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KSA Updates Online Gambling Means Testing Guidelines

by Sienna Marques
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KSA Updates Online Gambling Means Testing Guidelines

The Dutch Gaming Authority (KSA) has issued updated guidance to clarify the statutory means test framework for online gambling players. This revision comes after inspections revealed persistent issues despite some improvements in the sector.

The new guidelines specify how operators should evaluate players' financial readiness to handle higher deposit limits under the Netherlands' responsible gaming regulations. Since October 2024, licensed online gambling operators have needed to conduct a means test whenever players wish to deposit above designated monthly limits: €300 for those aged 18 to 24 and €700 for players aged 24 and older.

This means test aims to prevent individuals from gambling beyond their financial means and is an essential part of the KSA's “duty of care” framework introduced in 2024.

The revised guidance, released this week, addresses ambiguities in the earlier guidance issued in February 2025. Notably, it states that monthly deposit limits must reflect only players' structural income, which is their regular, recurring income. This means that factors such as liquid assets—savings, business resources, home equity—and one-off payments, such as bonuses or gifts, should not be included as regular income when assessing a player's financial capacity.

The KSA pointed out that misleading language in the initial guidance had led some operators to incorrectly consider these non-recurring assets, thereby inflating deposit limits.

After the initial guidelines were released, the KSA conducted compliance checks on 20 license holders and found ongoing non-compliance alongside some procedural weaknesses. Measures taken in response have included ten improvement interviews, three formal warnings, and one binding instruction. The KSA has committed to maintaining focused supervision and further oversight to ensure adherence to the updated standards.

An original report from October showed that support for the deposit limits has increased among 1,507 respondents, rising from 76% two years ago to 82% now.

In addition to clarifying best practices, the updated guidance presents specific examples of positive practices operators might adopt. These include prohibiting operators from voluntarily increasing deposit limits beyond €300 for young adults regardless of their declared income and using a lower net income proportion than the standard 30% to calculate safe spending limits for low-income players. Operators are also encouraged to permit one-off deposits that exceed a player's limit before the imposition of a fixed cap of €300 or €700 if the necessary means test has not been processed.

The guidance emphasizes the critical need for operators to document the calculations used to set net deposit limits thoroughly and maintain this information in player records. It suggests using multiple recent payslips or averaging pay over a period to determine a player’s monthly income capacity accurately.

Conversely, the updated guidance outlines 13 “bad practices” that operators should avoid. These include accepting income declarations from players without verification and imposing bonus restrictions for an insufficient period following a deposit limit intervention. Common calculation errors also come under scrutiny, such as inflating a player’s net income by considering only their highest payslip instead of averaging multiple payslips. The guidance also warns against treating liquid assets, partner income, loans, or earmarked social benefits as part of structural income.

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