| Item | Top level assessment |
| Can you run prize draws in the Netherlands/Holland? (i.e. chance based promotion) | Yes (with some limitations) |
| Can you run competitions in the Netherlands/Holland? (i.e. skill based promotion) | Yes |
| Is local registration required? | No |
| Is regionalisation/translation required? | No (but recommended) |
| Are there restrictions on prizes? | Yes |
| Can you run purchase necessary prize promotions in the Netherlands/Holland? | Yes |
| Compliance feasibility and cost | Highly feasible, medium cost |
Running a Prize Draw or Competition in the Netherlands/Holland (Laws, Rules and Regulations)
Running a prize promotion campaign in the Netherlands is relatively straightforward but special attention should be paid to this territory as the Netherlands as a number of specific requirements and limitations, particularly for higher value promotions. It is important to ensure that any campaign is strictly compliant with Dutch requirements. The Code of Conduct for Promotional Games of Chance or Gedragscode Promotionele Kansspelen is important to observe and comply with.
Dutch Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)
Prize draws are allowed in the Netherlands, but they are subject to a number of restrictions, primarily based on the value of the prize(s) on offer:
Promoters may not run promotions where the total prize value exceeds E100,000.
Promoters may run large promotions not exceeding E100,000 (value of prizes E4500-E99,999) once per year per company/brand/product. There may be up to 20 random draws for winners during this period (there is no restriction on the number of winners selected per draw, only the number of draws conducted).
Promoters may run small promotions with prize values under E4500 any number of times in a year with an unlimited number of random draws for winners.
Games of chance of all types are subject to certain rules under the Gedragscode Promotionele Kansspelen, such as:
The declaration that the promotion is run in accordance with the Gedragscode Promotionele Kansspelen
The rules around the “Kansspelbelasting” or gaming tax
The description of a complaints procedure where required
Dutch Competitions and Contests (Skill Based Promotion)
Skill based promotions are allowed in the Netherlands. Winners must be selected by a jury of judges on an impartial basis, based on set criteria which has been communicated to entrants.
Chance or random draw should not in any way be involved in a skill based promotion, otherwise it may be considered a game of chance.
Purchase Necessary Promotions in the Netherlands
Purchase necessary promotions are allowed in the Netherlands.
Promotional products should be the same price as non promotional products of the same type, otherwise it could be considered that the promotion is requiring payment to enter.
Dutch Prize Restrictions
Prize values for games of chance are limited to the rules outlined above.
Prizes must be legal, recipients must be able to legally accept (e.g. children and alcohol or tobacco).
Data Protection in the Netherlands (GDPR)
The Netherlands operates a fairly standard regime of opt-in or soft opt-in for 1st party consent and opt-in for 3rd party consent.
See our GDPR opt in rules by country.
Other Dutch Compliance Requirements
Terms and conditions should be clear and unambiguous.
If a promotion is aimed at or allows entry of children, parental consent must be obtained.
It is important to observe the “Kansspelbelasting” or gaming tax for games of chance where prizes exceed E449 in value. The rate of tax has increased more than once in the last few years so it is worth checking exactly what the rate is at the time of your promotion. The tax can be paid by the promoter or the winner, though it is generally the case that promoters pay the Kansspelbelasting on behalf of the winner. It is important to make clear in the terms and conditions who is due to pay the tax.
No taxes apply for prizes under E449.
The Gedragscode Promotionele Kansspelen has a number of unique requirements in Europe (such as the need for an official complaints procedure). Many of these requirements only apply to “large games of chance” but it is often advisable and considered good practice to apply them even for small games of chance.
Our view on the Netherlands for Prize Promotions
The Netherlands is a major European market that does not require registration or bonding. It remains highly feasible and a worthy inclusion to an international promotion, but restrictions on prize draws mean it may impact the calendar of high value promotions (large games of chance can occur once a year). The requirements of The Gedragscode Promotionele Kansspelen and Kansspelbelasting should be carefully applied. Skills promotions are less problematic. Get in touch to make sure you’re running a promo on the right side of the rules and laws in the Netherlands.
Disclaimer: The information on this page and individual country summary pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.