bet365 has stated that it intends to continue contesting the binding instruction issued by the Netherlands gambling regulator, aimed at improving the implementation of its duty of care, arguing that the regulator’s findings are “unsubstantiated.”
Kansspelautoriteit (KSA) said that an audit of Hillside New Media Malta, the operator of bet365, found that the company did not “adequately respond to signals that players may be experiencing financial difficulties due to their gambling behaviour.”
The regulator also noted that bet365 did not take “sufficient intervention measures when these signals were identified.” The audit was conducted from 6 December 2024 to 6 June 2025.
In the Netherlands, monthly net deposit limits are set at €300 ($324) for young players aged 18–23 and €700 ($756) for players aged 24 and over. Operators are required to conduct an ability-to-pay assessment to determine the appropriate deposit level and ensure that players can deposit funds without facing financial difficulties. If the assessment cannot be conducted, deposits must be blocked.
Following the audit, KSA concluded that bet365 “did not fully meet its obligations under the duty of care.”
The regulator stated: “Before March 2025, Hillside asked players to complete a questionnaire about their income. The KSA already informed gambling providers in early 2025 that a questionnaire is not suitable for conducting a means assessment.
“It was also found that the calculation of the net deposit limit was performed incorrectly. This allowed players to deposit more than they could possibly afford based on their financial situation.”
bet365 Challenges Regulator’s Instruction
Under the binding instruction, the company now has four weeks to carry out a proper ability-to-pay assessment for KSA.
This assessment involves recording and analysing signals indicating that a player may no longer be able to bear the financial consequences of their gambling behaviour and taking appropriate action if necessary.
If the instruction is not completed, KSA may impose further sanctions, including a fine or revocation of its gambling licence in the Netherlands.
However, bet365 is contesting the instruction, claiming that it did not commit any violations and complied with the rules during the audit period, and therefore the regulator has no grounds to issue such a binding instruction.
“bet365 does not recognise the allegations made by Kansspelautoriteit,” a company spokesperson told
“bet365 places customer safety at the forefront of its activities and takes player protections extremely seriously. We will continue defending this matter through the proper legal process and remain confident that the allegations will be found to be unsubstantiated.”
2026 Supervisory Agenda
Duty of care is included by KSA among the five key priorities in its recently published 2026 supervisory agenda. Other key areas include tackling illegal gambling operators, protecting vulnerable groups, supervising advertising, and ensuring compliance with the Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft).
The regulator noted that online operators’ compliance with duty of care will continue to be closely monitored, with particular attention to the new tightened duty of care rules, deposit limits, and monitoring of gaming behaviour.
Studies will examine how operators assess the financial capacity of players. Other areas to be reviewed include the speed of behavioural analysis, negative forms of player behaviour management, and the extent to which these comply with duty of care obligations.
In the early stages of this year, investigations into Cruks notifications and personal interviews will be completed, with recommendations to be monitored for compliance.
Guidance on the use of AI and monitoring tools by operators will also be published. Oversight of duty of care compliance in land-based casinos will continue in accordance with guidance issued at the end of last year.
Key Priority
Last week, speaking at the Annual Gaming Industry Event at the Royal Industrieele Groote Club in Amsterdam, KSA Chair Michel Groothuizen stated that, since the introduction of mandatory affordability checks and deposit limits, the average size of high deposits has been decreasing and duty of care has been improving.
Groothuizen added that many recent cases that resulted in fines relate to periods before the tightening of regulations.
“Players are not spending such extreme amounts. While that is, of course, disadvantageous for your bottom line, I’m pleased, as the regulator, that these protective measures are working so well. And channelisation, in terms of number of players, doesn’t seem to have been hit too severely either.
“Although things are improving, there’s still plenty to do. The duty of care will therefore remain a key priority for the KSA in 2026.”
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