The Netherlands_Bill_Betting and Gaming Act_remote games of chance

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“This is a translated document. The Dutch version of the document is the only applicable and
authentic version"

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Amendment to the Betting and Gaming Act, the Betting and Gaming Tax Act and
several other acts in connection with organising remote games of chance
We Willem-Alexander, by the grace of God, King of the Netherlands, Prince of Orange-
Nassau, etc. etc. etc.
Greetings to all who shall see or hear these presents! Be it known:
Whereas We have considered that it is desirable to come to an arrangement for organising
remote games of chance;
We, therefore, having heard the Advisory Division of the Council of State, and in consultation
with the States General, have approved and decreed as We hereby approve and decree:
ARTICLE I
The Betting and Gaming Act is amended as follows:
A
Article 1 is amended as follows:
1. In the first paragraph, under (b), “provide resources for this purpose” is inserted after
“promote”. 2. The following two paragraphs are added:
3. Further rules may be laid down by order of Our Minister of Security and Justice with
regard to providing the opportunity as referred to in the first paragraph, under (a).
4. The prohibition referred to in the first paragraph, under (c), does not apply to the officials
and persons referred to in Article 34(1) in the lawful exercise of the powers referred to in
Article 34c.
B
In Article 1a(1), “and poker” is added after “pyramid scheme”.
C
Article 5 will read as follows:
Article 5
1. A licence as referred to in Article 3 may be granted subject to a restriction connected with
the nature of the games of chance to be organised. Conditions may be attached to a licence as
referred to in Articles 3 and 4. The restrictions and conditions may be changed.
2. In any case, a licence may be withdrawn if a condition attached to the licence or a
restriction under which the licence was granted, has been violated.
3. By or pursuant to a General Administrative Order, further rules may be laid down with
regard to the granting and withdrawal of a licence as referred to in Article 3 and rules may be
laid down with regard to the manner in which and the means with which winners are
designated during occasions for which a licence was granted pursuant to Articles 3 and 4.
D
Article 6 will read as follows
Article 6
In accordance with rules laid down by Our Minister of Security and Justice, a fee is charged
for the processing of an application for a licence as referred to in Articles 3, 4, 9, 14b, 16, 24,
27b and 27h. If this fee is not paid, the application will not be handled. Article 4:5(4) of the
General Administrative Law Act does not apply.
E

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The following article is inserted after Article 6:
Article 6a
1. The holder of a licence as referred to in Articles 3, 4, 9, 14b, 16, 24, 27b and 27h owes Our
Minister of Security and Justice a one-off or periodic amount in accordance with rules laid
down by order of Our Minister of Security and Justice with regard to the use of this licence.
2. The amount referred to in the first paragraph may be collected by writ of execution.3. By or
pursuant to a General Administrative Order, rules may be laid down with regard to the
collection of this amount.
F
Article 27j is amended as follows:
1. The first paragraph will read as follows:
1. Without prejudice to the provisions laid down by or pursuant to Article 4a, the holder of a
licence for organising a casino will refuse access to the gaming casino to any person:
a. who has not yet reached the age of eighteen;
b. whose details have been included in the register referred to in Article 33h;
c. whom he should reasonably expect to cause damage to himself or to others due to excessive
participation in games of chance or due to gambling addiction.
2. The following paragraph is added:
respect to the first paragraph.
G
The following article is inserted after Article 27j:
Article 27ja
licence for organising a gaming casino will systematically register and analyse data with
respect to a player's gaming behaviour. In doing so, he may process special personal data
insofar as this is necessary in order to prevent excessive participation in games of chance or
gambling addiction.
2. In case of a reasonable suspicion of excessive participation in games of chance or gambling
addiction, the licence holder will assess the player's behaviour during a personal . interview
with this player.
3. The licence holder who, after the assessment referred to in the second paragraph, should
reasonably suspect that the player may cause damage to himself or to others due to excessive
participation in games of chance or due to gambling addiction , will recommend that this
player be temporarily excluded from participating in games of chance organised in gaming
casinos as referred to in Article 27g(2), in establishments as referred to in Article 30c(1),
under (b), and remote games of chance as referred to in Article 31, by means of a registration
in the register referred to in Article 33h.
4. The licence holder will notify the board referred to in Article 33a if the player referred to in
the third paragraph fails to register in the register referred to in that paragraph. In doing so, he
may use the citizen service number referred to in Article 1, under (b), of the Citizen Service
Number (General Provisions) Act.
5. By or pursuant to a General Administrative Order, further rules are laid down with regard
to the preceding paragraphs. In any case, these relate to:
a. the registration and analysis referred to in the first paragraph;

