Dutch gambling regulator Kansspelautoriteit (KSA) has imposed a binding order on Bet365 operator Hillside after it failed to comply with certain duty of care requirements.
The regulator ruled on the case in November but only made its decision public this week. It said Hillside did not “adequately” respond to signals players may no longer be able to afford their gambling.
The period in question ran from 6 December 2024 to 6 June 2025, with KSA saying Hillside failed to apply appropriate interventions. Dutch licensees are expected to treat it as a risk signal when a customer’s net deposits reach 30% or more of their monthly net income in a calendar month.
Hillside criticised over deposit limits
Setting out its findings, KSA highlighted three core failings. Firstly, it said Hillside conducted affordability checks using self-completed player questionnaires rather than evidence documents that were “sufficient, correct and verifiable”. This, it said, may have left the operator short of details on certain at-risk players.
“Those players showing signals of problematic participation or gambling addiction risk will want to avoid having their gambling behaviour limited,” KSA said. “A single statement from the player is therefore not sufficient.”
KSA acknowledged how Hillside did use supporting documents in some cases. However, the Bet365 operator set net deposit limits above the 30% monthly net income affordability benchmark. Some limits ranged from 31.82% up to 103.12% of monthly net income.
The regulator also raised concerns about how Hillside failed to set any net deposit limit for at least one customer. This, it said, occurred between October 2024 through to March 2025, but did not say how many users were impacted.
What does the binding order include?
As a result, KSA ordered Hillside to register and analyse affordability risk signals among its customers. It also told the operator to follow up by conducting affordability checks using evidence documents.
Hillside was given four weeks to comply with the binding order.
The regulator also pointed to earlier engagement with Hillside over duty of care. KSA said it contacted the operator in early 2025 to clarify net deposit limits should only be increased following affordability checks supported by objective evidence.
KSA added “those players showing signals of problematic participation or gambling addiction risk will want to avoid having their gambling behaviour limited”, warning “a single statement from the player is therefore not sufficient”.
Hillside hits back over regulatory ruling
In response to the decision, Hillside based its defence on lack of clarity around the Dutch legal gambling framework. It said that, in its current format, it can be interpreted several ways.
Setting out its standpoint, Hillside said it could meet the same affordability requirements through “triangulation”. This, it added, could be achieved by cross-checking player-provided information against publicly available sources.
However, KSA rejected this approach. It repeated its stance that affordability checks must be supported by verifiable evidence documents.
“The affordability check must be based on evidence documents and be sufficient, correct and verifiable,” it said.
KSA added that it elected to publish the decision in the public interest. It made reference to transparency, player protection and how this case could deter other licensees from making similar errors.
Continuing crackdown from KSA
This is not the first time Hillside and Bet365 have faced regulatory action in the Netherlands. In March 2023, Hillside was fined €400,000 for breaching rules on targeting adverts at young adults.
Away from Hillside, KSA has issued several sanctions in recent weeks as part of its ongoing crackdown on licence breaches and illegal activity. Among these was Starscream, which was ordered to pay €4.2 million for illegally offering online gambling in the country without a licence. This came after Starscream was warned to cease all operations in the country or risk a penalty.
This week, KSA also pledged to “intensify” its efforts to tackle illegal gambling. It set out how it intends to work more closely with licensed operators, other regulatory organisations and additional industry stakeholders.
KSA said the Bet365 operator set net deposit limits above the 30% monthly net income affordability benchmark.