Dutch Regulator Issues Binding Instruction to Hillside New Media Malta Over Duty‑of‑Care Failures

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The Netherlands Gambling Authority (Ksa) has issued a binding instruction to Hillside New Media Malta Plc, operator of the bet365 brand in the Netherlands, after determining the company failed to adequately respond to signs that certain players could no longer afford their gambling activity. The regulator also found that Hillside did not take sufficient intervention measures when such risk signals appeared.

Regulator: Duty of Care Not Properly Applied

Under Dutch law, licensed gambling operators must actively protect players from excessive gambling and potential addiction. A core component of this duty of care is monitoring whether a player’s gambling behavior aligns with their financial capacity.

Policy rules require operators to conduct a means test when a player’s net monthly deposits exceed:

  • €300 for young adults aged 18–23
  • €700 for players aged 24 and older

If the operator does not perform this assessment, it must block further deposits for the remainder of the month.

Ksa Audit Finds Ability‑to‑Pay Checks Inadequate

A Ksa audit found that Hillside’s procedures fell short of regulatory expectations. Prior to March 2025, the company relied on a self‑reported income questionnaire, despite the Ksa having already informed operators that such questionnaires are not sufficient for conducting a proper means assessment.

The regulator also determined that Hillside miscalculated net deposit limits, allowing some players to deposit more than their financial situation reasonably allowed.

Hillside Ordered to Correct Failures Within Four Weeks

Under the binding instruction, Hillside must bring its duty‑of‑care processes into full compliance within four weeks. This includes:

  • Properly conducting ability‑to‑pay assessments
  • Recording and analyzing risk signals
  • Taking timely and appropriate intervention measures when affordability concerns arise

The Ksa warned that failure to comply could result in stricter sanctions, including fines or, in severe cases, revocation of Hillside’s remote‑gambling license.

Hillside Files Objection

Hillside has formally objected to the binding instruction, initiating the available legal remedies process.