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b. the processing of personal data, the guarantees for lawful processing of personal data and
the citizen service number, the appropriate technical and organisational measures to protect
personal data and the citizen service number against any loss or unlawful processing and the
supervision thereof;
c. the assessment and the recommendation referred to in the second and third paragraphs;
d. the notification referred to in the fourth paragraph, and the data to be provided by the
licence holder.
H
Article 30i is amended as follows:
1. In the second paragraph, under (a), “and the collection of these costs related to this
supervision” is added after “the provisions laid down by or pursuant to this Title”.
3. The costs referred to in the second paragraph, under (a), may be collected by writ of
execution.
I
The following two sentences are added to Article 30o(4): In doing so, rules may be laid down
with regard to the collection of these costs. These costs may be collected by writ of execution.
J
The heading of Title VA, paragraph 5, will read as follows:
§ 5. Other mandatory and prohibitory provisions
K
Article 30u is amended as follows:
licence for having one or more gaming machines present in an establishment as referred to in
Article 30c(1), under (b), will refuse access to this establishment to any person:
a. who has not yet reached the age of eighteen;
b. whose details have been included in the register referred to in Article 33h;
c. whom he should reasonably expect to cause damage to himself or to others due to excessive
participation in games of chance or due to gambling addiction.
2. In the third paragraph, “ByGeneral Administrative Order” is replaced by “By or pursuant to
a General Administrative Order”, and “operator” is replaced by “licence holder”.
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The following article is inserted after Article 30u:
Article 30v
licence for having one or more gaming machines present in an establishment as referred to in
Article 30c(1), under (b), will systematically register and analyse data with respect to a
player's gaming behaviour. In doing so, he may process special personal data insofar as this is
necessary in order to prevent excessive participation in games of chance or gambling
addiction.
addictionaddiction, the licence holder will assess the player's behaviour during a personal
interview with this player.

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participation in games of chance or due to gambling addiction, will recommend that this
personal data and the citizen service number against loss or unlawful processing and the
licence holder.
M
The following Title is inserted after Article 30aa:
TITLE Vb. REMOTE GAMES OF CHANCE
Part 1. Introductory provisions
Article 31 (general)
1. A remote game of chance is understood to be: an opportunity as referred to in Article(1),
under (a), which is provided at a distance using electronic means of communication and in
which a person participates without having any physical contact with the person providing
this opportunity or providing space and resources for participating in these games of chance.
2. A licence for organising remote games of chance, other than offering betting slips in the
games of chance - designated by or pursuant to a General Administrative Order - for which a
licence was granted under a title other than this title, may only be granted in accordance with
the provisions of this title.
Part 2. The licence for organising remote games of chance
Article 31a (restrictions, conditions, period of validity, transferability)
1. The board referred to in Article 33a may grant a licence for organising remote games of
chance.
2. The licence for organising remote games of chance is granted for a definite period of time.
3. The licence for organising remote games of chance may be granted under a restriction
connected with the nature of the games of chance to be organised. Conditions may be attached
to the licence in the interest of a sound, reliable and verifiable organisation of these games of

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chance. The restrictions and conditions may be changed.
4. By or pursuant to a General Administrative Order, rules are laid down with regard to the
licence for organising remote games of chance. In any case, these rules relate to:
a. the games of chance that may be organised under a licence for organising remote games of
chance, whereby the rules and other features of these games may be given;
b. the period of validity of the licence;
c. the restrictions under which the licence may be granted, and
d. the transfer of the licence.
Article 31b (decision period)
By or pursuant to a General Administrative Order, rules are laid down with regard to the
period within which a decision is made on the application for the licence for organising
remote games of chance, and rules may be laid down with regard to the filing and processing
of the application.
Article 31c (refusal)
1. In any case, the application for the granting and changing of a licence for organising remote
games of chance is rejected if it is insufficiently guaranteed:
a. that the applicant and his company will meet the provisions laid down by or pursuant to this
act;
b. that the remote games of chance will be organised in accordance with the provisions laid
down by or pursuant to this act, the Anti-Money Laundering and Anti-Terrorist Financing
Act and the Sanctions Act 1977;
c. that the supervision of compliance with and enforcement of this act, the Anti-Money
Laundering and Anti-Terrorist Financing Act and the Sanctions Act 1977 can be carried out
efficiently and effectively.
2. By or pursuant to a General Administrative Ordercouncil, further rules are laid down with
regard to the application of the first paragraph and further rules may be laid down with respect
to the other grounds on which the application may be rejected.
Article 31d (withdrawal and suspension)
1. In any case, the licence for organising remote games of chance may be withdrawn, if:
a. the data provided for the purpose of obtaining the licence proved to be incorrect or
incomplete to such an extent that a different decision would have been made on the
application if the correct and complete data would have been known when assessing the
application;
b. the rules laid down by or pursuant to this act, the Anti-Money Laundering and Anti-
Terrorist Financing Act, the Sanctions Act 1977 and the Betting and Gaming Tax Act are not
or no longer complied with;
c. a condition attached to the licence or a restriction under which the licence was granted has
been violated;
d. insufficient cooperation has been rendered in the supervision of compliance with and
enforcement of the provisions laid down by or pursuant to this act, the Money Laundering and
Terrorist Financing (Prevention) Act, the Sanctions Act 1977 and the Betting and Gaming
Tax Act.
2. The licence for organising remote games of chance may be suspended based on serious
suspicions that there is a reason to withdraw the licence.
to the suspension of the application and further rules may be laid down with respect to the
withdrawal of the licence.

