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Supervision and Enforcement
The roots of Franssen Tolboom lie in the administrative enforcement law. Our experts have more than 25 years of specialised experience supporting clients who are active in regulated markets. We therefore understand the complexities associated with maintaining a good relationship with regulatory authorities.
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Sector approach
Franssen Tolboom’s roots lie in administrative enforcement law. For many years we have been supporting clients across various sectors in administrative proceedings before regulatory authorities. Our sector-based approach means that we fully understand the complexities of operating in a regulated market. Your relationship with the Netherlands Gambling Authority (Kansspelautoriteit (Ksa)), the Dutch Central Bank (De Nederlandsche Bank (DNB)) or the Authority for the Financial Markets (Autoriteit Financiële Market (AFM)), or the relevant local municipality, is of great importance, and one where prevention is better than cure. However, should enforcement measures be inevitable then we are able to provide clear tailormade advice which also takes your commercial interests into consideration.
Dynamic & proactive
Through our advice we seek to avoid enforcement proceedings arising in the first place. This is why we offer our clients tailor-made compliance training programmes and advice, both digitally as well as in person. Furthermore, we also carry out regulatory compliance checks, as well as providing our clients with the technical means, such as our Licensing & Compliance Portal, to self-verify compliancee. Knowledge is of key importance in regulated markets. Given our various contacts in the sector we are always up to speed on the latest developments. We also offer our clients the possibility to subscribe to our Client Briefing Service, which means that they are always up to date on the latest changes to applicable laws and regulations. We can also liaise with the regulatory authority should an additional explanation be required regarding compliance with specific requirements.
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Frequently asked questions
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.
Franssen Tolboom has considerable experience with administrative enforcement procedures. At the point that a regulatory authority provides you with an intention to impose a sanction, such as a cease-and-desist order, we will attempt to prevent that the definitive version of the sanction is imposed. If the application of a sanction can no longer be avoided, then we will seek to lower the amount of the fine or push for less stringent conditions (a longer period in which to become compliant with an order, less far-reaching information requirements or concluding a payment plan).