Justin Franssen, a partner at Franssen Tolboom Attorneys at Law, criticized the Dutch gambling regulator for failing to take legal action against Meta and other platforms that host illegal gambling advertisements. During a panel discussion at the SBC Summit on Wednesday, Franssen expressed disbelief that the regulator, supported by substantial funding from operators, claims to lack enforcement capabilities. "It’s absolutely incomprehensible that we have a regulator that is paid a serious amount of money by the operators and continues to complain that it doesn’t have enough enforcement capabilities," he stated, referring to the theme of the panel titled "The Dutch Dilemma: Deposit Caps, Ad Bans and the Black-Market Boom."
Franssen highlighted a specific section of Dutch gambling legislation, which was broadened to not only prohibit advertising for illegal gambling but also actions that facilitate it. He remarked, "To me, what Meta and others are doing is pure facilitation. Why are they not stepping up?"
The responsibility for enforcement, according to Franssen, has now shifted to the industry itself. The Dutch online gambling trade association, VNLOK, has sued Meta, while Nederlandse Loterij has initiated civil actions against the unlicensed gambling operators Lalabet, with a lawsuit set in March 2025, and Qbet, with its case in April 2026. The organization successfully triumphed against Lalabet in June.
Franssen also criticized a recent motion discussed in the Dutch parliament that suggested the KSA should only take action if Meta fails to respond to requests to remove such advertisements. "Well, it already can. It just isn’t doing so," he said dismissively.
VNLOK chairman Björn Fuchs echoed these sentiments. "It was really astonishing to read the gambling authority state in a national newspaper that it would rather talk and cooperate with Meta because that would be more effective in the long term," he remarked. He insisted, "We’ve seen the last five years; it doesn’t add up."
Following the panel discussion, Fuchs told iGB that VNLOK decided to pursue legal action after Meta's responses to their dialogue were merely automated replies. The trade association is urging a Dutch court to compel Meta to comply with the EU Digital Services Act (DSA).
Fuchs expressed confidence in their case, noting a shifting perspective towards the tech giant. He stated, "Who would have thought, five or ten years ago, that Meta would be charged in the US with being addictive at its core?" He drew comparisons with France and Germany, where civil courts have held Meta accountable for running illegal gambling advertisements. Fuchs anticipates that Meta might seek to move the case to Dublin, the hub for its EU operations.
He pointed out the challenges posed by AI-generated ads and automated accounts, contributing to the regulatory gap in the industry. A recent Dutch study found that ten leading AI assistants, including Meta AI, identified at least one unlicensed operator, with three indicating unlicensed sites as if they were legal. Notably, Microsoft Copilot produced a list entitled "Top 50 legal casinos," which included unlicensed brands, suggesting they were KSA-licensed.
Despite these issues, Fuchs remains optimistic about future developments, stating, "And with the DSA in place, I believe the European courts are also moving in that direction."
In June, VNLOK lodged a formal complaint with the European Commission as its legal proceedings commenced and confirmed ongoing discussions with Brussels. Fuchs described offshore operators that hold licenses as being on "a small island," which utilize cloaking and temporary ads to target regulated markets akin to a "criminal organization." He suggested further involvement from organizations such as Interpol, noting the significant barriers present. He asserted, "So let’s first make sure the gambling authorities in all our countries join forces and identify the common problems and common denominators."
Fuchs stated that VNLOK collaborates with trade associations from Denmark, Sweden, Germany, the UK, France, and Spain. He contended that regulatory bodies are not keeping pace with current challenges. "At gambling-authority level, it should be much higher. Meta is a European problem," he said, expressing confidence that evidence is accumulating at the European level for decisive action to follow in the field of gambling regulation.
A summons related to the case was served at the Amsterdam District Court, but no hearing date has been confirmed yet. An initial dispute over jurisdiction may further delay proceedings.
