Affiliate liability: The Netherlands sets a new enforcement standard

On July 15, 2025, the Netherlands Gambling Authority (KSA) launched a coordinated enforcement effort targeting unauthorized gambling promotions across digital and print media. For the first time, the regulator turned its attention not only to illegal operators themselves but to the broader ecosystem that enables their visibility – including media outlets, affiliate marketers, and advertising agencies.

At the center of this initiative were three affiliate companies: SBM Holding Group, Sun Block Media Labs 2.0, and JEF Holdings, the operators behind Casinoscount.nl. These companies received penalty orders for promoting both licensed and unlicensed gambling platforms. The fines were severe: €75,000 per week of non-compliance, capped at €225,000.

The sanctions followed a prolonged pattern of violations that included ignoring regulatory warnings and reactivating access to illegal content even after temporary takedowns. KSA confirmed that the domain would be permanently blocked. Meanwhile, a sister site (besteonlinecasinonederland.com), operated by the same group, continues to run and is likely next in line for enforcement.

It is important to note that this escalation was not isolated to ads. On the same day, the KSA formally warned operators ZEbetting and Betca for offering prohibited tennis betting markets, specifically allowing wagers on single-set outcomes, which is considered especially susceptible to match-fixing under Dutch law. Both companies promptly removed the markets and introduced internal safeguards.

Of course, the KSA has always paid close attention to operators, but after the recent actions against affiliates, it is clear that the regulator is becoming even stricter and more focused on any violations – regardless of who commits them. Its parallel compliance campaign targeting mainstream newspapers and magazines further underscores this trend.

In July, media outlets received official guidance letters outlining their responsibility to avoid publishing content that promotes operators not connected to the Cruks system (the national self-exclusion register).

Crucially, marketing agencies involved in placing these promotions are now under investigation. The KSA has already begun referring entities to the Netherlands Authority for Consumers and Markets (ACM) and the Dutch Advertising Code Foundation (SRC). Discussions are also underway with national media trade associations to ensure full awareness of advertising obligations and to close persistent regulatory loopholes.

But why did this happen?

These steps followed earlier actions in June 2025, when Optdeck, operator of the Unibet brand, was reprimanded for two major violations. First, a promotional vehicle with the Unibet logo, used as part of Unibet’s sponsorship of the cycling team Unibet Tietema Rockets, was not only used for team transport but also for other purposes, breaching the Dutch ban on non-targeted advertising.

Second, a prohibited autoplay function had been briefly enabled in a game offering BonusBuy features. Though both issues were resolved swiftly and attributed to third-party errors, the KSA then made it clear: licensees remain fully accountable, regardless of whether the breach stems from external vendors or sponsorship partners. Following this incident, the KSA adopted its current stricter and more vigilant approach.

Notably, Renske Fikkers, Head of Supervision at the KSA, delivered a pointed message during her speech at Gaming in Holland on June 5. She emphasized that the perception of gambling has shifted from being seen as "a game with risks" to a "high-risk product" that demands systemic oversight.

Fikkers identified a clear trend: repeated failures by operators to adequately protect vulnerable players and persistent breaches of marketing rules have significantly eroded both political and public trust. In response, the government is actively considering (or has already introduced) the following measures:

• Raising the minimum gambling age to 21 (currently 18);
• Introducing centralized deposit limits (currently, there are no unified limits – players set their own, and operators are only required to intervene at certain thresholds);
• Implementing stricter advertising rules, including a complete ban on sports sponsorships, which is already in force. Licensed gambling operators are no longer permitted to engage in any form of sports-related sponsorship.

The trendline is clear. The Dutch regulator is no longer content to focus solely on illegal operators themselves. The entire distribution chain: affiliates, media partners, agencies, and licensees are now considered fair game for enforcement. The KSA has also demonstrated a willingness to escalate from informal warnings to formal penalties, including domain blacklisting and financial sanctions, even when violations are resolved retroactively.

What will happen next?

The enforcement wave of summer 2025 sends a simple but powerful message: regulatory tolerance is over. What once might have been resolved quietly through warning letters is now treated as a serious violation, with meaningful financial and reputational consequences.

The Dutch regulator, much like its counterparts in Sweden and Denmark, is positioning itself as an active enforcer, not merely a compliance monitor. By targeting the channels through which illegal operators gain visibility, trust, and traffic, the KSA is aiming to cut off the oxygen supply to the black market.

The fines against affiliate companies are particularly notable. Historically, enforcement in this area has been rare, especially in the online space where legal responsibility is often blurred. In most European jurisdictions, regulators only pursue affiliates when there is a clear presence within the country. The Netherlands has broken with this pattern, signaling that domestic impact, not legal form, will determine liability going forward.

Expectations for the future are unambiguous: more inspections, tougher interpretations of the law, and fewer second chances. The regulator has shown a strong willingness to coordinate with other government bodies, escalate to litigation, and use all available levers to rein in non-compliant behavior.

And on the one hand, of course, targeting non-compliant marketing actors is an effective strategy. Advertising is a key entry point into the gray market and often the easiest way for illegal operators to attract players. While blocked sites are quickly replaced with mirrors, financial penalties have a stronger, more lasting impact.

On the other hand, a strict approach that extends beyond clearly illegal actors to compliant, tax-paying businesses risks making the market less attractive. As compliance costs rise and regulatory risks grow, even well-intentioned operators may start to question the viability of staying in the Dutch market.

So far, the Netherlands has managed a careful balance – firm but pragmatic. Yet there is concern that in its pursuit of consumer protection, the regulator could undermine the legal market itself, leaving players with fewer safe options and driving them back toward unregulated spaces. The long-term success of this policy will depend on maintaining that balance: protecting players without making compliance commercially unsustainable.

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