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Unibet recorded a major victory on Monday when the Amsterdam District Court dismissed a lawsuit brought by several players claiming damages due to alleged mishandling of their personal data.
The players, represented by Gokverliesterug, an organization that handles claims against unlicensed online gambling operators, argued that they were denied access to their data upon request.
The lawsuit involved players who had engaged with various Dutch-facing websites under the Unibet brand from 2010 to 2024. Notably, the Netherlands did not legalize its online gambling market until October 1, 2021. Despite this, Unibet operated in the country prior to that date and has since obtained a license to continue its activities in the Dutch market.
Gokverliesterug Called for Financial Settlement
In an effort to clarify the personal data held by Unibet, players contacted the operator to understand what information had been collected during their gambling activities. After inquiries made in November 2023 and April 2024, two players received reports detailing their transaction and gaming histories. However, Unibet did not provide any further data beyond these initial overviews.
The players claimed that Unibet either suggested they submit their requests in a different manner or stated that more time was needed to process their demands. Unibet also challenged its legal obligation to disclose the data, referencing Maltese law, where its parent company, Kindred, is registered.
As a result, Gokverliesterug filed a lawsuit demanding the release of this data. They also sought financial settlement for the players involved, as well as coverage for legal costs.
Gokverliesterug Pursued the Case Only for Profit, Claimed Unibet
The court took a different view of the situation, acknowledging Unibet’s defense that it complies with the General Data Protection Regulation (GDPR), which safeguards player data from unauthorized release or sharing.
Unibet argued that Gokverliesterug’s request did not align with Article 79, paragraph 2 of the GDPR. This article specifies that only a “not-for-profit body, organization, or association” can represent a player if it possesses that player’s personal data and is focused on their protection.
The company contended that Gokverliesterug pursued the case primarily for profit. The organization has stated on its website that it takes a 36% cut of any recovered losses from gambling operators. Unibet emphasized that Gokverliesterug does not qualify as a not-for-profit entity as required by GDPR rules.
Court Rules Claims Against Unibet “Inadmissible”
In its defense, Gokverliesterug argued that the GDPR does not establish an exclusive legal framework and denied that profit was its only motive. The organization claimed it relied on external funding from a third party to support its initiatives and emphasized that its 36% cut from winning cases was justified, given the significant financial risks faced by its funders.
Despite these arguments, the court determined that Gokverliesterug did not provide sufficient documentation to demonstrate it was not profit-driven in this case.
The judges also noted that it was unclear whether the organization was acting merely as a “managing partner” for the players involved, rather than having financial gain as its primary goal.
As a result, the court ruled Gokverliesterug’s claims to be “inadmissible.” The organization was required to pay a total of €2,553 to both Kindred and its partner, Risepoint, covering court fees, attorney expenses, and additional costs associated with the case.
This is much much-needed win for Unibet, which has come under intense regulatory scrutiny in the past year. In December of last year, it was fined €400,000 by the Dutch regulator for responsible gambling violations, and another €800,000 by the French gaming body in March of this year for similar breaches.
Source: iGB