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Article 31e (processing charges)
In accordance with rules laid down by Our Minister of Security and Justice, a fee is charged
for the processing of an application for a licence for organising remote games of chance. If
this fee is not paid, the application will not be handled. Article 4:5(4) of the General
Administrative Law Act does not apply.
Article 31f (exploitation fee)
1. The holder of a licence for organising remote games of chance owes Our Minister of
Security and Justice a one-off or periodic payment in accordance with rules laid down by
order of Our Minister of Security and Justice with regard to the use of this licence.
2. The amount referred to in the first paragraph may be collected by writ of execution.
3. By or pursuant to a General Administrative Order, rules may be laid down with regard to
the collection of this amount.
Article 31g (contribution to charities)
The holder of a licence for organising remote games of chance will make, in accordance with
rules laid down by order of Our Minister of Security and Justice, a periodic contribution to the
costs of one or more public benefit organisations active in the area of sports, culture, social
welfare or public health.
Part 3. The holder of a licence for organising remote games of chance
Article 31h (legal form, transparency, soundness)
1. The holder of a licence for organising remote games of chance will have its registered
office, its management board or its principal establishment in:
a. a state that is party to the Treaty on the Functioning of the European Union or the
Agreement on the European Economic Area, or
b. a state to be designated by Our Minister of Security and Justice where supervision is carried
out over this licence holder which offers sufficient guarantees with respect to the interests this
act seeks to protect.
2. The licence holder has the legal form of a public limited company, a private limited
liability company, the equivalent thereof under the law of another state as referred to in the
first paragraph, a European company, or a legal form designated by order of Our Minister of
Security and Justice under the law of a state as referred to in the first paragraph, under (b).
3. The licence holder is not affiliated with persons in a formal or actual control structure that,
under the law of another state that applies to these persons or due to the obscurity of this
structure, could affect the efficient and effective supervision of compliance with the
provisions laid down by or pursuant to this act, the Money Laundering and Terrorist
Financing (Protection) Act or the Sanctions Act 1977.
4. The continuity of the licence holder is reasonably guaranteed.
regard to the licence holder. In any case, these rules relate to the designation of states as
referred to in the first paragraph, under (b), and the continuity referred to in the fourth
paragraph.
Article 31i (operational management)
1. The holder of a licence for organising remote games of chance will set up its operational
management such that a sound, reliable and verifiable organisation of the remote games of
chance, as well as the supervision of compliance with and enforcement of the provisions laid

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down by or pursuant to this act, the Anti-Money Laundering and Anti-Terrorist Financing Act
and the Sanctions Act 1977 are guaranteed.
2. For this purpose, the licence holder will, in any case, use appropriate means, processes and
procedures that:
a. meet the technical and operational requirements set by or pursuant to a General
Administrative Order and relating to the safety, confidentiality, honesty, continuity,
reliability, verifiability and suitability of the operational management, and
b. have been inspected by an institution accredited by the Dutch Accreditation Council or by
another national accreditation body as referred to in Article 4 of Regulation 765/2008 setting
out the requirements for accreditation and market surveillance relating to the marketing of
products and repealing Regulation (EEC) No. 339/93 (OJEU L 21).
3. In any case, the licence holder will, on a direction issued for this purpose by the board
referred to in Article 33a and within the period set in this direction, have all or part of the
means, processes and procedures subject to an inspection by an institution as referred to in the
second paragraph, under (b).
4. The licence holder will appoint one or more officers who are experts on the matter and who
are responsible and available within its organisation for the implementation of and internal
supervision of compliance with provisions set by or pursuant to this act.
to the operational management of the licence holder and the inspection of the means,
processes and procedures. In any case, rules are laid down with regard to:
a. the cases in which the licence holder will have all or part of the means, processes and
procedures referred to in the second paragraph subject to an inspection;
b. the cases in which the second paragraph, under (b), temporarily does not apply;
c. outsourcing operational parts to third parties;
d. performing activities other than the games of chance organised under the licence, and
e. the accounts of the games of chance organised under the licence.
Article 31j (reliability)
1. The reliability of the holder of the licence for organising remote games of chance and of the
persons wholly or partly determining its policy is beyond any doubt.
2. The licence holder pursues an adequate policy that aims to guarantee the reliability of
managers, of persons in key positions and of persons who come into contact with players
when organising the remote games of chance.
3. In any case, the reliability of the licence holder and of the persons wholly or partly
determining its policy will not be beyond any doubt in the case and under the conditions
referred to in Article 3 of the Public Administration (Probity Screening) Act.
4. Before the application for the granting of a licence for organising remote games of chance
is rejected or such licence is suspended or withdrawn, the Public Administration Probity
Screening Agency referred to in Article 8 of the Public Administration (Probity Screening)
Act may be asked for advice as referred to in Article 9 of this act.
5. By or pursuant to a General Administrative Order, further rules are laid down with respect
to the first and second paragraphs. In any case, these rules relate to the manner in which the
reliability of the licence holder and a person as referred to in the first paragraph is determined
and which facts and circumstances are included in this.
Article 31k (expertise)
1. The policy of the holder of the licence for organising remote games of chance is determined
by persons who are experts in connection with the sound, reliable and verifiable organisation
of remote games of chance.

