🎰 Gambling | Laws and Regulations | Malta | ICLG

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NEW REGULATIONS ON REMOTE GAMING The Malta Lotteries and Gaming Authority to host and manage online gaming operators, excluding the licensee himself. Any person authorised by the shareholders may register a company.


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Gambling Laws and Regulations covering issues in Malta of a Key Function Holder (AML) licence, and is also approved and registered with.


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Application for the Registration of an Operator in a Tourism Establishment; Application for a Holiday Furnished Premises licence; Application for a House on Long.


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A structured guide to gaming law in Malta, including licensing or registration where the activity is not deemed to require a license but still falls.


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Obtaining of VAT registration; Company secretary; Nominee shareholders; Registered office in Malta. The application for the gambling license will cost an initial.


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In the absence of any provision to the contrary, the rights of the licensee Effects of patent registration The term of registration of a patent is 20 years from the.


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Gambling Laws and Regulations covering issues in Malta of a Key Function Holder (AML) licence, and is also approved and registered with.


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Operators looking to obtain a remote iGaming license in Malta are required to undergo a rigorous application process. Remote gaming license Malta.


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The licensing or sale in Malta of remote gaming software, by itself, does not create Thus a licence is not required insofar as the intermediary does not register.


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The Malta Financial Services Authority's Financial Services Register is a public record that shows details about firms licensed and regulated by the Authority.


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Following provision of documentation and information to the satisfaction of the MGA, the applicant is invited to hold a systems audit in a staged environment, whereby the actual games that would be on offer and the technical set-up would be audited by an independent auditor, approved by the MGA but selected and appointed by the applicant. B2B and B2C gaming licences are valid for a term of 10 years and are renewable subject to ongoing compliance and a renewal process. Since , Malta has pioneered the notion of responsible gaming, and has thus developed a whole array of reasoned restrictions which are a result of responsible gaming measures and which each licensee needs to follow and abide by religiously. Type 3: Gaming service which includes games not played against the house but Peer-to-Peer Player versus Player , which would include the verticals of poker, betting exchanges and bingo. Malta: Gambling ICLG - Gambling Laws and Regulations - Malta covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 39 jurisdictions. All key regulatory matters in relation to material promotions and advertising restrictions are contained within the Gaming Commercial Communications Regulations SL This fee varies according to which type of gaming services the operator is licensed to offer, as well as the revenue generated through that game type. This sandbox is expected to last until the end of As per question 2. Who regulates it in land-based form? Such responsible gaming measures include, but are not limited to, for instance: age restrictions only persons over the age of 18 are allowed to bet ; and the availability of self-exclusion. There are 10 regulations falling under the Act, namely: Gaming Authorisations Regulations, Gaming Commercial Communications Regulations, Gaming Compliance and Enforcement Regulations, Gaming Definitions Regulations, Gaming Player Protection Regulations, Gaming Premises Regulations, Gaming License Fees Regulations, Gaming Tax Regulations, Social Causes Fund Regulations, This includes the following verticals: casinos; slots; scratch cards; lotteries; secondary lotteries; and virtual games. Type 2: Games of chance played against the house through a Matchbook. Afilexion Alliance. Malta is an EU Member State and as such, relevant laws in this sphere have an impact locally; including, for example, the recognition and enforcement of foreign judgments and the General Data Protection Regulation, just to mention a few. A licensed gaming operator cannot operate unless it has all the Key Functions defined at law held by Key Function Holder Licensees. In the case of land-based bingo halls and gaming parlours, additional requirements are imposed as part of the application, mainly relating to the location and type of the gaming premises. There are 10 regulations falling under the Act, namely:. Four different types of game are recognised in Malta. As elaborated in question 2. Administrative enforcement measures may be appealed in front of the Gaming Administrative Tribunal. The variable licence fee is payable monthly and is calculated throughout the financial year of the operator. Acceptance of cryptocurrencies by an operator is subject to having the chosen cryptocurrencies having been passed through a Financial Instrument Test to determine the nature of the cryptocurrency. The type of enforcement depends on whether the breach or breaches are of a criminal or an administrative nature. On paper, the Gaming Act does not stipulate any limitations on the number of land-based casinos; however, a casino licence is dependent on a licence applicant holding a government casino concession, whereby the number of concessions available are limited according to government policy. This includes the vertical of fixed odds betting. Relevant Product. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? Some restrictions are a result of conditions dictated by law, whilst other restrictions may be part of a licence conditions document issued by the MGA. In the case of remote gaming, the Gaming Act saw a complete overhaul in the licensing categories, thus departing from a multi-licence system that was in force from to to a streamlined licence system, based on simply having a distinction between a B2C and a B2B licence. Currently, there are ongoing discussions on how to regulate e-Sports and on whether loot boxes should be considered as a game of chance. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Please include in this answer any material promotion and advertising restrictions. With respect to virtual currencies, Malta permits the acceptance of virtual currencies by gaming operators for the placement of bets, in accordance to certain parameters set by the MGA, which include being accepted as part of a regulatory sandbox framework. The licence application process is a very rigorous and detailed one. The submission of licence applications can only be done through the MGA eServices portal, where the documentation mentioned above needs to be uploaded, and statutory forms and declarations need to be filled in. A licensed gaming operator found to be in breach of any of the above would be subject to enforcement action, as explained in question 2. The licensing requirements are addressed more specifically through subsidiary legislation in the form of regulations that fall under the said Act. Application for a Licence and Licence Restrictions 3. There are various restrictions placed on licensees, which may vary according to the type of licence held.

