KSA Issues Binding Instruction to Endorphina Over Dutch Access to Unlicensed Sites
The Dutch regulator KSA ordered Endorphina's Malta and Cyprus entities to stop its slots promoting unlicensed gambling, with a two-week compliance window.
The Dutch gambling regulator Kansspelautoriteit (KSA) has issued a binding instruction to slot supplier Endorphina, covering Endorphina Limited in Malta and Endorphina Ltd. in Cyprus, in a decision dated 19 October 2026 and made public on 2 November 2026.
The KSA, the Netherlands Gambling Authority, says Endorphina did too little to stop its games appearing on gambling sites that are illegal in the Netherlands. The regulator treats that failure as promoting unlicensed gambling. The decision carries reference 23210.001/01.414.929 and was signed by P.J.H. Benner, team manager supervision.
What the KSA ordered
Endorphina must, within two weeks of the decision date, take adequate measures against promoting unlicensed gambling in the Netherlands and report back to the KSA. Because the two weeks run from 19 October, the period ended around 2 November, the day the KSA published the decision.
The order does not prescribe one fix. The decision says Endorphina may use technical measures and contract terms with customers and distributors. The test is the outcome: Dutch players must not be able to take part on sites without a KSA licence. The regulator adds that the fix needs no large or complicated technical changes.
This is a binding instruction (bindende aanwijzing), not a fine. The decision describes the tool as suited to cases where a violation exists but a sanction is not yet appropriate, for example because the supplier may not know all the facts.
The legal basis
The case rests on the Wet op de kansspelen (Wok), the Dutch Betting and Gaming Act:
| Provision | What it does |
|---|---|
| Article 1(1)(a) | Bans offering unlicensed games of chance |
| Article 1(1)(b) | Bans promoting participation in unlicensed games; the provision the KSA says Endorphina breached |
| Article 31a | Remote gambling licence, cited in Endorphina's own arguments |
| Article 33b | Sets the KSA's supervisory and enforcement task |
| Article 34n(1) | Allows the KSA to issue binding instructions |
For the point that such instructions can target intermediaries, the KSA cites the explanatory memorandum to the Remote Gambling Act (Kamerstuk 33 996, no. 3, p. 137). The decision also states that the regulator acts against intermediaries as well as operators. That fits a wider pattern of enforcement, from earlier KSA sanctions against two unlicensed operations to its warning to Dutch media over illegal gambling ads.
The evidence: three rounds of play
KSA inspectors played Endorphina titles from Dutch IP addresses and saw no technical measures blocking Dutch players. Games named in the decision include Hell Hot 100, Royal X-mass, Bad Santa and Fortune Snake.
| Round | Dates (2026) | Sessions | Sites |
|---|---|---|---|
| 1 | 12 January to 17 February | 15 | 13 |
| 2 (re-check) | 8, 10 and 17 June | 18 | 19 |
| 3 | 29 to 30 September | not stated | 8 |
The three rounds cover 28 distinct domains, with some sites appearing in more than one round. The KSA shared its first-round findings with Endorphina on 15 April.
Two of the sites, qbet.com and luckygem.com, had already received a last onder dwangsom, an order backed by a periodic penalty payment. The luckygem.com order is dated 15 September 2026, and Endorphina games were still playable there in the September check.
How the case developed
| Date (2026) | Step |
|---|---|
| 2 April | KSA contacts Endorphina |
| 16 April | First meeting |
| 14 May | Endorphina says there is no evidence it intentionally supplied illegal operators |
| 5 June | KSA tells Endorphina formal measures will follow |
| 14 July | Notice of intent to Endorphina Malta; response on 23 July |
| 9 September | Notice of intent to Endorphina Cyprus; response on 22 September |
| 19 October | Decision issued |
| 2 November | Decision published |
Throughout, the KSA says it repeatedly asked Endorphina for the results of Endorphina's own internal investigation and did not receive them.
Endorphina's arguments and the KSA's answers
Endorphina told the regulator that its Malta and Cyprus entities are separate legal entities with their own licences, contracts, distribution channels and game servers (remote game servers, or RGS). It said it supplies the Dutch market only to licensed operators, with some supply passing through licensed B2B intermediaries. It also said it restricted access on the named sites in July 2026 and tightened partner agreements, while stating this was not an admission of liability.
The KSA rejected the defenses one by one:
- Separate entities: the split is irrelevant, because both can take measures.
- Intent: a supplier's intent does not matter for a binding instruction.
- Compliance framework: it is irrelevant because it failed in practice.
- Brand misuse: a registered trademark holder should act against misuse of its brand, and Endorphina showed no sign of doing so.
The approach raises a question for suppliers across the sector. A Malta-based B2B studio that holds approvals in other regulated markets can still face Dutch action if its content surfaces on unlicensed sites. The KSA's reasoning is that supplier-side control, through contracts and technical restrictions, is expected whether or not the supplier sells to Dutch-licensed operators. The debate over whether the regulator needs broader tools was explored in our report on whether the KSA could be granted more powers.
Appeal rights and what follows
Endorphina can object within six weeks of the decision being sent, which puts the window at around 30 November 2026. An objection does not suspend the decision, so the two-week obligation stands unless a court says otherwise. Endorphina can ask the administrative court for interim relief.
For B2B suppliers with Dutch exposure, the practical lessons are concrete: geo-blocking at the RGS level, contract clauses that bar distributors from serving Dutch players on unlicensed sites, and active brand enforcement against misuse. The KSA has signaled that a paper compliance framework will not substitute for results.
Status reviewed on 4 November 2026. Figures and dates come from the KSA decision dated 19 October 2026 and the regulator's 2 November 2026 notice. More regulation news and EMEA coverage.
Frequently asked questions
What did the KSA order Endorphina to do?
The Kansspelautoriteit ordered Endorphina Limited (Malta) and Endorphina Ltd. (Cyprus) to take adequate measures against promoting unlicensed gambling in the Netherlands within two weeks of the decision date, 19 October 2026, and to report back. The aim is to stop Dutch players using its games on sites without a KSA licence.
Is the KSA binding instruction a fine?
No. A binding instruction (bindende aanwijzing) is an order to change conduct, not a financial penalty. According to the decision, it suits cases where a violation exists but a sanction is not yet appropriate, for example because the supplier may not know all the facts. The KSA can use other enforcement tools later.
Which Dutch law did Endorphina breach, according to the KSA?
The KSA says Endorphina breached Article 1(1)(b) of the Wet op de kansspelen (Betting and Gaming Act), which bans promoting participation in unlicensed games of chance. The regulator relied on Article 34n(1) of the same act, which allows binding instructions, and Article 33b, which sets its supervisory and enforcement task.
Can Endorphina challenge the KSA decision?
Yes. Endorphina can file an objection within six weeks of the decision being sent, which puts the window at around 30 November 2026. An objection does not suspend the decision. Endorphina can also ask the administrative court for interim relief while the objection is pending.
How did the KSA gather evidence against Endorphina?
KSA inspectors played Endorphina games from Dutch IP addresses in three rounds: 12 January to 17 February 2026, 8, 10 and 17 June 2026, and 29 to 30 September 2026. They saw no technical measures blocking Dutch players. The rounds covered 28 distinct domains in total.
