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  • De Kansspelautoriteit en haar rol

    Wie over kansspelen in Nederland leest, komt de Kansspelautoriteit steeds tegen: in nieuws, in regels en in de uitleg die aanbieders geven. Dit stuk beschrijft wat de KSA is en doet, hoe vergunningen worden verleend en beoordeeld, hoe het toezicht op reclame en sponsoring werkt, hoe handhaving in grote lijnen verloopt en hoe meldingen over illegaal aanbod worden gedaan.

    Wat de KSA is en doet

    De Kansspelautoriteit, afgekort KSA, is de Nederlandse toezichthouder op kansspelen. Ze werd op 1 april 2012 opgericht en nam de taken over van het College van toezicht op de kansspelen, dat sinds 1 januari 1996 bestond. Sinds 1 januari 2016 is de KSA ook toezichthouder op de naleving van de Wwft, de wet die de controle op witwassen en terrorismefinanciering regelt. De kern van haar werk bestaat uit het verlenen van vergunningen, het toezicht op de naleving en het behandelen van signalen en meldingen.

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    Juridisch Loket juridisch advies bij een geschil
    OpenOverGokken gratis en anonieme hulp, de hele dag bereikbaar

    Tip: De KSA-website is het uitgangspunt voor actuele regels en vergunningen.

    Vergunningen verlenen en beoordelen

    Online kansspelen mogen alleen worden aangeboden door houders van een KOA-vergunning, die de KSA verleent op grond van artikel 31a van de Wet op de kansspelen. De houder moet zijn gevestigd in de EU of de EER. De Kansspelwijzer op de website van de KSA is het enige juiste overzicht van de verleende vergunningen. Wat een bezoeker van een casinowebsite in beeld krijgt, is vooral de lobby, met bovenaan een menu en daaronder rubrieken met spellen. Voor die opbouw in de praktijk kan de officiele website van Gransino worden bekeken.

    Toezicht op reclame en sponsoring

    De KSA houdt toezicht op de manier waarop aanbieders reclame maken en sponsoren. Sinds 1 juli 2023 is ongerichte reclame voor online kansspelen verboden, en sinds 1 juli 2025 mogen online aanbieders ook niet meer sponsoren, in de sport en daarbuiten. In reclame mogen geen rolmodellen voorkomen, zoals influencers, (voormalige) topsporters en modellen, en reclame mag niet gericht zijn op jongvolwassenen van 18 tot 24 jaar. Ook bonussen vallen onder de reclameregels: ze moeten volledig en duidelijk worden beschreven en mogen geen kunstmatige haast oproepen.

    De regels op een rij:

    Onderwerp
    Regel
    Sinds
    Ongerichte reclame verboden voor online kansspelen 1 juli 2023
    Sponsoring door online aanbieders niet toegestaan, ook in de sport 1 juli 2025
    Rolmodellen in reclame niet toegestaan geldt in de reclameregels

    Handhaving bij overtredingen

    Toezicht houden is meer dan regels opstellen: de KSA controleert ook of die worden nageleefd. Wanneer een aanbieder zich niet aan de regels houdt, kan de toezichthouder optreden. Dat gebeurt op basis van eigen controles en van signalen van buiten. Het instrumentarium loopt in grote lijnen van een waarschuwing tot zwaardere maatregelen, en welke stap wordt gekozen, hangt af van de aard en de ernst van de overtreding.

    Handhaving is bedoeld om de rechten van spelers en de integriteit van de markt te beschermen. Daarbij speelt mee dat de markt sinds 1 oktober 2021 formeel open is voor vergunninghouders, en dat deze aanbieders een aantal verplichtingen hebben die continu moeten worden nageleefd. Zij moeten onder meer de identiteit en de leeftijd van spelers vaststellen, CRUKS raadplegen voordat iemand wordt toegelaten en de limieten en meldingen aanbieden die de regels voorschrijven. De KSA controleert op die punten en kan ingrijpen wanneer ze ontbreken. Zo werkt toezicht als een doorlopend proces en niet als eenmalige toets bij het verlenen van een vergunning.

    De taken van de toezichthouder in drie lijnen:

    Taak
    Inhoud
    Vergunning aanvragen beoordelen en vergunningen verlenen
    Naleving controleren of de regels worden gevolgd
    Meldingen signalen over illegaal aanbod en fraude verwerken

    Welke onderwerpen de KSA voor spelers publiceert:

    • uitleg over het verloop van de markt en de belangrijkste regels;
    • de Kansspelwijzer met de verleende vergunningen;
    • informatie over het beschermen van spelers, zoals CRUKS;
    • uitleg over reclame, bonussen en sponsoring.

    Meldingen over illegaal aanbod doen

    De KSA ontvangt meldingen over illegaal aanbod en over fraude, ook anonieme. Dat maakt het mogelijk om signalen te delen zonder dat de melder zijn naam hoeft te geven. Voor klachten over een vergunde aanbieder is er geen aparte procedure bij de KSA: het eerste aanspreekpunt is de klantenservice of klachtenprocedure van de aanbieder, daarna kan zo nodig het Juridisch Loket helpen.

    Een melding verloopt in grote lijnen zo:

    1. De melder noteert de naam en het adres van het aanbod.
    2. Hij of zij beschrijft kort wat is opgevallen.
    3. De melding wordt bij de KSA gedaan, desgewenst anoniem.
    4. De KSA gebruikt de melding als signaal voor haar toezicht.

    Let op: Meldingen kunnen ook anoniem worden gedaan.

    Samengevat is de KSA de toezichthouder die vergunningen verleent, de naleving controleert en meldingen verwerkt. Daarmee vormt ze het kader waarbinnen de Nederlandse markt voor online kansspelen functioneert.

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