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Do you want to organise a betting game or a lottery? Or do you plan to organise a Like&Win promotion to promote your business or product? There are rules to observe, you may need a permit and you may have to pay betting and lottery tax.
What is a game of chance?
Some examples of games of chance:
- gaming machines
- games of bingo
- betting (in Dutch)
- games of poker (in Dutch)
- online games of chance, also known as remote gambling (the computer determines the outcome of the game. Currently, it is illegal to organise remote gambling in the Netherlands, but new legislation is underway)
- like&win promotions
There are 2 types of games of chance:
- The player has no influence on the outcome of the game. Coincidence decides who the winner is. For instance, a lottery or a game of bingo.
- Competition, where the player has influence on the outcome. For instance, solving a puzzle or participating in a quiz.
Paying betting and lottery tax
In games where the prizes exceed a value of €449, the winner or the organiser of the game has to pay betting and lottery tax.
You need a permit to operate gaming machines or an amusement arcade. Many games of chance are illegal, or can only be organised by a few selected permit holders, like Holland Casino, the Staatsloterij and the Lotto. It is still illegal to offer online games of chance. However, an outline for future applications for Remote Gambling is under development.
Games of chance advertising regulations
The promotion and advertising activities for your games of chance are subjected to strict rules, laid down in the Advertising Code for Games of Chance (see online pdf The Dutch Advertising Code). For instance, you are not allowed to create the impression that people can win just by entering the competition.
Permit for organising a shopping week promotion
You need a permit if you want to organise a shopping week promotion in the Netherlands. A shopping week promotion is a lottery in which you and at least 9 other SME retailers issue free tickets to customers. You can obtain a permit for organising a shopping week promotion by contacting the Netherlands Chamber of Commerce (KVK).
Occasional lottery permit
To organise an occasional lottery, you must apply for a permit. You have to spend the proceeds from the lottery on a cause of general interest. If the value of the total prize package is below €4,500, you apply to the Netherlands Gaming Authority (Kansspelautoriteit, Ksa).
Only Dutch associations are allowed to organise a game of bingo. To do so, they do not need a permit, but they do have to meet several conditions. For instance, they must report their plans at least 14 days in advance to the municipality where the bingo will be held. There is a fixed maximum total amount of prizes per event. As organiser of promotional games of chance, you must comply with the conditions of the Code of Conduct for Promotional Games of Chance.
Do you want to organise a promotional game of chance to promote your business, product or service, for instance a like&win promotion? You do not need a permit, but you must comply with the conditions of the Code of Conduct for Promotional Games of Chance (online pdf).
Changes in rules on charity lottery money
As of 1 January 2020, the minimum percentage of money that charity lotteries have to give to the charity from its takings will be lower. The minimum amount is to drop from 50% to 40%.