Practice areas

Regulatory Compliance

With Franssen Tolboom compliance is no longer an obstacle but becomes your strategic advantage.

Compliance
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Our specialty

Law and regulations change constantly, and compliance becomes even more complex. At Franssen Tolboom we understand that compliance is essential for the continuity and reputation of your business. We provide expert legal guidance so as to ensure that you fully comply with all applicable laws and regulations, whether you are active in the gaming & gambling sector, or the fintech & payments sector, or the sports, media & entertainment sector.

Dynamic & proactive

Knowing the latest there is to know is of crucial importance within these sectors, and thanks to our close contacts with key stakeholders we are always up to speed on key developments. We offer our clients our “Client Briefing Service” which ensures that they are up to date on the latest political, legal and market developments. Through this service we also provide translations of (the latest) legislation, whilst providing an analysis of the changes and amendments for a given sector.

Should it be necessary, then we can also contact the relevant regulatory body to obtain an additional explanation as to how they consider that particular requirements should be interpreted and applied. Franssen Tolboom also offers tailor-made compliance checks, training and advice, both digitally and in person; all designed to meet the demands and needs of your organisation.

The Licensing & Compliance Portal

For those clients who want to do as much as possible themselves, we offer innovative technical tools. One of which is our digital Licensing & Compliance Portal. The portal contains a number of resources, including (translations of) the most relevant laws and regulations. Usefully, it also provides compliance overviews on a topic-by-topic basis, so that all relevant requirements are contained in a single document. This enables you to see what is and what is not permitted for each topic, for example, with regards to advertising or addiction prevention. Furthermore, the portal also provides an overview of all Q&As which have been provided by the regulator; both those which are in the public domain and those which are not.

Gambling

A licence holder must implement measures to prevent gambling addiction to the greatest possible extent. This duty of care has been detailed in legislation and policy from the Gambling Authority (Kansspelautoriteit). Franssen Tolboom can assist you in complying with the web of strict, and often changing, regulatory requirements. We can provide advice on your addiction prevention policy, the training of personnel, how to assess and analyse player behaviour and applying the most appropriate intervention measures.
What is permitted in terms of advertising will vary greatly according to the type of licence held. We can assist with drawing up your advertising policy, your bonus offers and the associated terms and conditions, as well as assisting with your internal checks and balances for ensuring that advertising campaigns are compliant with Dutch law. Furthermore, we can also advise as to whether a particular advert satisfies the applicable laws and regulations before it is launched, as well as having a condensed overview which provides a summary of all relevant rules.
Remote gambling operators, and those providing land-based casinos, must comply with strict requirements flowing from anti-money laundering legislation. Franssen Tolboom can assist you in translating these provisions into processes and tools for your organisation.
A licence holder is required to collect and retain various types of data. Different retention periods apply for different categories of data, with different requirements applying to the point at which the data should be collected and how the data is to be stored. We can assist with you in mapping out the applicable requirements so that you are always fully compliant with your obligations.
Licence holders can always decide to contract particular activities out to third parties. It is essential that B2C licence holders, and also B2B software/service providers, are fully compliant with the applicable laws and regulations in the Netherlands. Franssen Tolboom provides legal guidance, so as to ensure that the product you offer on the Dutch market is always done so in a compliant manner.
Numerous notification requirements apply to those offer games of chance in the Netherlands. You are required to notify the Netherlands Gambling Authority (Kansspelautoriteit) of changes to your company (structure) within a given period of time. Similar requirements also apply to incidents, such as a data leak. The Netherlands Gambling Authority also requires various periodic reports. We can provide clarity as to these requirements, so that you correctly inform the relevant authority in the right way.
At Franssen Tolboom we understand the complexities of developing your game system and the obligatory control database (data vault solution). Strict technical requirements apply in the Dutch market with regards to a variety of subjects, including testing and certification, and also change management. We can assist by helping to ensure that these requirements remain understandable, so that you can avoid any unpleasant surprises.

Our experts

Justin Franssen
Partner

Justin Franssen

Partner

Frank Tolboom

Alan Littler
Legal Director

Dr. Alan Littler

Chris Adriaansz
Associate

Chris Adriaansz

Joris Crone
Associate

Joris Crone