The latest information provided by the Kansspelautoriteit does not indicate a completely new ban. Rather, it describes in more practical terms how licensed online operators should comply with the restrictions that have existed since the ban on untargeted remote-gambling advertisements came into effect in July 2023. According to the regulator, the idea is to ensure that gambling ads do not target vulnerable groups. That should be a consideration for campaign design, platform choice, measurement, and record-keeping.
The new guidance suggests that online ads are still possible, but only under certain strict conditions. Operators must provide users a real opportunity to refuse advertisements, apply the best available measures, and be able to prove that at least 95% of the individuals reached are 24 years or older. KSA further adds that 95% is the minimum legal requirement. The preferred outcome is keeping the campaign completely away from younger audiences.
Why Platform Choice Now Matters More
One of the most significant messages in the guidance is that the operator’s responsibility remains in place even when advertising via third parties or major digital platforms. If the license holder cannot prove that there’s sufficient control provided by the platform, or if the audience profile of the platform poses too great a risk, then the regulator’s position is that the campaign shouldn’t take place at all. According to the guidance, not advertising on a platform may be the only option for compliance in some cases.
The Dutch market has already seen compliance issues in recent times. In late February, the KSA announced that TonyBet and Betcity were involved in incidents where marketing activity became visible to vulnerable groups. Also, Kansino was reprimanded for advertising within mobile game apps, which are not allowed for advertising in the first place. These incidents suggest that ad compliance remains an active enforcement priority.
What This Means for the Market
The commercial impact of this development is probably going to be felt more in execution than in policy terms. Campaigns need to have more precise targeting data, clearer audit trails, and faster internal controls. Failure to demonstrate compliance can result in having to stop advertising on that channel until the operator can meet that standard.
So, gambling advertising in the Netherlands is becoming an evidence-based compliance process rather than a creative or media buying process. That’s likely to raise the operational cost of marketing. From the regulator’s perspective, however, this guidance creates a clearer line between what’s acceptable in digital advertising versus what’s risky to tolerate.