ICLG - Gambling Laws and Regulations - Malta covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 39 jurisdictions.

The MGA imposes strong restrictions and limitations on different forms of advertising such as sponsorships, social media, and bonuses and promotions.

The MGA has the power at law to issue directives, whereby the Authority utilises this legal instrument to provide directives to the industry which have the characteristic of being adaptable to industry developments.

In particular, it should be noted that advertisements cannot be based on the gaining of personal prestige or on alleged success stories of players. An example of a B2B operator would be, for instance, a games platform, whereby such games are made available to B2C licensed operators.

Furthermore, start-ups fulfilling the criteria considered in the Gaming Licence Fees Regulations and the Directive on Start-Up Undertakings are exempted from paying Compliance Contribution fees for the first year of operations.

The MGA has, sincepublished on its website public notices in relation to major enforcement action taken, whereas the MGA has a public register of enforcement action taken against licensees on its website. Regarding where machine-based gaming is permitted, it should be noted that in terms of the Gaming Premises Regulations SL There are also rules in place on the minimum radial distance of premises at least 75 metres from educational establishments, senior citizens care facilities, places of worship, malta licensee register, playing fields and certain other general venues and infrastructure.

Link measures are mainly contained in the Gaming Compliance and Enforcement Regulations, Depending on the nature of the breach, the enforcement ramifications may malta licensee register be of read article criminal or administrative nature.

Who regulates it in digital form? The concept of a licence for an occasional gaming event is also possible, and such licences are by their very nature temporary and limited to the said occasional event. Reuben Portanier Afilexion Alliance. The only exception relates to the National Lottery licence which is limited to one licence and subject to a concession tendering process on the temporary use of intellectual property rights pertaining to the National Lottery Games.

Examples of such directives include the Player Protection Directive. Type 4: Controlled skill games — at present this type only covers one vertical, which casinos to in vegas fantasy sports betting, although the law allows the MGA to include further verticals under this category.

Malta licensee register licence application process may be subdivided into four main areas, which are: 1 the fitness and properness test including financial and anti-money laundering due diligence ; 2 technical including the submission of all relevant technical documentation on the games, RNG, hardware architecture, software architecture, information security measures, disaster recovery and business continuity measures ; 3 administrative including the submission of the business plan, malta licensee register resources plan, marketing plan, advertising plan, and outsourcing procedures ; and 4 regulatory, including but not limited to anti-money laundering procedures and set-up, data protection procedures, commercial agreements, terms and conditions for players, and responsible gaming measures.

Once a positive audit report is submitted to the MGA by the systems auditor, and provided that the probity checks do not result in anything negative about the applicant company, its shareholders and key people, the MGA can proceed with the issuance of a licence provided that all the relevant fees have been paid.

Anticipated Reforms. Relevant Authorities and Legislation 2. Gaming debts arising from gaming activities that are permitted under the Gaming Act are enforceable in Malta.

None that malta licensee register specific to the Maltese framework. In the case of land-based casino applicants, the applicant is first required to hold a valid concession issued by the Government.

However, gaming debts arising from any other type of game are malta licensee register enforceable under Maltese law, specifically the Civil Code Cap 16 of the Laws of Maltaexcept for gaming debts relating to certain games of a physical nature.

Authorised gaming operators on the other hand are required to abide by the Gaming Act, its subsidiary legislation, the MGA Directive and licence conditions.

The amount and type of Key Functions that need to be held by Key Function Holder Licensees varies according to the type of licence.

Typically, it is the legal entity which is liable under Maltese law; however, in certain instances, including when the breach may be of a criminal nature, directors, managers and other officials exercising certain functions could also be found personally liable.

The structure for remote gaming B2C and B2B licences is as follows:. Enforcement and Liability 5. The structure of the remote gaming licence is based on an umbrella concept, whereby under a B2C or B2B licence, the licensee can add or remove different gaming activities with ease, provided regulatory approval is provided by the MGA.

Skill games and competitions with no element of chance.

Chapter Content Free Access 1. In the case of remote gaming, B2C licences cover the activities of making a game for participation by players as an economic activity, thus having an operator which offers gaming services with an individual. See question 2. Presently, there are four licensed land-based casinos in Malta. The Annual Reports since can be downloaded from Hyperlink. Any legal entity registered in Malta, conducting or participating in a gaming operation without an authorisation, is subject to enforcement and may be found to be aiding or abetting illegal gaming. The Gaming Act came into force in August as a result of a legislative and regulatory overhaul of the previous Maltese gaming regime, namely the former Gaming Act which regulated land-based casinos and casinos on cruise ships within Maltese territorial waters, whilst the Lotteries and Other Games Act regulated all other forms of gaming, including remote gaming and skill games with prizes, together with other land-based Relevant Products being amongst others the National Lottery, Bingo Halls and Gaming Parlours. B2C operators are classified as subject persons under the AML laws of Malta, irrespective of the type of game on offer. GTG Advocates. The main restrictions worth mentioning include:. The new Gaming Act thus saw the consolidation of all relevant gaming activities falling under one singular act. The Recognition Notice is valid for one year and may be renewed. It should be noted, however, that a B2C gaming licensee is not allowed to offer its games on credit to players.