KSA: Don’t rely on regulator guidance ahead of advertising changes
René Jansen says operators need to take initiative and self-regulate ahead of upcoming ban on untargeted advertising in the Netherlands
Netherlands Gambling Authority (KSA) chair René Jansen has told operators not to expect definitive guidance from the regulator ahead of legislative changes in the market.
In a speech delivered today, 8 June, Jansen said the regulator and operators will need to work together to wade through the new changes coming into effect, namely the banning of untargeted advertising from 1 July.
Jansen said that the changes were also new for the regulator to manage, and that expectations needed to be tempered in its initial ability to provide concrete guidelines for firms.
Instead, the chair claimed operators should use initiative and not “seek the boundaries” of the law when the changes come into effect.
Jansen said operators had already expressed concerns around the impact the advertising regulations will have on channelisation, as well as the administrative costs for companies to adhere to new rules.
Jansen said: “In short, the sector wants something to hold on to from the KSA. I understand that. Nobody wants to run the risk of a surprise fine.
“And yet I feel the need to manage expectations a little in that respect. We are only able to provide the requested guidance to a limited extent.
“Various parts of the new ban are a new and uncharted area for us as well. Like industry, we will have to find our way in this.”
The chair went on to put the onus on operators, and argued that self-regulation was a far better approach than waiting for the KSA to deliver solid guidance.
He continued: “Licensed operators are at all times the ones responsible for compliance with the regulations, including new rules. Leaning back and waiting for further explanations from the regulator can and should never be the intention.
“Let me give you an example. When an operator wonders if his advertising for land-based gambling is sufficiently distinguishing from the advertising for online gambling, he should go one step further and make the advertising different even more,” Jansen concluded.