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Netherlands State Lottery held accountable for misleading advertisements
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Administrative litigation
Franssen Tolboom has a team which is specalised in supporting clients in their disputes with regulators. The team has built up extensive experience through procedures dealing with a wide range of different matters including licence applications, integrity assessments and enforcement measures by regulatory authorities.
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Netherlands Gambling Authority (Kansspelautoriteit)
Ever since the establishment of the Netherlands Gambling Authority in 2012, the experts at Franssen Tolboom have represented clients regarding a wide range of matters. These include procedures regarding applications for, and the award of, gambling licences, as well as integrity assessment and disputes following the Netherlands Gambling Authority’s application of enforcement measures. Our team can provide strategic advice during such processes, and represents clients in administrative law proceedings before the regulator and administrative courts. Thanks to our extensive sectoral experience we will understand the background to your dispute with the regulator, and readily adapt to this accordingly.
DNB / AFM
The team at Fransen Tolboom represents financial service providers and individual directors in investigations and enforcement measures taken by, amongst others, the Dutch Central Bank (De Nederlandse Bank (DNB)) and the Authority for the Financial Markets (Autoriteit Financiële Markten (AFM)). Such matters can include formal enforcement measures, such as administrative fines, binding instructions or cease-and-desist orders, or enforcement trajectories of a more informal nature. Think in this regard of a warning or corrective discussion.
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Our team can assist you with various questions regarding your licence, such as a licence rejection, suspension or withdrawal as well as the award of licences.
Our experts have considerable experience in the field of administrative enforcement law. Regulators are increasingly active and make use of different measures, from corrective discussions and warnings to enforcement measures such as (an intention to) impose a cease-and-desist order subject to a penalty as well as administrative fines. We can assist with practical and strategic advice during the entire process when such measures are (about to be) imposed.
As a party in a regulated market you are obliged to notify relevant changes to the relevant regulator (such as changes in new directors or new sanctions). Should this appear as if it will result in a negative outcome then we can support you through combining our regulatory knowledge with our capacity for resolving disputes with regulatory authorities.
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Frequently asked questions
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.
Regulators enjoy a broad competence when it comes to requesting information and documentation. They can demand information not only from a licence holder but also suppliers as well as a licence holder’s employees. Reliance on this competence is subject to specific rules. Information and documentation can only be requested to the extent that it is “necessary”. Practice demonstrates that regulators can sometimes request too much information. We are happy to assist you in such matters.
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.