Practice areas

Licensing Gambling

Franssen Tolboom has established a unique position in specific regulated markets, such as the gambling market. Thanks to our extensive experience with licence applications, we are able to ensure that your application procedure will run efficiently and smoothly.

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Dynamic & proactive

The experts at Franssen Tolboom take an integrated approach to handling licence applications. This means that we are in a position to tailor our services to the wishes of each client; from full-service to a sanity check. Our processes are also streamlined through the use of our licence application portal and templates which been developed for Dutch licence application procedures. We are also well aware of the importance of a good relationship between a licence holder and the regulatory authority. Our sector-based approach means that we are well known to regulators. We can leverage such contact to achieve the best results for our clients.

Our approach spans different fields of law. We advise clients regarding a wide range of questions relating to licence applications. We are involved in the entire process, from the initial idea until licence exploitation. This means that not only do we advise about the application process but also other matters such as website hosting, cookies, general terms and conditions, notifications to regulatory authorities and corporate law.

Technology driven

Just like our clients we are also technology driven and are in a constant state of development. Franssen Tolboom is at the forefront of developments and consistently adapts to satisfy clients’ demands. Through our proactive approach we are in a position to inform clients at an early stage about relevant legal and political developments which could have an impact on their business activities.

Our experts

Partner

Frank Tolboom

Alan Littler
Legal Director

Dr. Alan Littler

Joris Crone
Associate

Joris Crone

Chris Adriaansz
Associate

Chris Adriaansz

Justin Franssen
Partner

Justin Franssen

What is important for a gambling licence?

One ore more different licences will be necessary depending on the types of gambling which you intend to offer. Our experts can help you apply for the following licence types: slot machine arcade (licences from the relevant local municipality and the Netherlands Gambling Authority (Kansspelautoriteit), charity lotteries, totalisator (horserace betting) and remote games of chance. A licence is not required for offering promotional games of chance, but particular conditions must be adhered to. This is something which we can also advise on.
All gambling operators must comply with strict rules regarding advertising and bonuses. The precise rules vary per licence type.
All licence holders must pay gambling tax to the Tax Authority. The effective rate of taxation can vary. Some licence holders must also pay a gambling levy.
Holders of a licence for online gambling or gambling for a slot machine arcade must satisfy additional requirements regarding the prevention of gambling addiction.
Holders of a remote gambling licence or a licence for operating slot machine arcades must check whether (potential) players are registered in CRUKS. A connection is required for carrying such checks out.
Those holding a licence for online gambling (remote gambling) are qualified as AML institutions. This means that, amongst other things, they must take measures should money laundering, the financing of terrorism and match-fixing be suspected. Furthermore, they must also take measures to mitigate the risks associated with money laundering, the financing of terrorism and match-fixing. Those holding a licence for operating slot machine arcades or land-based sports-betting are not subject to such requirements to the same intensity.
Remote gambling operators must ensure that their entire game system is tested and certified by a designated test lab.

Frequently asked questions

A licence is required from the Netherlands Gambling Authority (Kansspelautoriteit) for operating remote games of chance (online games of chance). The licence application process contains various conditions which the applicant must satisfy. The licence applicant must submit various policies, such as those regarding advertising, the prevention of gambling addiction and the prevention of money laundering. Feel free to contact us for a complete overview.

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.

Those offering games of chance in the Netherlands without a local licence run the risk of enforcement by the Netherlands Gambling Authority (Kansspelautoriteit). Often the first step will be that a cease-and-desist order subject to a penalty will be imposed, so as to force the company to cease offering in the Netherlands, subject to the threat of a penalty for failure to comply with the order. Subsequently, the Gambling Authority can impose a fine for the said (earlier) offer, even if it has come to an end in the meantime.