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2. The licence holder will ensure that managers, staff in key positions and staff who come into
contact with players through organising games of chance are suitably qualified.
respect to the first and second paragraphs.
Part 4. Organising remote games of chance
Article 31l (registration and login as a player)
1. The holder of a licence for organising remote games of chance will not offer any remote
games of chance to a person who is not registered with the licence holder and logged into its
gaming environment as a player.
2. The licence holder will only register a person as a player after the identity of this person has
been established and it has been established that:
a. this person is 18 years of age or older;
b. this person is not listed in the register referred to in Article 33h, and
c. this person has set limits to his gaming behaviour.
3. The licence holder will not allow the login of a person whom he should reasonably expect
to cause damage to himself or to others due to excessive participation in games of chance or
due to gambling addiction.
to the registration and login as a player. In any case, rules are laid down with regard to:
a. establishing the identity referred to in the second paragraph;
b. the limits of the gaming behaviour referred to in the second paragraph;
c. the other conditions for registration as a player;
d. the suspension of the registration as a player, and
e. the termination of the registration as a player.
Article 31m (payments)
1. Payments between the holder of a licence for organising remote games of chance and the
player will be made in accordance with rules laid down by or pursuant to a General
Administrative Order.
2. The licence holder will provide appropriate guarantees for:
a. the safe processing of the payments referred to in the first paragraph, and
b. the separation between the credit balances of the players and other capital or the insurance
of these credit balances, and
c. the payment of the credit balances to the players.
3. For the implementation of the second paragraph, under (b), the licence holder may hold one
or more special accounts with a financial undertaking that is allowed to conduct the business
of a bank in the Netherlands under the Financial Supervision Act, which accounts are only
intended for money it retains as such in connection with its activities for the purpose of
players. In that case, Article 19, first paragraph, second and third sentence, second and third
paragraph, fourth paragraph, second and third sentence, fifth, sixth and eighth paragraph, of
the Bailiffs Act applies mutatis mutandis, on the understanding that:
a. “bailiff” each time refers to “licence holder”, and
b “third parties” each time refers to “players”.
4. By or pursuant to a General Administrative Order, further rules are laid down with respect
to the second and third paragraphs.
Article 31n (prevention)

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licence for organising remote games of chance will systematically register and analyse data
with respect to a player's gaming behaviour. In doing so, he may process special personal data
insofar as this is necessary in order to prevent excessive participation in games of chance or
gambling addiction.
addiction, the licence holder will assess the player's behaviour during a personal interview
with this player.
participation in games of chance or due to gambling addiction, , will recommend that this
personal data and the citizen service number against loss or unlawful processing and the
licence holder.
Article 31o (general delegation basis)
By or pursuant to a General Administrative Order, further rules may be laid down with regard
to organising remote games of chance.
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Article 33b is amended as follows:
1. The word “providing” is replaced by “granting”.
2. The word “suspending” is added after “changing”.
3. The following is inserted after “model permits for gaming machines,”: the management of
the register referred to in Article 33h.
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The following article is inserted after Article 33d:
Article 33da (exclusion from participation in games of chance)
1. The board referred to in Article 33a may exclude a person, in case of a reasonable suspicion
that this person may cause damage to himself or to others due to excessive participation in
games of chance or due to gambling addiction, from participating in games of chance
organised in gaming casinos as referred to in Article 27g(2), in establishments as referred to
in Article 30c(1), under (b), and remote games of chance as referred to in Article 31, by
means of a registration in the register referred to in Article 33h, for the duration of six months.

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2. Upon request, the holder of a licence for organising a gaming casino, the holder of a licence
for having one or more gaming machines present in an establishment as referred to in Article
30c(1), under (b), and the holder of a licence for organising remote games of chance will
provide the board with the data and documents the board requires for the purposes of the first
paragraph.
P
Article 33e is amended as follows:
1. Under the name of levy on games of chance, the games of chance authority imposes a
purpose levy:
a. in order to cover and amounting to no more than the estimated costs incurred by the games
of chance authority in one calendar year with respect to the performance of the tasks referred
to in Article 33b, and
b. amounting to an amount determined by order of Our Minister of Security and Justice after
consultation with Our Minister of Health, Welfare and Sport as a contribution to cover the
costs of anonymous treatment of gambling addiction and of research into gambling addiction.
2. The second paragraph is amended as follows:
1. The full stop at the end of subparagraph (a) is replaced by a semicolon.
2. The following subparagraph is added to the second paragraph and the full stop at the end of
subparagraph (b) is replaced by a semicolon:
c. the person who is granted a licence under Article 31, the following being held as a basis:
1o
. the difference between the stakes received and the prizes awarded;
2o
. the revenues other than the stakes for giving the opportunity to participate in the games of
chance.
Q
Article 33f is amended as follows:
1. The semicolon at the end of the second paragraph, under (d), is replaced by a full stop.
2. The third up to and including the ninth paragraphs become the fourth up to and including
the tenth paragraphs.
3. The following paragraph is inserted after the second paragraph:
4. The rate of the levy referred to in Article 33e(2), under (c), subsections 1o
and 2o
, amounts
to 1.5% and 1.5% of the basis respectively.
5. In the fifth paragraph (new), “third paragraph” is replaced by “fourth paragraph”.
6. In the fifth paragraph (new), “sixth paragraph” is replaced by “seventh paragraph”.
6. In the tenth paragraph (new), the following is inserted after “amounts”: and the percentages
referred to in the third paragraph.
R
Article 33g(1) is amended as follows:
1. In the opening words, “health data” is inserted after “criminal record”.
2. The following subparagraph is added to the first paragraph and the full stop at the end of
subparagraph (c) is replaced by “, or”:
d. administrative cooperation with other bodies in accordance with Article 34m.
S
The following article is inserted after Article 33g:

