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Licensing
Franssen Tolboom has acquired a unique position in several regulated markets, such as the gambling market and that for payment services. Thanks to our broad experience with such licence application processes, we are in a position to enable your licence application process to run as smoothly as possible.
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Sector approach
We have built up our expertise through focusing on the following sectors: gaming & gambling and fintech & payments. Our deep knowledge of these sectors means that our team can readily anticipate which matters are of importance for our clients. We advise local and international B2C gambling operators (including licence holders) and B2B suppliers, software developers, test labs, financial institutions, payment providers, private equity investors, media companies, hosting companies and governments. Through our in-depth knowledge of the sectors within which are active we are able to support our clients, in an efficient and effective manner. We render advice about the Dutch market. Additionally, we can provide multi-jurisdictional advice on the basis of our extensive international network.
Contact with regulators
Our sector-based approach means that we are well-known before the regulatory authority. We understand the value of a good relationship between the regulator and a licence holder. We are also familiar with balancing your commercial interests with regulatory supervision. Therefore, we always provide you with clear advice as to various strategic routes for your contact with the regulator.
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Frequently asked questions
For all licence types, the length of time required is highly dependent upon the degree to which the applicant is prepared.
It often takes between 3 to 6 months from the moment that a client contacts us until a licence application is ready to be submitted. From that point onwards, the Dutch Central Bank or the Authority for the Financial Markets has in principle 13 weeks in which to decide on an application. This period can be extended should certain documents not be fully complete.
The length of time required, for all licence types (exploitation licence for a gaming hall, online or sports-betting licence), is highly dependent upon the degree to which the applicant is prepared.
It often takes between 3 to 6 months from the moment that a client contacts us until a licence application is ready to be submitted. From that point onwards it will often take another 6 months before the Netherlands Gambling Authority reaches a decision on the application.* The period of time in which a decision must be reached on an application can be extended should particular documentation not be fully in order. In principle, once a positive decision has been taken the licence can go live immediately.
* The period, established in law, within which a decision must be taken varies according to licence type.
A gambling licence is not required for offering online games of skill. In practice, it can be extremely difficult to draw the line between games of skill and games of chance. We are happy to provide you with advice or a legal opinion about the games which you have developed.
For physical games of skill, such as those in bar or arcade hall, a model approval and an exploitation licence may be required from the Netherlands Gambling Authority (Kansspelautoriteit). Examples include a pinball machine or shooter game.
A licence is not required for a promotional game of chance on the condition that it complies with the Code of Conduct on Promotional Games of Chance. The most important conditions in this regard are:
- The promotional game of chance is designed to promote a specific service, product or organisation. The game of chance cannot be an independent activity in its own right.
- Participation in the game of chance is free. The organiser may charge communication costs of no more than €0.45.
- A promotional game of chance can only be run once per year per product, service or organisation. The game can include multiple draws per year.
- Prizes cannot have a value of more than €100,000. Additional requirements can apply depending on the value of the prizes.
- Participation by minors requires parental consent. An operator must be careful and restrained when targeting minors. Where minors are the target audience prizes must be tailored accordingly.