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KSA clarifies rules for untargeted ad ban

| By Zak Thomas-Akoo
The Netherland's regulator de Kansspelautoriteit (KSA) has clarified what the rules will be for the upcoming 1 July untargeted advertising ban.
Netherlands tax

KSA said that the Netherland’s ad ban will “better protect” vulnerable groups and young people against the risk of gambling addiction.

The regulator added that it intends to monitor compliance with the new rules. It said it had already informed licence holders about the new regulations.   

According to the new rules, recruitment and advertising activities are not to reach minors, young adults or other vulnerable groups in any way. This means that KSA will prohibit gambling businesses from advertising using mass-media platforms. These include television, radio, newspapers or magazines.

The regulator said it will not allow advertising in public places, for example using billboards or bus shelters. KSA added that it will also not be permitted to advertise in buildings accessible to the public, up to and including gaming venues themselves like casinos and slot machine arcades.

Netherlands untargeted gambling ad ban

However, the regulator is to allow so-called “targeted advertising” via the internet, direct mail, on-demand TV, social media or via an online gambling platform to take place “under certain conditions”.

Permit holders have a “best efforts obligation” to take measures to ensure that vulnerable groups do not view the ads. KSA outlined that there will be a “result obligation” to ensure that 95% of those reached must be 24 or older. The new regulations require operators to demonstrate that they are in compliance with this.

Those who received or view the ads must have an opt-out option to indicate that they no longer wish to receive the advertising.

KSA expect operators to monitor the reach of their ads. The regulator can seek a report from an operator on request.

“The KSA has indicated to providers that advertising on the games of chance interface of providers does not fall under the advertising ban, because this concerns a form of targeted advertising to visitors to the website,” said the regulator. “In addition, it is still not allowed to target bonuses at vulnerable groups, including young adult players.”

The new rules will also limit sponsorship as a form of “untargeted advertising”.

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