KSA clarifies duty of care rules for Dutch online gambling operators

The Kansspelautoriteit (KSA), the official gambling regulator in the Netherlands, has published two detailed studies alongside updated guidance aimed at strengthening how licensed online gambling operators meet their duty of care obligations. The initiative reflects an ongoing regulatory effort to ensure that player protection measures are applied consistently and effectively across the market.

The materials provide practical clarification on key compliance areas, including the use of personal interventions and the process for notifying authorities regarding player registration in the Central Register for Exclusion from Gambling, known as Cruks. While the guidance does not introduce new legal requirements, it seeks to harmonise interpretation and improve execution of existing obligations.

The KSA’s approach is based on research conducted throughout 2025, followed by structured engagement with license holders. A roundtable session held in December 2025 allowed operators to share operational challenges and practical insights. These findings have now been translated into regulatory guidance designed to address inconsistencies and remove ambiguity.

Research background and industry consultation

The KSA’s studies examined how operators currently implement their duty of care responsibilities in real-world conditions. Particular focus was placed on identifying differences in interpretation, operational bottlenecks and areas where additional clarity could improve compliance outcomes.

During the December 2025 consultation process, license holders highlighted several recurring challenges. These included difficulties in engaging players suspected of problematic behaviour, uncertainty regarding reporting thresholds and operational limitations when verifying player actions.

The regulator’s decision to publish guidance based on this feedback indicates a collaborative approach. By incorporating industry input, the KSA aims to create a more practical regulatory framework while maintaining its supervisory role.

Personal intervention as a regulatory tool

Understanding the role of personal interviews

One of the most significant elements addressed in the guidance is the requirement for personal intervention, often referred to as a personal interview. This measure is considered a serious step and is typically initiated when there are credible indications of excessive gambling behaviour or potential addiction.

The KSA emphasises that such interventions must be handled with care and professionalism. Operators are expected to engage with players in a manner that is both respectful and effective, balancing regulatory obligations with sensitivity to individual circumstances.

Challenges in implementation

Research findings show that operators currently adopt varied approaches when conducting personal interventions. One commonly reported issue is the low response rate from players, which can limit the effectiveness of outreach efforts.

Additional challenges include determining the appropriate timing for intervention, selecting the most suitable communication channel and structuring the conversation in a meaningful way. These factors can significantly influence the outcome of the engagement.

Guidance on best practices

The updated guidance provides practical direction on how to approach personal interventions. It outlines considerations such as when to initiate contact, whether to use phone or written communication and how to frame the discussion.

Importantly, the KSA allows room for professional judgment. Operators are not required to follow a rigid script but are expected to apply the guidance in a way that aligns with the specific circumstances of each case.

Reporting obligations and Cruks registration

Advising players to self-exclude

Under existing regulations, operators must advise players to register with Cruks when there are strong indications of problematic gambling behaviour. This step is intended to provide a formal mechanism for self-exclusion across all licensed gambling platforms in the Netherlands!

If a player accepts the recommendation, they are added to the exclusion register and prevented from accessing legal gambling services.

Notification requirements for non-compliance

When a player does not follow the advice to register, the operator is required to submit a notification to the KSA. This notification signals that there may be a heightened risk of harm and enables the regulator to assess whether further action is necessary.

In certain cases, the KSA has the authority to proceed with involuntary registration in Cruks. This is considered a protective measure and is applied based on regulatory assessment rather than operator discretion.

Practical difficulties identified

The KSA’s research highlights several practical challenges associated with this process. Operators have reported difficulty in verifying whether a player has completed the registration process. Additionally, uncertainty remains regarding the exact threshold at which a notification must be submitted.

These issues can lead to inconsistent reporting practices, which may undermine the effectiveness of the system.

Clarification provided in new guidance

The newly issued guidance addresses these concerns by offering clearer instructions on timing and documentation. It specifies when a notification should be filed and what information must be included to support regulatory review.

By standardising these elements, the KSA aims to improve transparency and ensure that all operators meet the same baseline expectations.

No new rules but clearer expectations

A key aspect of the KSA’s communication is that the guidance does not introduce new legal obligations. Instead, it provides additional explanation and context for existing requirements under Dutch gambling law.

This distinction is important from a compliance perspective. Operators are not required to overhaul their systems but are expected to align their practices more closely with the clarified expectations.

The guidance therefore functions as an interpretative tool, helping license holders understand how to apply regulatory principles in practical scenarios.

Strengthening player protection through consistency

The broader objective of the KSA’s initiative is to enhance player protection by promoting consistent implementation of duty of care measures. Variations in operator practices can create gaps in protection, particularly for vulnerable players.

By addressing inconsistencies and offering practical direction, the regulator seeks to ensure that all players receive a comparable level of protection regardless of the platform they use.

This approach aligns with wider European regulatory trends, where authorities increasingly focus on proactive intervention and harm prevention rather than reactive enforcement.

Legal and compliance implications for operators

From a legal standpoint, the updated guidance reinforces the importance of demonstrable compliance. Operators must be able to show that they have taken appropriate steps in line with regulatory expectations.

Failure to adhere to duty of care obligations may expose operators to supervisory action, depending on the circumstances. However, the KSA’s emphasis on clarity suggests a preference for guidance and alignment rather than immediate enforcement escalation.

Operators are therefore encouraged to review their internal processes, training programmes and documentation practices to ensure consistency with the published guidance.

Conclusion

The Kansspelautoriteit’s latest guidance represents a measured and structured effort to improve the practical application of duty of care obligations within the Dutch online gambling sector. By focusing on real-world challenges identified through research and industry consultation, the regulator has provided a clearer framework for operators without imposing additional regulatory burden.

The emphasis on personal intervention and structured reporting highlights the growing importance of proactive player protection. At the same time, the flexibility afforded to operators ensures that professional judgment remains a central component of compliance.

Ultimately, the success of these measures will depend on consistent implementation and ongoing dialogue between the regulator and the industry. As the market continues to evolve, such collaborative approaches may play a critical role in maintaining both regulatory integrity and player trust.

FAQs

What is the Kansspelautoriteit and what does it regulate?
The Kansspelautoriteit is the official gambling authority in the Netherlands responsible for supervising and regulating legal gambling activities.

What is meant by duty of care in online gambling?
Duty of care refers to the obligation of operators to monitor player behaviour and take action to prevent harmful gambling practices.

What is Cruks and how does it work?
Cruks is a central exclusion register that allows players to block themselves from accessing licensed gambling platforms in the Netherlands.

When must an operator advise a player to register with Cruks?
Operators must provide this advice when there are clear signs of problematic gambling behaviour or potential addiction.

What happens if a player refuses to register with Cruks?
If the player does not comply, the operator must notify the regulator, which may decide on further action including involuntary registration.

Are the new KSA guidelines legally binding?
The guidelines do not introduce new laws but clarify how existing obligations should be interpreted and applied.

Why are personal interviews required in some cases?
Personal interviews are used as a direct intervention when there is a serious concern about a player’s gambling behaviour.

What challenges do operators face in implementing these measures?
Common challenges include low response rates from players and uncertainty about reporting requirements.

Can the KSA force a player into the exclusion register?
Yes, under certain conditions the regulator can decide to register a player in Cruks without their consent.

How do the guidelines benefit the gambling industry?
They provide clearer expectations, reduce ambiguity and support consistent compliance across operators.