Memorandum of Understanding between
the Kansspelautoriteit and the Gambling Commission
1. Introduction
1.1 This Memorandum of Understanding (“MoU”) establishes a proposed framework for cooperation and the broad principles of collaboration between the Kansspelautoriteit (Netherlands Gambling Authority) and the Gambling Commission (the “Commission”), collectively referred to as “the parties” throughout this document.
1.2 The shared aims of those signing this MoU are to enable closer working between the parties to assist them in discharging their respective regulatory functions and duties.
1.3 Considering article 34m (1), of the Netherlands Betting and Gaming Act, the Chairman of the Kansspelautoriteit, cooperates with other authorities who are entrusted with supervision of the gambling laws in their state or jurisdiction, as far as necessary for fulfilling its task based on the law. Such cooperation may only take place on the basis of a signed agreement by Chairman of the Kansspelautoriteit.
1.4 This MoU is a statement of intent that does not give rise to legally binding obligations on the part of either the Kansspelautoriteit or the Commission. The arrangements set out in this MoU are subject to what is permitted and required by law. It has been determined that no information sharing is required at this time, and that any future sharing of information, whether commercial information or personal information will be subject to a separate agreement. This position will be kept under regular review.
2. The role and function of the Kansspelautoriteit
2.1 The Ksa is an independent governance body and is the supervisor and regulator of games of chance in the European part of the Kingdom of the Netherlands. The Ksa is funded by the industry through gaming levies.
2.2 The Ksa has a threefold task:
- protecting and informing consumers;
- prevention of illegal and criminal practices;
- prevention of gambling addiction.
2.3 The Kingdom of the Netherlands consists of four countries, The Netherlands, Aruba, Curacao, and St. Martin. Concerning gambling policy, every country maintains and regulates for itself. The Kansspelautoriteit is therefore not responsible for regulation and supervision in the Caribbean part of the Kingdom.
3. Functions and powers of the Gambling Commission
3.1 The Commission is an independent, non-departmental public body, sponsored by the Department for Culture, Media and Sport. Under the Gambling Act 2005 the Commission regulates all commercial gambling in Great Britain, apart from spread betting, in partnership with local Licensing Authorities. The Commission also has powers to prosecute criminal offences under the Gambling Act 2005.
3.2 The Commission has a statutory obligation to permit gambling insofar as it is consistent with the pursuit of the licensing objectives, which are to:
- prevent gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime
- ensure that gambling is conducted in a fair and open way; and
- protect children and other vulnerable persons from being harmed or exploited by gambling.
4. Principles of cooperation
4.1 Subject to any legal restrictions on the disclosure of information (whether imposed by statute or otherwise) and at their discretion, the parties may:
- Communicate regularly to discuss matters of mutual interest (this may involve participating in multi-agency groups to address common issues and threats); and
- Consult one another on any issues which might have significant implications for the other organisation.
4.2 The parties will comply with the general laws they are subject to, including, but not limited to, local data protection laws; the maintenance of any prescribed documentation and policies; and comply with any governance requirements in particular relating to security and retention, and process personal data in accordance with the statutory rights of individuals.
4.3 The request for cooperation is sent to the requested Authority in the form of a written notice.
4.4 Requests have to be submitted in English.
4.5 Any request is met with a first response in four weeks.
4.6 The requesting Authority clearly defines the requested information by specifying the required data as well as the purpose for which it will be used. It also specifies the legal basis that gives it the authority to process the data.
4.7 The shared information cannot be used for other purposes than those agreed in the initial request.
4.8 Information can only be provided if the confidentiality of the data is sufficiently guaranteed.
4.9 Notwithstanding the provisions of Articles 4.3 to 4.8 of this Agreement, the receiving party can deny a request for information in case of unforeseen circumstances or compelling reasons. The receiving party shall justify such a decision.
5. Duration and review of the MoU
5.1 This MoU enters into force on the date of signature for both parties.
5.2 The parties will monitor the operation of this MoU and will review it biennially.
5.3 Any changes to this MoU identified between reviews may be agreed in writing between the parties.
5.4 Either party may bring this MoU to an end by giving 30 days' notice in writing to the other party.
5.5 Any issues arising in relation to this MoU will be notified to the key contact for each organisation as listed at article 7.1.
6. Publishing Information on Our Website
6.1 As part of the parties’ commitment to transparency, the MoU or the details of this MoU such as the name of the organisations and the date the MoU was signed may be published on each party’s website.
6.2 If either party has any objections to the publication of this MoU please inform the key person detailed below at article 7.1.
7. Key contacts
7.1 The parties have both identified a key person who is responsible for managing. The key person can be reached via:
- Kansspelautoriteit – International@kansspelautoriteit.nl
- The Gambling Commission – Tim Miller, Executive Director of Research and Policy
7.2 The organisations will maintain an open dialogue between each other in order to ensure that the MoU remains effective and fit for purpose. They will also seek to identify any difficulties in the working relationship, and proactively seek to minimise the same.
Signature
The duly authorised representatives of the parties whose signature* appears below sign this MoU.
On behalf of the Kansspelautoriteit being duly authorised
Name: in his/her capacity as the
Signature: ___________________ Date: ______________________
On behalf of Gambling Commission being duly authorised
Name: in his/her capacity as the
Signature: ___________________ Date: ______________________
* The signed agreement can be found under the following link (pdf, 158 kB).