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Article 33h (central register)
1. The board referred to in Article 33a keeps a register of persons who, under Articles 27j(2),
30u(2) or 31n(1) have been temporarily excluded from participating in games of chance
organised in an establishment as referred to in Article 30c(1), under (b), in a gaming casino as
referred to in Article 27g(2), and remote games of chance as referred to in Article 31(1).
2. The purpose of the register is to prevent participation in games of chance as referred to in
the first paragraph by persons:
a. who temporarily do not want to participate in games of chance as referred to in the first
paragraph, or
b. who may reasonably be assumed to cause damage to themselves or to others due to
excessive participation in games of chance or due to a gambling addiction.
3. The register contains data with respect to:
a. the persons included in the register;
b. the period of exclusion from participation as referred to in the first paragraph;
c. the reasons underlying the registration;
d. the origin of the data included in the register.
4. Data from the register are only provided to:
a. the holders of a licence for organising games of chance as referred to in the first paragraph,
insofar as it merely indicates whether a person has been included in the register;
this is necessary to assess whether a person who wants to participate in the games of chance
organised by the licence holder has been included in the register;
b. the officials referred to in Article 34(1), insofar as this is necessary for monitoring
compliance with this act;
c. the board referred to in Article 33a, insofar as this is necessary for the performance of its
duties under this act.
5. The citizen service number referred to in Article 1, under (b) of the Citizen Service Number
(General Provisions) Act can be used in the processing of personal data.
6. The board will delete the entry in the register:
a. after the end of the period of exclusion as referred to in the first paragraph;
b. at the request of the person registered.
The entry is not deleted
if six months have not passed since the individual was included in the register.
.
7. Once the period of exclusion has expired, data included in the register will immediately be
collected in an anonymous form and placed outside the register for policy development and
statistical purposes.
8. By or pursuant to a General Administrative Order, rules are laid down with regard to the
register and the use of the citizen service number. In any case, these rules relate to the data
referred to in the third paragraph, and the manner in which
a. personal data, including the citizen service number, are processed;
b. the personal data, including the citizen service number, are protected against loss or
unlawful processing by means of appropriate technical and organisational measures;
c. it is guaranteed that the processed personal data, including the citizen service number, are
only processed for the purpose of the prevention and treatment of gambling addiction, and
how this is supervised.
9. With respect to the management of and provisions from the register, the board referred to in
Article 33a is the party responsible within the meaning of Article 1, under (d) of the Personal
Data Protection Act.

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T
The heading § 1. Designation of supervisors is placed before Article 34.
U
The heading § 2. Powers is placed after Article 34.
V
The following eight articles are inserted after Article 34b:
Article 34c (participation in remote games of chance)
1. The officials and persons referred to in Article 34(1) have the power to participate in
remote games of chance as referred to in Article 31, providing incorrect or incomplete data
with respect to their identity, insofar as this is reasonably necessary for the performance of
their duties. In doing so, they will not induce the organiser of these games of chance to
commit any violations other than those he already intended to commit.
2. The official or person who used the power referred to in the first paragraph will draw up a
written report stating:
a. his name and his capacity;
b. the reason for using this power;
c. the provisions the compliance with which or enforcement of which is monitored;
d. the electronic address and, if known, the description of the person organising the remote
games of chance;
e. the incorrect or incomplete data provided upon participation;
f. the manner in which and the period within which participation took place;
g. all that was performed, became evident and otherwise occurred during the investigation.
Article 34d (seal)
The officials and persons referred to in Article 34(1) have the power to place seals on
business premises and objects, insofar as this is reasonably necessary for the purpose of
exercising the powers referred to in Article 5:17 of the General Administrative Law Act.
Article 34e (entry and search)
The officials and persons referred to in Article 34(1) have the power to enter and search a
house without the resident's permission, insofar as this is reasonably necessary for the purpose
of exercising the powers referred to in Article 5:17 of the General Administrative Law Act.
Article 34f
1. The entry or search referred to in Article 34e requires prior authorisation by the examining
judge of the Rotterdam District Court in charge with criminal matters. The authorisation may
be requested by way of a precautionary measure. The authorisation is presented if possible.
2. Article 171 of the Dutch Penal Code applies mutatis mutandis. The examining judge may
hear the public prosecution service before rendering a decision.
3. Insofar as the request for an authorisation has not been granted, the board referred to in
Article 33a may appeal against the decision by the examining judge to the District Court of
Rotterdam within fourteen days.
4. The entry or search will take place under the supervision of the examining judge.
5. Articles 2 and 3 of the General Act on Entry into Dwellings do not apply.
Article 34g
1. An authorisation as referred to in Article 34f must be reasoned, signed and state the

