Is Online Gambling Legal in the Netherlands? The Ksa's Record €37m EOD Code Fine

What the Ksa decided

The Ksa found that EOD Code broke the core prohibition in the Betting and Gaming Act (Wet op de kansspelen): offering games of chance without a licence. The fine decision, dated 6 October 2026, records that Ksa investigators could open an account with Dutch details, deposit money and play casino games and sports bets on instantcasino.com on five dates between November 2024 and July 2025, and again in July 2026 through a mirror address. Eleven further sites run by the same company were also open to Dutch players.

Instantcasino stated that EOD Code was registered and regulated in Costa Rica, with disputes reserved to the courts of Curaçao. That offshore set-up made no difference: the decision treats offering to the Dutch market without a Dutch licence as prohibited without exception. EOD Code did not respond when invited to comment, or when asked for turnover data.

How the €37.25m fine was calculated

The Ksa estimated EOD Code's Dutch revenue using its search volume method, which infers gross gaming revenue (stakes minus prizes paid) from how often the sites are searched for. Under the 2026 fining policy for illegal remote gambling, where gross gaming revenue is €800,000 or more, the basic fine is 100% of that figure, raised for aggravating factors. The Ksa added 170 percentage points, including 50 for missing age verification, 20 for prohibited bets, 10 for crypto deposits and 50 for unfair terms, such as a right to keep a self-excluded player's balance.

Step	Figure
Estimated Dutch gross gaming revenue, 2025	€108,374,000
Basic fine plus aggravating factors	100% plus 170 points, so 270%
Uncapped fine	€292,600,000
Estimated worldwide gross gaming revenue, 2025	€372,989,000
Statutory cap: 10% of turnover	€37,298,900
Fine imposed (rounded down)	€37,250,000

The cap comes from Article 35a of the Act. In April 2026 the Council of State, in a ruling on a €12.64m fine against N1 Interactive, confirmed that "turnover" means worldwide turnover, not Dutch revenue alone. That is what allowed a fine of more than a third of the estimated Dutch revenue. The court added a safeguard: the cap is only a ceiling, and it reviews in full whether each fine actually imposed is proportionate.

Is online gambling legal in the Netherlands for offshore operators?

No, not without a Dutch licence. Licensed online gambling has been possible since 1 October 2021, and anyone else who gives Dutch residents the chance to play breaks the Act. The decision shows the signals the Ksa uses to decide that a site targets the Netherlands:

• Access. No technical block on Dutch IP addresses or Dutch account details.
• Local presentation. "The Netherlands" pre-filled at sign-up, the +31 code, and Dutch-language payment steps and support.
• Local payments. iDEAL and options naming ING, Rabobank and ABN AMRO, alongside cryptocurrency.
• Marketing. Dutch influencers promoting skyhills.com on Instagram, YouTube and Discord, and Dutch-language TikTok videos.

A foreign licence, such as a Costa Rica registration, does not help. The same territorial logic runs through other online markets we have covered, from the legality of prediction markets to EU crypto licensing under MiCA.

Why it matters for cross-border businesses

The fine reaches beyond one offshore casino. First, the escalation was predictable: the Ksa had already issued an order subject to penalty payments of €280,000 a week, and ordered recovery of the €840,000 forfeited when EOD Code ignored it. Second, refusing to share data does not limit exposure, because the regulator will estimate it, and the worldwide cap means a large international group cannot point to modest Dutch revenue.

Third, the Ksa says it works with payment service providers, hosting firms, banks and large technology companies to cut off illegal supply. Payment firms already face scrutiny over customer funds, as the Coinbase safeguarding fine in Ireland showed, and the crypto element echoes the money laundering concerns behind the Bank of America penalties.

What to do now

• Operators without a Dutch licence: geo-block Dutch IP addresses and account details, remove Dutch payment methods and language, and list the Netherlands as excluded in your terms.
• Payment providers and banks: check whether merchants offering iDEAL or Dutch bank options hold a Ksa licence.
• Affiliates and influencers: stop promoting unlicensed sites to Dutch audiences; the decision notes orders against influencers who did.
• Groups with any Dutch exposure: answer Ksa information requests, because silence leads to an estimate.

When to get local advice

Get Dutch regulatory advice before launching or marketing any gambling, betting or prize product reachable from the Netherlands, and immediately if you receive a Ksa letter. EOD Code has six weeks from notification to object, and objecting does not suspend the fine. Our directory lists regulatory and public law advisers, gaming law specialists, advisers in the Netherlands and Dutch dispute resolution lawyers. Looking for legal or business advice? Use the enquiry form on those pages to describe your matter and be matched with a suitable adviser.

Frequently asked questions

Is online gambling legal in the Netherlands?

Yes, but only through operators licensed by the Ksa. Licensed online gambling has been allowed since 1 October 2021. Offering games of chance to people in the Netherlands without a licence breaches Article 1 of the Betting and Gaming Act and can lead to fines and orders subject to penalty payments.

Why was EOD Code fined?

EOD Code SRL offered online casino games and sports bets to Dutch players on twelve sites, including Instantcasino and Skyhills, without a Dutch licence. It kept doing so after an order subject to penalty payments, and the sites lacked visible age verification and accepted cryptocurrency.

How did the Ksa calculate the fine without company figures?

EOD Code ignored a data request, so the Ksa used its search volume method to estimate 2025 gross gaming revenue: €108.4m from the Netherlands and €373m worldwide. It then applied its 2026 fining policy to the Dutch figure.

Why was the fine not €292.6m?

The policy produced €292.6m, but Article 35a caps a fine at 10% of turnover in the preceding financial year. Using estimated worldwide revenue, the cap was €37,298,900, so the Ksa reduced the fine to €37,250,000.

What shows that a gambling site targets Dutch players?

The Ksa looks at the whole picture: whether Dutch residents can register and pay, Dutch language on the site or in support, the Netherlands pre-selected at sign-up, Dutch payment methods such as iDEAL, and marketing aimed at Dutch audiences, including through influencers.

Can EOD Code challenge the fine?

Yes. It can lodge an objection with the Ksa within six weeks of notification, and later appeal to the courts. An objection does not suspend the decision, so the fine remains payable unless a court grants interim relief.

Sources

1. Kansspelautoriteit: Record fine of €37 million for EOD Code (22 October 2026)
2. Kansspelautoriteit: Fine decision against EOD Code SRL, public version (6 October 2026)
3. Kansspelautoriteit: EOD Code SRL decisions, including penalty payment recovery (2025 to 2026)
4. Wet op de kansspelen (Betting and Gaming Act), wetten.overheid.nl
5. Boetebeleidsregel illegaal aanbod kansspelen op afstand 2026, Staatscourant 2026, 26354
6. Raad van State: ECLI:NL:RVS:2026:2302, N1 Interactive (22 April 2026)
7. Kansspelautoriteit: Player protection research and search volume method (14 February 2025)

About this article

This news report was researched and written by The Corporate INTL Newsroom, which covers cross-border legal, regulatory and business developments for lawyers, professional advisers and financiers in over 150 jurisdictions. It has been checked against the Ksa's announcement and published fine decision, the Betting and Gaming Act, the Ksa's 2026 fining policy and the Council of State's April 2026 ruling. The fine could still be challenged at the time of writing. This article is general information, not legal advice; for advice on a specific matter, consult a qualified adviser. Last reviewed 26 October 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to Corporate INTL.