Netherlands – Publication of Advertising Code for Online Games of Chance 2021 – Lexology

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Relationship between ROK and RVK
The RVK, which came into force in 2015, partly covers the same subject matter as the ROK. For example, both advertising codes contain similar provisions regarding unfair advertising, responsible participation, cooperation of participants in advertising and vulnerable groups. It is not surprising that these advertising codes contain similar provisions, since they are both based on the same legal framework[1]. Yet there are also important differences. The provisions of the ROK are often more detailed and go further than the RVK, as explained below.
The ROK provides for the situation that an advertisement relates to both online games of chance and other games of chance. In this situation, both the ROK and the RVK apply. In addition, several ROK provisions also always apply to other games of chance. These are the above-mentioned additional provisions[2] and specific provisions with respect to the prohibition of reaching an audience of more than 25% consisting of minors and young adults.
A number of remarkable ROK provisions highlighted
Bonuses (paragraph 5)
Channels: Restraint (paragraph 8)
Channels: Vulnerable Groups of Persons (paragraph 9).
Position in the chain (paragraph 12)
Effective date and transitional period
The ROK came into force on 15 December 2021 and is initially valid until 1 March 2023. For certain articles there is a transition period until 1 February 2022, namely for:
Concluding remarks
The establishment of the ROK has been subject to much debate and the discussion on advertising for online games of chance continues. The subject is socially and politically sensitive. With the ROK, market parties and the SRC have made an attempt to address societal concerns.
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