KSA Issues Binding Instruction to bet365 over Duty of Care Shortcomings

The Netherlands Gambling Authority KSA issued an instruction to bet365 operated by Hillside New Media Malta, citing duty of care failures.

The regulator stated bet365 failed to respond to signals showing some players could not afford the financial impact. KSA added that the operator failed to apply intervention measures after identifying those affordability risk signals. KSA reported these failures continued between December 2024 and June 2025 without interruption. Dutch rules require players aged 18 to 23 exceeding €300 net monthly deposits to complete affordability assessments. Players aged 24 and above seeking deposits beyond €700 net monthly must also complete documented affordability checks. When operators skip such checks, rules require blocking further deposits for the remaining month.

Warnings Ignored and Errors Continued

During November 2024, KSA requested information from bet365 on player financial capacity assessments and applied risk measures. Supervisors later reviewed selected player files to assess how Hillside applied means tests. KSA found bet365 used self-completed questionnaires for affordability tests in multiple cases. Earlier in 2025, KSA warned that questionnaires do not qualify as valid methods for means tests. KSA instructed bet365 during January and February 2025 to rely only on verifiable documents. Accepted documents included payslips and tax returns for affordability assessments.

Despite those instructions, KSA determined that bet365 continued questionnaire use. When bet365 used documents, staff miscalculated net deposit limits across several cases. Some players deposited between 31.8% and above 100% of assessed monthly net income.

bet365 Response

KSA said bet365 accepted the regulator’s rule interpretation during a January 2025 meeting. The operator agreed to update procedures following that discussion. Later statements said bet365 planned process changes and collected player data for checks against reliable sources. Hillside has now challenged the binding instruction and denied breaching duty of care obligations. The company argued that the 2024 Responsible Gaming Policy Rule does not mandate document-based affordability checks. bet365 claimed that affordability checks can rely on player statements and public information under anti-money laundering guidance. The operator also stated that regulator expectations changed over time, affecting legal certainty. Hillside requested withdrawal or limitation of the instruction scope.

Four-Week Compliance Deadline

Under the instruction, bet365 has four weeks to align practices with regulatory requirements. Required steps include recording signals showing reduced player affordability and conducting document-based assessments. Operators must also apply interventions such as deposit blocks or revised limits. KSA warned non-compliance may trigger enforcement actions, including fines or licence revocation. bet365’s objection does not pause the instruction, requiring changes during the appeal process. The decision supports KSA enforcement activity under the 2024–2028 strategy on responsible gambling controls.

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