The Netherlands Gambling Authority (KSA) has rejected objections filed by Hillside New Media Malta Plc, which operates under the bet365 trading name in the Netherlands, against a binding instruction concerning its duty of care towards players.
The regulator imposed the instruction in November 2025 after examining player files and concluding that Hillside had failed to respond adequately to indications that some customers might no longer be able to financially sustain their gambling.
The order was published in January after the District Court of The Hague rejected Hillside's request for interim relief intended to prevent publication while its objections were considered.
Hillside challenged both the binding instruction and the decision to publish it. The bet365 operator argued, among other points, that KSA's responsible gambling policy did not require affordability assessments to be supported by documents such as payslips or tax returns. It also disputed the regulator's interpretation and application of the relevant player protection requirements.
KSA has now rejected the objections, maintaining that the binding instruction was lawful. It also dismissed Hillside's arguments concerning legal certainty, proportionality and the regulator's powers.
The regulator additionally upheld its publication decision and rejected Hillside's request for reimbursement of legal costs. Hillside can appeal the decision through the administrative courts.
The dispute comes amid increased scrutiny of affordability checks in the regulated Dutch online gambling market. Since October 2024, operators have faced financial affordability requirements when monthly net deposits exceed €300 for young adults or €700 ($819) for players aged 24 and above.
Where those thresholds are reached, operators must establish whether the player can financially sustain further gambling. Restrictions can be imposed where sufficient financial capacity cannot be demonstrated.
KSA has continued reviewing how licensees implement those requirements. In July 2026, the regulator updated its guidance following an assessment of affordability checks conducted by 20 licence holders, addressing areas including the evidence operators use when determining players' financial capacity.
Hillside has operated bet365 in the regulated Dutch online market since its launch in October 2021, offering both online casino and sports betting.
The enforcement decision comes as concerns around vulnerable Dutch players also extend to the illegal market. KVA this week identified a website resembling the national suicide prevention service that directed visitors towards unlicensed gambling operators offering large bonuses and gambling without betting limits.
KSA's original instruction required Hillside to bring its affordability assessment and intervention procedures into compliance within four weeks