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following:
a. the name of the examining judge who issued the authorisation;
b. the name or number and the capacity of the party to whom the authorisation is issued;
c. the statutory provisions on which the search and entry are based;
d. the purpose and subject of the investigation;
e. the date.
2. If the entry or search is so urgent that the authorisation cannot be set out in writing in
advance, the examining judge will ensure that the authorisation is set out in writing as soon as
possible.
3. The authorisation will remain in force until the third day after which it has been issued.
4. Articles 6 of the General Act on Entry into Dwellings does not apply.
Article 34h
1. The official or person who entered or searched a dwelling as referred to in Article 34e will,
under oath of office, draw up a written report on the entry or search.
2. The report will state:
a. his name or number and his capacity;
b. the date of the authorisation and the name of the examining judge who issued the
authorisation;
c. the statutory provisions on which the search and entry are based;
d. the location of the entry or search and the name of the person whose dwelling was entered
or searched;
e. the manner of entry and the start and end time of the search;
f. all that was performed, became evident and otherwise occurred during the investigation;
g. the names or numbers and the capacity of the other persons who entered the dwelling or
participated in the search.
3. The report will be sent to the examining judge who issued the authorisation no later than
the fourth day after the date on which the entry or search ended.
4. A copy of the report will be issued or sent to the person whose dwelling was entered or
searched no later than the fourth day after the date on which the entry or search ended. If the
purpose of the investigation so requires, the issue or sending of the report may be postponed.
In any case, the report will be issued or sent as soon as the interest of this purpose so allows.
If it is not possible to issue or send the copy, the examining judge or the official or person
who entered or searched the dwelling will keep the copy available for six months for the
person whose dwelling was entered or searched.
5. Articles 10 and 11 of the General Act on Entry into Dwellings do not apply.
Article 34i (seizure)
1. The officials and persons referred to in Article 34(1) are authorised to seize any objects that
are eligible for seizure. For this purpose, they may demand their surrender.
2. The following objects are eligible for seizure:
a. objects that may serve to uncover the truth;
b. objects in order to demonstrate any proceeds of crime as referred to in Article 36e of the
Dutch Penal Code;
c. objects whose confiscation or removal from circulation may be ordered.
3. The official or person who seized any objects will notify the person whose objects were
seized in writing of the seizure and the grounds for this as soon as possible. If any objects of
unknown persons are seized, this notification will be made in public according to rules to be
laid down by order of Our Minister of Security and Justice.
4. Any objects that were seized in accordance with the first paragraph are forfeited to the state

15
without prosecution, unless the seizure is not upheld by a decision from the board referred to
in Article 33a or by a court decision as referred to in the sixth paragraph.
5. The party who has an interest in the vehicle or object seized may, within one month after
the seizure has been notified to the court of the district within which the seizure took place,
may, either in person or through an authorised representative, lodge a reasoned complaint
against this.
6. The district court will handle the complaint in accordance with the provisions of Article
552b of the Dutch Code of Criminal Procedure, on the understanding that the official or
person who conducted the seizure is also given the opportunity to be heard during the
processing of the complaint and, if he appeared during the processing of the complaint, he is
informed by the registrar sufficiently in advance and in writing of the date of the judgment.
7. Article 552d of the Dutch Penal Code applies mutatis mutandis.
8. By order of Our Minister of Security and Justice, rules are laid down with regard to the
storage of the objects seized, the conditions of this storage and the destruction of the objects
seized.
9. The costs attached to the storage and destruction referred to in the eighth paragraph are
borne by the offender. The board referred to in Article 33a may collect these costs by writ of
execution.
Article 34j (strong arm of the law)
The officials and persons referred to in Article 34(1) will exercise the powers referred to in
Articles 5.17, 5.18 and 5.19 of the General Administrative Law Act, the power of placing
seals referred to in Article 34d, the power of entry and search referred to in Article 34e and
the power of seizure referred to in Article 34i with the strong arm of the law, if necessary.
W
The following section is inserted after Article 34j:
§ 3. Supervision measures
Article 34k (supervision information)
1. By or pursuant to a General Administrative Order, the following obligations may be
provided for with regard to holders of a licence under this act:
a. the obligation to record and manage data and documents that are important for monitoring
compliance with the rules laid down by or pursuant to this act, and
b. the obligation to periodically and incidentally provide data and documents as referred to
under (a) to the board referred to in Article 33a and to the officials and persons referred to in
Article 34(1).
2. The board may determine that data or documents as referred to in the first paragraph are
provided or explained in person by the officer of the licence holder to be determined by it.
3. By or pursuant to a General Administrative Order referred to in the first paragraph, rules
may be laid down with regard to the recording, management and provision of the data referred
to in the first and second paragraphs.
Article 34l (access to electronic systems)
electronic access of:
a. the officials and persons referred to in Article 34(1);
b. officers from the institutions referred to in Article 31i(2), under (b);
c. the persons who, pursuant to Article 24(1) of the Anti-Money Laundering and Anti-

