Netherlands introduces an exclusion through third party for gambling

A short while ago, the Netherlands introduced the so called exclusion through third party for online gambling. This makes it possible for a third party to exclude a player from gambling. Of course there are strict requirements, which must be fulfilled, for this unusual case. But does this exclusion really make sense and is there such a thing also in Germany?

In the Netherlands, the foreign ban should be the last resort to be used in the fight against gambling addiction. However as from autumn of this year, this possibility is permissible under certain conditions in our neighbouring country. The reason for this is that not only the gambling addict his or herself suffers, but also their family and employers. Around two weeks ago we reported that the Netherlands had imposed a 500,000 Euro fine against an MGA-Casino.

Dutch Gambling Authority publishes general conditions 

A short while ago, the Dutch Gambling Authority Kansspelautoriteit published the binding guidelines for this exclusion ban through third parties. This specifically is about the “Gambling ban“ without the direct understanding of the person involved. This functions in a way, that the bystanders as family members or the employer can suggest that the “problem gambler” is included in the central register “Cruks“. After a comprehensive evaluation, a decision will be taken about the entry in the central register.

A requirement for this procedure is that the person making the referral is being affected by the gambling addiction of the “problem gambler”. In most cases this will be the case with family and employers. This however is not the case, if a friend for example will want to refer a “problem gambler”. As a rule, the friend will not be affected financially by the consequences of the gambling addiction.

In particular cases the person with the problematic gambling behaviour must have the possibility of giving his statement. Besides this, the “Cruks-ban“ is partly only for a limited time frame of for example six months. It is however such, that all other measures must have been exhausted before an exclusion through a third party is implemented. This means, that the “problem gambler“ has previously been offered the possibility of having therapy and this was unsuccessful.

The online-gambling market in the Netherlands is currently going through a boost. The Dutch Gambling Supervisory Authority had already forecasted a few months ago, that in 2024 it is expected that there will be a turnover of more than a billion Euro .

When does the exclusion through third parties make sense?

It is definitely the case, that an exclusion through third parties will bring a significant interference in the freedom rights of the persons involved. A related person should practically be able to decide, that the player be banned from gambling. Such a decision must of course follow strict requirements.

The easiest way is that the “problem player“ himself or herself realises that his gambling behaviour is posing a problem. Several months ago we had already published a handbook about this topic.

Conclusion

The exclusion through third parties, is under particular requirements, an effective means of fighting (threatening) gambling addiction. Most probably the possibility of exclusion through third parties will be available in the Netherlands this autumn. However, this measure, due to its nature of restriction of human rights, is considered to be the “Ultima ratio“. A person who wants to make a corresponding request, must however be affected directly by the gambling of the person involved. This is for example the case in married partners or in work relationships. 

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