Introduction: Understanding Your Rights with Online Casinos
Online gambling in the Netherlands has undergone radical changes in recent years, especially with the introduction of the Distance Gambling Act (Koa) in October 2021. Before this date, offering online gambling without a license was illegal in the Netherlands. Nevertheless, thousands of Dutch players lost significant sums at illegal providers operating without the required license.
These regulatory changes have had a major impact on the gambling industry in the Netherlands, shaping how both licensed and unlicensed operators function and are monitored.
Recent rulings by the District Court of The Hague have opened the door for Dutch players to reclaim their lost gambling winnings from these illegal providers. In this blog, we discuss the legal framework, the impact of the Maltese “Bill 55” and the rights of Dutch players to recover gambling winnings lost at illegal providers. We also explain how our law firm can help you recover your lost funds.
Rights of Dutch players in unlicensed casinos and illegal online games of chance
In August 2024, the District Court of The Hague ruled that contracts between Dutch gamblers and illegal online casinos were invalid in four separate cases. This means that casino operators of these websites should never have been allowed to take money from Dutch players.
This is an essential development for all Dutch people who have lost money at casinos operating without a Dutch license over the past 20 years (all gaming websites until October 2021 and all unlicensed gaming websites after that).
Our lawyers specialize in recovering these lost funds. We have already successfully concluded several cases where clients have recovered their money. The recent rulings by the Hague District Court significantly increase your chances of success if you take action to recover your losses.
Four essential rulings by the District Court of The Hague
The District Court of The Hague has handed down judgments against Trannel International Limited (parent company of Unibet) and Green Feather Online Limited, where they have been ordered to repay substantial sums to Dutch gamblers. Trannel International Limited must repay €106,481.95, €38,577, and €77,395.35, respectively, in three cases, while Green Feather Online Limited must repay €91,940:
ECLI:NL:RBDHA:2024:11011: This case held that the gaming agreement between the claimant, a consumer in the Netherlands, and Trannel, a Maltese company, was invalid. The reason was that despite being licensed by the Maltese Gaming Authority, Trannel did not have a valid Dutch casino license to offer games of chance in the Netherlands. Trannel was ordered to repay the amounts lost by the plaintiff.
ECLI:NL:RBDHA:2024:11009: The court reaffirmed the nullity of a gaming agreement between a Dutch resident and Trannel International Limited because Trannel did not have a valid Dutch casino license to offer gaming. The court stressed that there was no evidence of broad-based social acceptance of unregulated online gambling offers in the Netherlands. Trannel was required to repay the amount lost by the plaintiff based on undue payment.
ECLI:NL:RBDHA:2024:11007: The court ruled that a gaming agreement between a Dutch resident and Trannel International Limited was void. Trannel had offered online games of chance without the necessary Dutch casino license, in violation of Article 1(1)(a) of the Games of Chance Act (Wok). Trannel was ordered to repay the amount of €77,395.35 the claimant lost on the grounds of undue payment.
ECLI:NL:RBDHA:2024:11013: In this ruling, a gaming agreement between the claimant and GFO, another Maltese company, was annulled because GFO did not have a valid Dutch casino license. The court rejected GFO’s reliance on the principle of confidence (the prioritization policy of the Kansspelautoriteit). It ruled that there was no “loss of streak” in the applicability of Article 1(1)(a) Wok. GFO was ordered to repay €91,940 to the claimant as these payments were considered undue. Some operators may hold a Curacao license, but this does not substitute for a valid Dutch license, and such licenses offer fewer protections for players compared to Dutch or EU-issued licenses.
Comparisons with rulings of other courts
While the courts in Amsterdam and Haarlem are still waiting for clarification from the Supreme Court, the court in The Hague has ruled directly in favor of the players. The preliminary judgment of the Amsterdam and Haarlem courts also ruled in favor of the players, namely that the agreements concluded with unlicensed providers are invalid. These differences in court decisions may be due to variations in local laws and how they are interpreted in each jurisdiction. Additionally, international gaming sites, which often operate outside Dutch regulations, are sometimes compared to Dutch-licensed platforms for their broader game selection and different legal considerations.
Statements
| The Hague | Gambling companies must pay back |
|---|---|
| Haarlem (North Holland) | Prosecution has legal questions for the Supreme Court |
| Amsterdam | Prosecution has legal questions for the Supreme Court |
| Once the Supreme Court rules out, many courts will be more decisive, potentially leading to thousands of refunds for gamblers in the Netherlands. |
Many foreign casinos have operated in the Dutch market without proper licensing, which has resulted in numerous legal disputes.
