June 6, 2023 - 9:43 am

Law change for fake identities in online gambling in the Netherlands

The Kansspelautoriteit (Ksa) has asked the minister of legal protection to amend the law to allow the use of false identification for enforcement and supervision. The Ksa addressed this and other pressing issues in its most recent law letter. The legislation surrounding gaming machines is outdated and increasingly at odds with current regulatory and technological developments. The Ksa proposes to adapt the legislation to online gambling legislation.
These points from the legislative letter will be submitted to the minister so that by addressing them, the Ksa will be one step closer to a safe and responsible gaming system that properly protects and informs Dutch players and prevents abuse.

Ksa wants to actively contribute to laws and regulations from its practical experience and therefore regularly sends legislative letters to Minister Weerwind. In light of the upcoming revision of the Remote Gaming Act (KOA) in 2024, the letter sent now contains only the most urgent concerns. Issues not addressed in the legislative letter may be included in the review.

Fake identification for gambling accounts

Ksa reserves the right to use fake identification to check whether gambling providers comply with the rules. Such fake IDs can only be created and issued by the National Identity Data Office and must have a legal basis. However, the law does not provide Ksa with such a basis and should therefore be amended to allow Ksa to obtain the identification details needed to access the provider's website. These should be changed periodically to avoid being recognised by the provider. This change will allow the Ksa to better monitor legal offers and take enforcement action against illegal offers.
Online licensees are required to select data from their gaming systems to be included in their data repository, the control database. These may currently be used by the KSA only for surveillance and law enforcement purposes, not for analysis and research. If laws are amended accordingly, the KSA can provide a solid factual basis for prioritising supervision and enforcement and advising policy development.
Besides these two pressing issues, Ksa identified two other concerns:

The Central Register of Exclusions from Gaming (Cruks) can choose to involuntarily terminate a player's gaming registration (at the request of a close family member, such as a relative or a gaming operator). This option is currently rarely used: the number of involuntary registrations is so low that it cannot realistically be assumed to have any effect in combating gambling addiction. The Ksa found the procedure too complicated and the period of involuntary termination (6 months) too short.

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