The Kansspelautoriteit (KSA), the Dutch Gambling Authority, has imposed a fine of €6,794,000 ($7,165,020) on operator GoldWin Limited for offering illegal games of chance to Netherlands players via the westcasino.com website.
The offering constituted a violation of the Dutch Gambling Act because GoldWin does not have a license issued by the KSA. The fine amount was determined on the basis of a percentage of the estimated turnover for GoldWin from Dutch players.
When investigating the westcasino.com website, inspectors from the KSA were able to create an account, log in, and participate in online gambling. No technical measures, such as IP blockade, had been taken to prevent participants from the Netherlands, the Authority notes. The age of participating players was also not visibly verified.
In January 2023, GoldWin received a first warning to stop the illegal gambling offering. However, the KSA remarks that GoldWin did not respond to its communications at the time. When an attempt was made to log in with an account that could be recognized as a KSA inspector, gambling was not possible – however, the website could still be visited in the Netherlands with other accounts.
On April 20, 2023, GoldWin faced an order subject to penalty with the requirement to immediately cease the illegal offering. The operator met the demand. However, gambling firms that receive a cease and desist order may still be fined for the violation that occurred before the order was imposed, which is the case here.
René Jansen, Chairman of the KSA: “We can often quickly put a stop to illegal supply with an order subject to a penalty. This does not mean that previously committed illegal activities disappear from view: they can still be punished.”
Earlier this week, the Authority handed out a €900,000 ($950,130) fine to MKC Limited, operator of the betworld247.com platform, for also offering games of chance without a proper license. As was the case with GoldWin, KSA’s investigation found that there were “no technical measures” to prevent Dutch customers from betting on the site.
The Dutch gambling market has been regulated by the Dutch Gambling Act Act since October 2021. Over the 24 months since that date, the betting market has grown from 10 license holders to 27, and latest figures indicate rapid growth.