Five Questions for the Supreme Court
A total of five questions were formulated for the Supreme Court following the court cases:
- Does the Wok initially aim to affect the validity of legal acts that conflict with it?
- Has this tenor been lost under the influence of societal developments and the enforcement policy of the Gambling Authority?
- Is a gaming agreement with non-license casinos—meaning casinos operating without a Dutch license—void under Article 3:40 of the Civil Code?
- Does it matter whether the gaming provider met the gaming authority’s prioritization criteria?
- What legal consequences does a void contract have for reimbursement of losses suffered?
The Supreme Court has not provided the answers to these questions yet.
Malta’s Bill 55: protecting casinos from foreign claims (in Malta)
Bill 55, passed in June 2023 in Malta, protects any casino operating under Maltese jurisdiction against enforcing foreign legal judgments. This law places the activities of online casinos under Maltese public policy, which currently prevents judgments from other EU countries from being implemented in Malta. However, this protection is under pressure as the EU has launched an investigation that is likely to lead to the rejection of Bill 55. In response to these legal risks, a casino’s marketing team may adjust their strategies, such as modifying promotions or bonus offers, to remain competitive while ensuring compliance with evolving regulations.
This means that Dutch players who have lost money at Maltese casinos have still options to reclaim their losses, especially if these companies have assets outside Malta.
Legal expectation – Law & More
The recent decisions of the District Court of The Hague mark an essential step in protecting players’ rights in the Netherlands and may serve as a precedent for future cases. These rulings strengthen the position of Dutch players in recovering lost funds, especially in combination with the changed legal context due to the Remote Gaming Act and the possible rejection of Malta’s Bill 55. Clearly, the legal protection for players in the Netherlands is getting stronger, significantly increasing your compensation options. Additionally, maintaining responsible gambling practices is an important aspect of the evolving legal framework, further supporting player protection.
Our law firm, Law & More, specializes in protecting your rights and recovering your losses from illegal providers. We are ready to guide you to a successful outcome. As a victim, you have the right to a fair trial and a refund if you have been a victim of illegal gambling.
Your legal options: how we can help you
Are you one of the many Dutch gamblers who have lost money at an unlicensed online casino that was operating? For players who may be entitled to a refund, it is essential to take action now. The Hague District Court rulings and the expected developments around Bill 55 provide a solid legal basis for recovering lost funds.
Disputes often arise over bonus offers and bonuses offered by unlicensed casinos, as these promotions can be misleading or difficult to claim. Many players find themselves unable to access the bonuses offered or face unclear terms when trying to redeem bonus offers, which can lead to further financial loss.
We have extensive experience in conducting legal proceedings against illegal gambling providers and have successfully helped many clients recover their lost funds. We offer comprehensive legal services, from investigating your situation to litigating on your behalf.
We understand that recovering lost funds can be complicated and time-consuming, but we are here to guide you through every step. Want to know more about your rights and how we can help you? Then get in touch with us. We can discuss your options and develop a strategy to recover your lost funds. Keep your rights from being used and claim what you are entitled to. Our team of experienced lawyers is ready to assist you.
Additional Considerations for Players
It is important for Dutch players to be aware that playing at unlicensed online casinos carries risks beyond the potential loss of funds. Unlicensed operators may not adhere to the same standards of fairness, security, and responsible gambling that licensed casinos are required to follow. This lack of regulation can expose players to unfair game practices, delayed or withheld payments, and inadequate protection of personal data. Additionally, unlicensed casinos are not required to have their games audited for fairness by independent third-party agencies, further increasing the risk of unfair practices. Funds spent at unlicensed casinos may also finance other criminal activities, including money laundering and drug trafficking. Moreover, players engaging with unlicensed casinos may miss out on the consumer protection standards commonly found in regulated gambling establishments. Players at casinos without a Dutch license must also take personal responsibility for managing their gambling habits, as these casinos typically lack tools like Spelpaus for self-exclusion.
Unlicensed casinos typically offer a wide variety of payment methods to attract international players. These include bank transfer, bank transfers, instant bank transfers, instant deposits, instant withdrawals, alternative payment methods such as e-wallets and cryptocurrencies, as well as traditional banking methods. This flexibility allows players to choose the payment method that best suits their needs, but it may also come with less oversight and fewer guarantees compared to licensed platforms. Crypto casino and crypto casinos offer unique benefits such as anonymity and fast transactions, appealing to privacy-conscious players.
