Dutch regulator orders bet365 to strengthen affordability checks

• The Kansspelautoriteit issued a binding instruction to Hillside (New Media) Malta for failing to adequately respond to signals that players could no longer afford their gambling activity.
• The operator used unsuitable questionnaires for affordability assessments and incorrectly calculated net deposit limits.
• Hillside has four weeks to comply with the instruction or face further sanctions including fines or licence revocation.

The Kansspelautoriteit (KSA) has ordered Hillside (New Media) Malta to strengthen its duty of care obligations after finding the bet365 operator failed to adequately protect players from gambling beyond their financial means.

The binding instruction, issued on 13 November 2025 and published on 22 January 2026, requires the operator to implement proper affordability checks and take appropriate intervention measures when players show signs they can no longer afford their gambling activity.

Unsuitable methods and incorrect calculations

The KSA found that Hillside did not adequately respond to signals indicating players might be unable to bear the financial consequences of their gambling behaviour.

Before March 2025, the operator asked players to complete a questionnaire about their income to determine whether they could afford higher deposit limits.

However, the KSA had already informed gambling providers in early 2025 that a questionnaire is not suitable for conducting a proper affordability assessment. The regulator expects operators to use more robust verification methods.

The investigation also found that Hillside calculated net deposit limits incorrectly. This meant players could deposit more money than they could afford based on their financial situation.

Under Dutch regulations, operators must check whether players can afford to deposit more than €300 per calendar month for those aged 18-23, or €700 per month for those aged 24 and older. If an operator does not conduct this check, it must block further deposits for the remainder of the month.

Operator disputes allegations

Hillside has strongly contested the regulator’s findings and lodged a formal objection.

A spokesperson for bet365 told SBC Media:

“bet365 does not recognise the allegations made by the Kansspelautoriteit. bet365 places customer safety at the forefront of its activities, and takes gambling protections extremely seriously. We will continue defending this matter through the proper legal process, and remain confident that the allegations will be found to be unsubstantiated.”

Despite the objection, Hillside must comply within four weeks of the instruction date. The operator must implement adequate systems to register and analyse signals that may indicate a player can no longer afford the financial consequences of their gambling behaviour.

If Hillside fails to comply, the KSA may impose administrative fines or revoke the operator’s licence to offer remote gambling services in the Netherlands. Hillside holds a licence valid until 30 September 2026 to operate online gambling under the bet365 brand in the Dutch market.

Continued regulatory pressure

This enforcement action reflects the KSA’s continued focus on ensuring licensed operators meet strict player protection standards.

The Hillside case forms part of a broader pattern of intensified enforcement by the KSA. The regulator recently fined Unibet €4 million for failing to protect players, marking one of the largest penalties issued in the Dutch market.

In December 2025, the KSA imposed fines totalling €4.98 million on two operators for duty of care violations. The regulator also made public a €400,000 fine for Joi Gaming over role model advertising breaches.

The KSA has signalled that its enforcement efforts will expand in 2026. The regulator plans to target B2B suppliers alongside operators, holding software providers accountable for enabling unlicensed gambling in the Netherlands.

The regulator has also launched a streamlined governance model for 2026, aimed at improving efficiency whilst maintaining strict oversight. Additionally, the KSA introduced a new licence category for skill-based gaming machines, expanding the regulatory framework beyond traditional gambling products.

These developments come as the Dutch illegal gambling market outpaced the regulated sector for the first time, raising concerns about channelisation rates. The trend has prompted the KSA to intensify both its enforcement against unlicensed operators and its scrutiny of licensed operators’ compliance with player protection standards.

The outcome of Hillside’s legal challenge may influence how other regulators and operators approach affordability requirements across Europe as regulatory scrutiny of duty of care implementation continues to intensify.