TOTO Online B.V. sent general commercial information between 1 October 2021 (opening up of the online gambling market) and 31 January 2022 to players with a TOTO account, who themselves have a licence. The information is not specifically aimed at young adults (18 to 23 years old), but is reached within these four months. The Gambling Authority (Kansspelautoriteit (Ksa) believes that sending commercial messages to young people violates the Gambling Act. TOTO's interpretation of laws and regulations for this is different from that of the Ksa, otherwise TOTO excludes young people completely from the start. TOTO regrets this because TOTO stands for responsible gaming and protection of vulnerable target groups. TOTO has been fined €400,000 by the Ksa for this.
TOTO's approach goes beyond gambling laws
When the online gambling market opens on 1 October 2021, there will be a lack of clarity on how exactly the new laws and regulations will be implemented in this new market. TOTO is doing its best to comply with strict laws and regulations and is even taking far-reaching measures beyond the legal requirements. For instance, TOTO's Young has a mandatory maximum loss limit of €400 per month and players cannot play with credit cards. TOTO took these measures when the market opened up. TOTO also took the initiative to formulate strict industry-wide advertising codes, including an explicit ban on communication with young people.
As regulator of gambling markets, it is good that Ksa is responding to signals and providing clarity to all online gaming for gambling providers. From 1 February 2022, TOTO voluntarily aligned its policy with Ksa's interpretation. TOTO therefore respects Ksa's decision and fines.