Dutch gambling authority penalises unnamed operator for M&A violation

Regulation

The Dutch Gaming Authority (Ksa) has imposed a penalty payment order on one of its licensees for incompletely providing requested information. For gambling providers with a license for the Dutch market, the reliability must be beyond doubt and they must provide information to the supervisory authority.

The provider in question was recently taken over by an international party. This takeover also changes the management of the company. Licensees must inform the Ksa of changes in the management or of other persons who help determine the company’s policy. Integrity is tested following such a change. This involves looking at antecedents, such as (previous) positions with companies that offer illegal games of chance or other relevant violations or criminal activities.

After reporting the takeover, the Ksa requested information from the provider on several occasions, but received it incompletely. Because the Ksa cannot now carry out the reliability test, the provider is therefore in violation.

The provider is given twenty working days to still provide the information. For each day that this violation continues after this period, the provider must pay 25,000 euros, with a maximum of 250,000 euros. As soon as the correct information has been provided in full, the violation will stop.
The Ksa emphasises that the integrity of providers has a high priority and that it is the provider’s responsibility to demonstrate this reliability with the correct information. If an investigation by the Ksa shows that the reliability of a director is not beyond doubt, or if providers do not provide the correct information, the Ksa can take enforcement action.

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