KSA escalates fight against illegal gambling ads

The Dutch Gambling Authority, known as Kansspelautoriteit (KSA), has declared a major intensification of its actions aimed at stopping the digital advertising of gambling operators that lack official licensing. This decision comes in the wake of persistent violations by online magazines, news portals, and affiliated marketing agencies, despite repeated warnings and outreach from the regulator.

The KSA, which oversees the legality and compliance of gambling activities in the Dutch market, has reiterated that the promotion of unlicensed platforms—particularly those that bypass the national self-exclusion register (Cruks)—is not only unlawful but poses serious harm to vulnerable individuals. The regulator is now moving to adopt a more aggressive, multi-layered strategy to suppress this illegal activity and ensure adherence to the country's strict gambling legislation.

The scope of the problem: Continued illegal advertising despite warnings

The KSA first launched a targeted investigation into the promotion of illegal gambling services in 2023, focusing specifically on content published in online magazines and digital newspapers. The six-month review uncovered a substantial number of cases in which unlicensed gambling platforms were advertised to Dutch readers, often without any reference to Cruks or local regulatory compliance.

Cruks, or Centraal Register Uitsluiting Kansspelen, is a self-exclusion system designed to help individuals struggling with gambling addiction by preventing them from accessing Dutch-licensed gambling services. Operators licensed in the Netherlands are legally obliged to consult Cruks before allowing player access. Platforms that are not registered with the Dutch regulator—and that fail to implement such safeguards—are considered to be acting in violation of the law.

According to the KSA, the ongoing promotion of such unregulated operators, especially those not adhering to Cruks obligations, significantly undermines the Dutch government's responsible gambling framework.

“Active promotion targeting this vulnerable group is therefore extremely harmful,” the regulator stated, underscoring the moral and legal implications of such conduct.

Marketing agencies under scrutiny: A new front in enforcement

While the KSA had previously issued warnings and notices to the publishers involved, the latest update reveals a critical shift in strategy. The authority will now also turn its attention toward the advertising agencies that facilitate or financially benefit from these illegal promotions.

In a marked escalation, the KSA intends to identify and report these agencies to relevant oversight bodies, including the Netherlands Authority for Consumers and Markets (ACM) and the Dutch Advertising Code Foundation (Stichting Reclame Code, SRC). These supervisory institutions are empowered to enforce advertising rules across various sectors and may impose sanctions where applicable.

This pivot indicates a deeper recognition by the KSA of the complexity and commercial incentive structures that underlie illicit gambling promotions. Instead of focusing solely on publishers, the regulator is now addressing the entire advertising supply chain that enables the circulation of such content.

Potential fines and legal enforcement

The KSA’s announcement makes clear that it will not hesitate to impose financial penalties where violations persist. While initial enforcement measures have included cease-and-desist letters and formal consultations, repeat offenders may now face monetary sanctions.

“Where we have already been in contact with the parties involved, we are now moving toward direct enforcement,” a KSA spokesperson said. “This includes referring cases to supervisory agencies and issuing fines where appropriate.”

Penalties are assessed according to the seriousness, recurrence, and overall effect of the violations, and may amount to substantial financial figures. In a related enforcement action, the KSA recently imposed recurring weekly fines of €75,000 on SBM Holding Group, Sun Block Media Labs 2.0, and JEF Holdings. These companies were found to be continuously advertising unlicensed gambling operators in defiance of Dutch regulations.

The fines will continue to accrue weekly until the violations cease, sending a strong message that ongoing non-compliance will result in mounting financial consequences.

Industry dialogue and guidance

Beyond enforcement, the KSA is also seeking to engage the broader media and advertising industry to ensure clear understanding of legal expectations. The regulator has announced plans to consult with trade associations, digital publishers, and media companies to reiterate the boundaries of lawful advertising in the gambling sector.

These consultations are expected to focus on the following core principles:

• Advertising of gambling services must be limited to operators with a valid Dutch license.
• All promotional content must comply with local responsible gambling requirements, including reference to Cruks.
• Marketing agencies must conduct due diligence before accepting assignments involving gambling-related content.

The KSA's outreach is intended to be both a reminder and a deterrent—emphasizing that ignorance of the law does not absolve actors from liability.

Broader regulatory context: The Netherlands' evolving gambling landscape

Since the legalization of online gambling in the Netherlands in October 2021 under the Remote Gambling Act (Wet Kansspelen op afstand), the KSA has taken a firm approach to regulation. The law established a licensing regime designed to protect consumers, prevent gambling addiction, and combat illegal offerings.

