Binding instruction issued to Hillside New Media Malta
22 Jan 2026
Duty of care
Gambling providers have a duty of care and must protect players as much as possible from excessive gambling and gambling addiction. A key element of this duty of care is actively monitoring players' gambling behavior, such as checking whether this behavior is proportionate to their financial situation. Therefore, there are policy rules for net deposits per calendar month: for amounts exceeding €300 (young adults aged 18-23) or €700 (aged 24 and older), a provider can perform a means test to determine an appropriate net deposit limit. This test checks whether a player can deposit more money without encountering financial difficulties. If the check is not performed, the provider must block deposits for the remainder of the month.
Capacity to pay tests insufficient
The Netherlands Authority for Consumers and Markets (Ksa) has audited how Hillside fulfills this duty of care. This audit revealed that Hillside has not adequately fulfilled its duty of care. For example, before March 2025, Hillside asked players to complete a questionnaire about their income. The Ksa already informed gambling providers in early 2025 that a questionnaire is not suitable for conducting a means assessment. It was also found that the calculation of the net deposit limit was performed incorrectly. This allowed players to deposit more than they could possibly afford based on their financial situation.
Binding instruction
Hillside must now comply with its duty of care within four weeks of the date of the instruction by adequately completing the ability-to-pay test. This means that the company must, in the manner prescribed by the Ksa, record and analyze signals that may indicate that the player can (possibly) no longer afford the financial consequences of their gambling behavior and must then take appropriate intervention measures. If Hillside fails to comply with the instruction, stricter sanctions may follow, such as a fine or, in extreme cases, even the revocation of its license to offer remote gambling in the Netherlands.
Legal remedies
Hillside has objected to the binding instruction.
Binding instruction issued to Hillside New Media Malta
is republished from iGamingNews.com.
