took no action to stop emails form reaching young adults, despite having access to technology that could do so. It also argued that gambling licensees had the responsibility to ensure they understood the rules.

From the start of next month, the Netherlands will impose a complete ban on all untargeted gambling ads on TV, radio, print and public places. Neighbouring Belgium also plans to introduce a gambling ads ban from July 1, while the Franch gambling regulator, the ANJ has raised the spectre of possible intervention along the same lines if operators do not comply with its new guidance against using athletes in gambling ads.