The Dutch Gambling Authority (hereinafter: “Ksa”) has imposed a record fine of €4,000,000 on Optdeck Service Limited, the company behind Unibet.nl (hereinafter: “Unibet”), for breaching its duty of care. Gambling operators, such as Unibet, are required to protect players against excessive gambling behavior and gambling addiction. According to the Ksa, Unibet fell short in analyzing risky gambling behavior, implementing appropriate interventions, and conducting personal consultations with players. As a result, the Ksa determined that Unibet violated its duty of care.
Based on data from the control database, the Ksa selected the player files of ten individuals. These were the files of players who suffered the greatest losses, played on a high number of days, and frequently engaged in late-night gambling. The investigation revealed that, during the period from 14 July 2022 up to and including 1 July 2024, Unibet failed to take sufficient measures and implement safeguards to prevent addiction to the gambling games it offered. Unibet insufficiently analyzed gambling behavior, failed to implement adequate intervention measures to prevent excessive gambling and a gambling addiction, and did not, or insufficiently, comply with its obligations regarding personal consultations.
The analysis of gambling behavior is aimed at the early identification of signals that may indicate excessive gambling and risks of a gambling addiction. The Ksa established that the analyses carried out by Unibet were not effective. The analyses were conducted too late and contained deficiencies. The investigation revealed that no, or insufficient, inquiries were made into the source of funds of players. In addition, signals such as high deposits, late-night gambling, and breaches of loss limits were ignored, resulting in gambling behavior that was insufficiently analyzed. Adequate and timely intervention was not undertaken in the presence of indicators of excessive gambling behavior. The player files concerned individuals who deposited thousands of euros per day. Information was only requested after several weeks, by which time the players had already incurred very substantial losses. The analyses were therefore not aimed at the early identification of signals.
Where the analysis indicates excessive participation or risks of a gambling addiction, the operator must implement appropriate intervention measures. According to the Ksa, Unibet failed to implement such appropriate intervention measures. Pop-ups were used as an intervention measure. The Ksa concluded that these pop-ups are not sufficient. They are too limited, implemented too late and were insufficiently tailored to the particular behavior, particularly in view of the nature of the signals. The pop-ups only appeared after players had already lost substantial amounts and were easily dismissible. In addition, a number of telephone calls were conducted as interventions. However, these were not critical in nature and, in some cases, were marketing-oriented. The Ksa therefore concluded that the intervention measures carried out regarding these ten players were not appropriate.
Where there is a reasonable suspicion of excessive participation in gambling or of a gambling addiction, the license holder must conduct a personal consultation with the player, in which:
- The player is informed of his gambling behavior, its possible development, and the dangers of a gambling addiction;
- The player is advised on the measures available to limit his participation in gambling games and on the assistance offered by addiction treatment facilities, and is encouraged to make use of such assistance;
- It is examined whether the player, through excessive participation in gambling or having a gambling addiction, may cause harm to himself or to his relatives.
On the basis of the signals identified in the investigated player files, Unibet should have examined the players’ behavior in a personal consultation. In practice, a personal consultation takes place by means of a (telephone) conversation with the player. However, Unibet failed to conduct such personal consultations in most of the files. In the cases where a conversation did take place, it did not meet the applicable requirements.
Unibet is not the first operator to be reprimanded by the Ksa for a breach of the duty of care. Previously, Betcity and a currently unnamed operator received substantial duty of care fines. All of these cases present a clear picture: since the establishment of the online duty of care division, the Ksa has intensified its supervision of the gambling market. Increased attention is also being paid to the data in the control database. Whereas the duty of care was previously a relatively open norm, it is now being increasingly defined. This means that operators must be fully aware of their obligations. A number of lessons can be drawn from the recent imposing of fines by the Ksa:
- An operator should maintain proper administration of the player so that analyses of gambling behavior, interventions, and contact moments are traceable;
- Automatic interventions based on pre-set triggers are essential to demonstrate that interventions are imposed in a timely manner;
- Operators should take personal consultations seriously: provide staff with clear conversation guidelines, prepare a record of the conversation, and communicate this to the player.
Administrative fines are taken into account by the Ksa when assessing the reliability of the operator and may therefore affect current and (potential) future gambling licenses. The recent fines for breaches of the duty of care clearly demonstrate that the Ksa closely monitors the implementation of the duty of care. Sufficient measures are therefore necessary to prevent administrative enforcement.
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