16
Terrorist FinancingAct, are charged with monitoring compliance by institutions as referred to
in Article 1(1), section (a), subsection 16o
of this act,
d. the officials and persons who, pursuant to Article 10 of the Sanctions Act 1977, are charged
with monitoring compliance with this act, and
e. officials from the Tax and Customs Administration,
to electronic means that are used in organising games of chance and the data stored therein,
insofar as this is reasonably necessary for the performance of their duties.
X
The following section is inserted after Article 34l:
§ 4. International cooperation with other supervisory bodies
Article 34m
1. The board referred to in Article 33a, and the officials and persons referred to in Article
34(1) cooperate with the bodies that are charged in other states with monitoring compliance
with regulations on games of chance, insofar as this is necessary for the performance of their
duties under this act or for the performance of the duties of this supervisory body.
2. In implementation of the first paragraph, the officials and persons referred to in Article
34(1) may exercise the powers referred to in Part 5.2 of the General Administrative Law Act
and Title VIa of this act, insofar as this is compatible with Dutch legislation and public order.
3. Unless a convention binding to the Netherlands or European law dictates otherwise, the
powers referred to in the second paragraph are only exercised in accordance with an
agreement concluded with respect to cooperation between the board and a supervisory body
as referred to in the first paragraph.
regard to the preceding paragraphs.
Y
The heading “§ 1. Order for administrative enforcement action” is replaced by: § 1. Binding
instruction and order for administrative enforcement action.
Z
The following article is inserted before Article 35:
Article 34n (binding instruction)
1. The board referred to in Article 33a may give the party who organises games of chance or
who promotes the participation in games of chance organised without a licence under this act
or provides means for this purpose, a binding instruction with regard to compliance with the
regulations laid down by or pursuant to this act within a reasonable period given in such an
instruction.
2. The purpose of the instruction referred to in the first paragraph could be for a public
electronic communications service provider or a financial service provider to be forced to
block the transactions that are used for:
a. organising games of chance without a licence under this act;
b. participation in games of chance as referred to under (a), or
c. advertising or canvassing activities for games of chance as referred to under (a),
in which case the period referred to in the first paragraph will, in any case, not be less than six
weeks.

17
3. If an application for injunctive relief has been filed with the competent court, the period
referred to in the second paragraph will not end before six weeks have passed after a decision
has been made on this application.
regard to the binding instruction referred to in the first paragraph.
AA
1. The designation “1.” is placed in front of the text.
2. In the event that the violation referred to in Article 35a(1), second sentence, means a refusal
to render assistance as referred to in Article 5:20 of the General Administrative Law act, the
board may impose an order subject to a penalty for non-compliance with allowing inspection
of the business documents and records indicated in this order.
BB
Article 35a(1) will read as follows:
1. The board may impose an administrative penalty for violating the regulations laid down by
or pursuant to Articles 1(1), under (a), (b) and (d), 1(2), 4a, 7, 10, 13, 14, 14c, 14d(1), 20(1),
21, 25, 27, 27c, 27e(1), 27i, 27j(1), 27ja, 30h(1), 30j(1), 30m(1), 30q(3), 30r(3) and (4),
30t(1), (2) and (5), 30u, 30v, 30z, 31i, 31j(1) and (2), 31k, 31l, 31m, 31n, 31o, 34k and 34l.
The board may also impose an administrative penalty for acting contrary to Article 5:20(1) of
the General Administrative Law Act and for breaking, eliminating or damaging a seal as
referred to in Article 34d or for otherwise frustrating the pourpose of the sealing.
CC
The following article is inserted after Article 35c:
Article 35d (financial guarantee)
provision of a financial guarantee by the holder of a licence under this act for compliance with
the financial obligations under:
a. the levy on games of chance referred to in Article 33e, and
b. the administrative sanctions for violating regulations laid down by or pursuant to this act.
Article II
The Betting and Gaming Tax Act is amended as follows:
A
Article 1
Under the name of tax on games of chance, tax is levied from:
a. the party providing the opportunity to participate in national casino games, not being
b. the party giving the opportunity to participate in national poker tournaments, not being
c. the holder of a licence for operating gaming machines as referred to in Article 30h(1) of the
Betting and Gaming Act, with respect to the physical gaming machines offering games of
chance and placed in the Netherlands under its licence;
d. the party receiving the proceeds from physical gaming machines offering games of chance
and placed in the Netherlands without a licence as referred to under (c);

18
e. the party providing the opportunity to participate in remote games of chance that are
offered under a licence granted in accordance with the provisions of Title Vb of the Betting
and Gaming Act;
f. the parties entitled to the prizes of national games of chance, not being:
1o
. casino games;
2o
. poker tournaments;
3o
. games of chance played on gaming machines;
4o
. remote games of chance;
g. the parties residing or established in the Netherlands and entitled to the prizes of foreign
games of chance, not being
1o
. casino games, poker tournaments and games of chance played on gaming machines which
are organised by natural persons or by bodies one or more of which reside or are established
in a Member State of the European Union or in another state that is party to the Agreement on
the European Economic Area;
2o
. remote games of chance;
h. the parties entitled to the prizes of national remote games of chance, not being remote
games of chance as referred to under (d);
i. the parties residing or established in the Netherlands and entitled to the prizes of foreign
remote games of chance, not being remote games of chance as referred to under (e).
B
1. In the first paragraph, under (a), “with the exception of life insurances and premium bond
loans” is replaced by: including pyramid schemes and poker and with the exception of life
insurances and premium bond loans.
2. The following two paragraphs are inserted after the first paragraph and the second and third
paragraphs are renumbered to the fourth and fifth paragraphs:
2. Remote games of chance are understood to be games of chance that are offered at a
distance using electronic means of communication and in which a person participates without
having any physical contact with the person providing this opportunity or providing space and
resources for participating in these games of chance, with the exception of games of chance
for which a licence is granted under a title other than Title Vb of the Betting and Gaming Act.
3. A game of chance played on a gaming machine is understood to be a game of chance
consisting of a mechanical, electric or electronic process, the result possibly being a direct or
indirect distribution of winnings, including additional playing time.
3. In the fourth paragraph (new), “(Bulletin of Acts and Decrees 1959, 301)” ceases to apply.
4. In the fifth paragraph (new), “the second paragraph” is replaced by “the fourth paragraph”.
6. By ministerial regulation, rules may be laid down with regard to the definition of games of
chance and remote games of chance.
C
1. The first paragraph, under (a), will read as follows:
a. in the cases in which Article 1(a), (b), (c), (d) or (e) applies, according to the difference
between the stakes received in a calendar month and the prizes awarded and according to the
revenues, other than the stakes, received by the taxpayer in a calendar month for giving the
opportunity to participate in games of chance;
2. In the first paragraph, under (b), “Article 1(1)(c) or (d)” is replaced by: Article 1(f) or (g).
3. In the first paragraph, under (c), “Article 1(1)(e)” is replaced by: Article 1(h) or (i).