Bonuses at unlicensed casinos are often more diverse and generous than those at licensed sites. Players can find deposit bonus, deposit bonuses, welcome bonus, welcome bonuses, reload bonuses, casino bonuses, bonus money, free spins, and generous bonuses. Wagering requirements and withdrawal limits may differ significantly from licensed casinos, sometimes being more favorable but also potentially less transparent.
Many casinos and most casinos operating without a Dutch license provide extensive game libraries, including jackpot slots and live casino games, and often prioritize seamless gaming and mobile gaming experiences for their users.
Responsible Gambling Tools: Protecting Yourself When Playing Online
Responsible gambling tools are vital features offered by many online casinos to help players maintain control over their gaming activities and promote a safe, enjoyable online gambling experience. These tools are designed to support responsible gambling by allowing players to set personal boundaries and monitor their behavior while engaging in casino games, sports betting, or live dealer games.
Most reputable online casinos provide a range of responsible gambling tools. Common options include deposit limits, which let players set daily, weekly, or monthly caps on how much they can deposit into their accounts. Time-out features and self-exclusion programs allow players to take a break from online gaming for a set period or block access entirely if needed. Reality checks and session reminders help players keep track of how long they have been playing, while loss limits and wagering limits can prevent excessive spending.
While many international casinos and casinos without Dutch licenses also offer responsible gambling tools, the level of protection and enforcement can vary significantly. Licensed casinos are typically required to provide these features and ensure they are easily accessible, whereas unlicensed casinos may offer limited or less effective options. This lack of robust responsible gambling tools at some foreign casinos can increase the risk of developing unhealthy gambling habits or experiencing financial losses.
To protect yourself when playing at online casinos, it is essential to take advantage of the responsible gambling tools available. Setting deposit limits, using time-outs, and monitoring your gaming activity can help you maintain control and enjoy a safer gaming journey. If you notice signs of problematic gambling, seek support from professional organizations or consider self-exclusion options provided by the casino.
Ultimately, responsible gambling tools empower players to make informed decisions and enjoy online gaming in a secure and controlled environment. Always choose online casinos that prioritize player protection and responsible gambling practices to ensure a positive and sustainable gaming experience.
Understanding Your Rights and Responsibilities
While the courts have provided important protections for players, individuals also bear responsibility for their gambling activities. It is crucial to recognize the signs of gambling addiction and address them promptly, as gambling addiction can have serious personal and social consequences. Maintaining responsible gambling practices is especially important when playing at unlicensed casinos, where support services and self-exclusion tools may not be available. Licensed casinos often provide responsible gambling tools, including deposit limits, self-exclusion options, and access to support organizations. In contrast, unlicensed casinos lack a formal process for handling player complaints and disputes, leaving players with limited recourse in case of issues. Unregulated casinos often mislead players with unrealistic bonuses and hidden terms that complicate reward collection. International casinos often operate under licenses from jurisdictions like Malta, Curaçao, or Estonia, which may offer varying levels of player protection.
If you suspect you have been a victim of illegal online gambling, consulting with legal experts can help clarify your rights and the best course of action. Recovering lost funds can be a complex legal process, but with professional assistance, players can navigate these challenges effectively. Players’ sensitive data can also be at risk of theft due to lax security measures in unlicensed casinos, further emphasizing the importance of choosing licensed operators. Many unlicensed sites make it difficult for players to withdraw winnings, often stalling payments with verification requests or suspending accounts.
Conclusion
The evolving legal landscape in the Netherlands offers renewed hope for players who have suffered losses at unlicensed online casinos. Recent rulings by the District Court of The Hague affirm that gaming agreements with illegal operators are void and that players are entitled to recover their funds. Despite challenges such as Malta’s Bill 55, the increasing scrutiny and cooperation among European authorities strengthen player protections. Illegal sites frequently operate on insecure platforms lacking advanced encryption and security measures, putting personal and financial data at risk. Unlicensed casinos often include vague or unfair terms and conditions that complicate or prevent fund withdrawal. Many unlicensed online casinos are offshore casinos, which may lack the regulatory protections of Dutch-licensed platforms. The lack of strict regulations in foreign jurisdictions allows international casinos to offer multiple bonuses and less restrictive gaming conditions.
If you have experienced losses at an unlicensed online casino, it is important to act promptly and seek expert legal advice. Protecting your rights and reclaiming your money is possible, and professional legal assistance can make a significant difference in the outcome.
For more information and personalized support, do not hesitate to contact our experienced team at Law & More. We are committed to helping you secure the justice and compensation you deserve, ensuring a fair and safe online gaming environment for all Dutch players.