Part of that framework includes tight advertising rules. For example, from July 2023 onward, untargeted advertising for online gambling has been banned, including on TV, radio, newspapers, and public spaces. This move followed public concern about the proliferation of gambling ads and their potential influence on young and vulnerable individuals.

The recent developments reflect the KSA’s ongoing efforts to align the country’s gambling advertising environment with both public interest and legal requirements.

International relevance and jurisdictional complexity

Although the KSA's enforcement powers are primarily domestic, the international nature of digital advertising complicates enforcement. Many illegal operators are based offshore and use intermediaries in other jurisdictions to target Dutch audiences. The regulator has acknowledged these challenges but has nonetheless reiterated its commitment to combatting cross-border violations where possible.

The new approach of holding marketing intermediaries accountable is partly an attempt to close these loopholes. By targeting agencies and facilitators that operate within or serve the Dutch market, the KSA aims to disrupt the ecosystem supporting illegal gambling promotions.

Looking ahead: A warning to the industry

The KSA’s current posture sends an unequivocal message to the Dutch advertising and media industry: participation in the promotion of illegal gambling operators, whether direct or indirect, will not be tolerated.

This includes not only content publishers but also marketers, affiliates, content creators, and other service providers that enable or benefit from such promotions. The KSA’s expanded oversight is a reminder that regulatory compliance is a collective responsibility, particularly when vulnerable consumers are at risk.

The authority has also reiterated its intent to pursue legal remedies where necessary and is encouraging whistleblowers and the public to report suspected violations through its official channels.

In the context of a broader European trend toward stricter gambling regulation, the Netherlands stands out as a jurisdiction prioritizing consumer safety over industry expansion. With increased public scrutiny and an assertive regulatory framework, illegal gambling advertising in the Netherlands is set to face mounting legal and financial pressure.

Conclusion

The Kansspelautoriteit's decision to intensify its crackdown on illegal gambling advertising marks a decisive moment in the Netherlands' regulatory landscape. Faced with persistent violations and the growing influence of unlicensed operators, the regulator is now expanding its enforcement scope to hold not just publishers, but also marketing agencies and intermediaries accountable. This shift reflects a broader commitment to safeguarding vulnerable individuals and upholding the integrity of the Dutch gambling market.

By engaging supervisory bodies and trade associations, the KSA is reinforcing a clear message: the promotion of unlicensed gambling platforms, particularly those circumventing responsible gambling tools like Cruks, will not be tolerated. Through a combination of enforcement, consultation, and financial penalties, the regulator aims to dismantle the ecosystem enabling illegal gambling advertising and protect consumers from harm.

As the Dutch regulatory environment continues to evolve, all stakeholders in the media, marketing, and gambling industries must remain vigilant and ensure full compliance with national laws. The KSA’s enhanced approach signals a long-term strategy rooted in consumer protection, legal accountability, and the responsible development of the gambling sector.

FAQs

What is the KSA and what does it do?
The Kansspelautoriteit (KSA) is the Dutch Gambling Authority, responsible for regulating games of chance in the Netherlands, including licensing and enforcement.

What is Cruks and how does it protect consumers?
Cruks is the Netherlands’ central self-exclusion register that allows individuals with gambling issues to voluntarily block access to Dutch-licensed gambling services.

Why is the KSA targeting marketing agencies?
Marketing agencies that help promote illegal gambling operators can be held responsible for facilitating illegal activity and are now subject to regulatory scrutiny and potential sanctions.

What are the consequences for promoting illegal gambling?
Entities found to be promoting unlicensed gambling operators may face warnings, referral to oversight bodies, or fines depending on the severity and frequency of violations.

What makes a gambling operator illegal in the Netherlands?
Any operator that offers gambling services to Dutch consumers without a valid license from the KSA is considered illegal.

Can international companies be fined by the KSA?
While jurisdiction is a challenge, the KSA can issue fines and pursue enforcement against foreign entities that target Dutch consumers in violation of national laws.

What recent fines has the KSA imposed?
The KSA recently fined SBM Holding Group, Sun Block Media Labs 2.0, and JEF Holdings €75,000 per week until they cease illegal advertising.

Is all gambling advertising banned in the Netherlands?
No, only advertising by unlicensed operators or untargeted advertising (such as on TV or public spaces) is banned; licensed operators must follow strict guidelines.

How can the public report illegal gambling ads?
Consumers can report suspected illegal gambling advertising directly to the KSA through its official website or contact channels.

Will the KSA's new approach affect legitimate advertisers?
Legitimate advertisers that promote only licensed operators and follow advertising guidelines are unlikely to be affected, but due diligence is advised.