19
4. in the third paragraph “can be assigned” is replaced by: can be assigned, on the
understanding that if a third party, not being a company associated with the withholding
agent, charges the withholding agent an amount with respect to the prizes not received in
money, the amount charged by the third party will be taken into account.
5. The following two paragraphs are added:
4. With regard to the prizes not existing in money in the form of provisions of sector-specific
products from the withholding agent's business or from the business of a company associated
with the withholding agent and notwithstanding the third paragraph, if an amount would be
charged to a third party for the purchase of these products in the course of business, under
otherwise similar circumstances, the amount to be charged to this third party will be taken
into account.
5. By ministerial regulation, rules may be laid down with regard to the application of the third
and fourth paragraphs.
D
Article 4(1) is amended as follows:
1. In the opening words, “Article 1(1)(c) or (d)” is replaced by: Article 1(f) or (g).
2. Subsection (a) will read as follows:
a. the prize which amounts to less than € 450;;.
E
Article 4(1), opening words and under (a), will read as follows:
1. If Article 1(3)(f) or (g) applies, the following will be exempt from tax:
a. the prize which amounts to less than € 250;.
F
In Article 5(2), “Article 1(1)(c)” is replaced by: Article 1(f).
G
Article 5
1. The tax amounts to 29 per cent.
2. In derogation from the first paragraph, the tax amounts to 20 per cent in the cases in which
Article 1(e) applies.
3. If, in case Article 1(f) applies, the person who owes the prize pays the tax, the prize is
multiplied by 100/71 in order to calculate the tax.
H
Article 5a is amended as follows:
1. In the first paragraph, “Article 1(1)(a) or (b)” is replaced by “Article 1(a), (b), (c), (d) or
(e)”. Furthermore “tax owed in a period of time” is replaced by: tax owed in a calendar
month.
2. The third paragraph ceases to apply.
I
Article 5b ceases to apply.
J
In Article 6(1), “Article 1(1)(c)” is replaced by: Article 1(f).

20
K
Article 7 ceases to apply.
L
In Article 8(1), “Article 1(1)(d)” is replaced by: Article 1(g).
M
In Article 8a(1), “Article 1(1)(e)” is replaced by: Article 1(h) or (i).
Article III
In the State Taxes Act, Article 67ca(1)(b) ceases to apply and subsections (c) to (f) are
relettered subsections (b) to (e).
Article VI
In Article 11 of the International Assistance (Levying of Taxes) Act, “first paragraph, under
(b) to (f)” is replaced by: first paragraph, under (b) to (e).
ARTICLE V
In article 1(1)(c), subsection 11o
, of the Public Administration (Probity Screening) Act,
“Articles 30b and 30h” is replaced by: Articles 30b, 30h and 31.
ARTICLE VI
In Article 1(1)(a) of the Anti-Money Laundering and Anti-Terrorist Financing Act,
subsection 16o
will read as follows:
16o
. natural person, legal entity or company organising, in a professional or commercial
capacity, a gaming casino within the meaning of Article 27g of the Betting and Gaming Act
or remote games of chance within the meaning of Article 31 of this act;.
ARTICLE VII
The following subsection is added to Article 28(3) of the Commercial Register Act 2007, the
full stop at the end of subsection (j) being replaced by a semicolon:
k. the games of chance authority referred to in Article 33 of the Betting and Gaming Act, for
the performance of its duties.
ARTICLE VIII
Our Minister of Security and Justice will, within four years after this act has entered into
force, send the States General a report on the effectiveness and effects of this act in practice.
ARTICLE IX
This Act shall come into force on a date determined by royal Decree, which may vary for the
different articles or parts thereof.
We order and command that this Act shall be published in the Bulletin of Acts and Decrees,
and that all ministerial departments, authorities, bodies and officials whom it may concern
shall diligently implement it.

21
Done,
The State Secretary for Security and Justice,
The State Secretary for Finance,

The Netherlands_Bill_Betting and Gaming Act_remote games of chance

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