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January 17, 2025 – 20th edition of the Annual Gaming Industry Event
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Integrity Tests
In many regulated markets it is standard for an integrity test to be applied before a licence or authorisation is awarded. Franssen Tolboom has established a unique position in relation to regulated markets and can provide you with specialist advice.
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Proactive
Integrity tests, including that under the Bibob Act, take place upon licence award but can also be applied on an incidental basis during the lifetime of a licence. Changes which we frequently advise upon during the period of a licence’s validity include changes to a company’s shareholders or directors. Franssen Tolboom has developed tools by which our clients can self-assess which changes must be reported and the information that must be provided when doing so.
Integrity test
Under Dutch law an applicant’s integrity can be assessed on the basis of a supervisory body’s own integrity test (derived from specific legislation) or on the basis of a test based upon a particular piece of primary legislation, namely the Bibob Act, or on the basis of both. Consequently, some payment providers and gambling operators have been subject to the reliability tests of the Dutch Central Bank (De Nederlandsche Bank (DNB)) or the Netherlands Gambling Authority (Kansspelautoriteit (Ksa)), as applicable. Operators of slot machine arcade halls will have undergone an assessment of their behaviour (“levensgedragstoets”). We can provide advice in relation to all of these integrity tests.
Bibob Act
2002 saw the introduction of the Public Administration Probity Screening Act, often referred to as the “Bibob Act”, following its abbreviation in Dutch. Its scope of application has been gradually expanded ever since. The Bibob Act is applicable in various situations, including licences for remote gambling and arcade halls, licences awarded on the basis of the Opium Act, the Housing Act and the Licensing and Catering Act. Franssen Tolboom has gained considerable experience in relation to the Bibob test by supporting both local businesses as well as international listed companies. We will be happy to advise you on how to successfully pass through these procedures.
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Frequently asked questions
If an integrity test or a test based on the Bibob Act was part of your licence application then, during the lifetime of your licence, you will often be under a duty to notify important changes to your company (structure). This will often result in a(n) (limited) assessment on the basis of your notification. Changes which require notification often vary between different types of licence or the body which awarded the licence. The duty to notify is frequently described in the applicable policy rule from the awarding regulatory authority or are contained in the licence itself.
A Bibob test or integrity test are mostly based around a standardised form. These forms are often complex and it is not always clear whether a person or sanction from the past needs to be declared. It is important to seek specialised assistance at an early stage. Ultimatiley, errors made while filling out the form can be a reason for the regulator to keep an extra eye on your company or even refuse a licence. We are happy to help you filter necessary information.