WILLEMSTAD - A new advisory opinion from the Advocate General (AG) of the Dutch Supreme Court may have far-reaching consequences for Curaçao as the island prepares major reforms to its online gambling sector. While the AG concluded that pre-2021 online gambling contracts were valid, the broader implications reach far beyond the Netherlands — and could reshape Curaçao’s regulatory approach, consumer protections, and international standing.
Why the Dutch advisory matters for Curaçao
Curaçao is in the middle of transitioning away from its old master-licensing model to a new, government-regulated system with stronger oversight. Many of the online casinos that operated in the Netherlands before October 2021 were historically licensed in Curaçao.
If the Dutch Supreme Court follows the AG’s opinion, several consequences may follow:
1. Lower legal risk for Curaçao-licensed operators
The AG’s conclusion that gambling contracts remained valid means that thousands of Dutch gamblers may not be able to reclaim past losses. This significantly reduces the retroactive financial exposure of operators historically tied to Curaçao.
2. Increased pressure on Curaçao to strengthen consumer protections
The AG emphasized that duty of care and better consumer safeguards could be more appropriate remedies than voiding contracts. This aligns directly with reforms Curaçao is currently drafting, including:
mandatory responsible-gaming protocols
stricter identity and affordability checks
improved complaint-handling systems
better monitoring of high-risk behavior
This puts pressure on Curaçao to demonstrate it can meet international expectations.
3. Renewed focus on cross-border enforcement
The Netherlands has long criticized Curaçao for facilitating operators that targeted Dutch players without permission. With Dutch courts now clarifying the limits of contract invalidity, future disputes may shift toward:
illegal targeting of foreign markets
advertising violations
compliance failures
duty-of-care breaches
Curaçao’s new Gaming Control Board (GCB) will need to show it can enforce rules to avoid renewed political friction with the Netherlands.
Impact on massive claims and ongoing cases
If the Supreme Court adopts the AG’s opinion, mass claims being prepared in the Netherlands could collapse. Lawyers and consumer groups may then redirect their efforts toward:
suing operators for negligence or duty-of-care breaches
demanding tighter international cooperation
pressuring regulators in Curaçao to strengthen supervision
This would bring Curaçao’s regulatory practices directly into the spotlight.
A turning point for Curaçao’s gaming reputation
Curaçao has been working to rebuild trust after years of criticism over weak oversight. The AG’s advisory offers both a challenge and an opportunity:
A challenge, because Curaçao must show it can regulate responsibly in a globalized gambling market.
An opportunity, because reduced retroactive liability may stabilize the industry and make reforms easier to implement.
What happens next?
The Dutch Supreme Court will issue a final ruling later this year or in early 2026. While that decision will apply to the Netherlands, it will inevitably influence:
Curaçao’s reform timeline
licensing standards
international cooperation agreements
the island’s position in cross-border gambling disputes
For now, Curaçao’s regulators and legislators are watching the case closely — aware that its outcome could shape the future of the island’s most controversial economic sector.