New Malta iGaming Law Proposed

Changes to Malta iGaming Law announced by the MGA

| Published on 12 Jul 2017

New Malta iGaming Law Proposed

One B2B licence for all games and practical procedures

The Maltese Gaming Authority (MGA) today announced a proposal for numerous changes to Malta’s iGaming law. The most significant and welcomed proposed change in the new iGaming Law proposed is the elimination of the multi-licenses system and the introduction of one B2C licence for all types of games, making Malta igaming regulatory processes more practical and operator friendly. Another noteworthy proposal is that of exempting B2B licenses from gaming tax, thus increasing Malta’s competitiveness as a hub for such service providers.

Major legal changes to the MGA - Malta Gaming Authority

Other major legal changes to the MGA include:

  • enhancement of the MGA’s governing role, its policy objectives, as well as its functions;
  • reinforcement of the player protection framework by formalising the MGA’s Player Support Unit;
  • a move towards an objective-based approach by encouraging innovation whilst ensuring regulatory standards are maintained;
  • introduction of a new and more efficient process for criminal and administrative justice;
  • introduction of the concept of administration to protect an operation in distress and, if necessary, to assist the winding down of an operation, thereby protecting jobs and player funds;
  • introduction of automated reporting, facilitated adherence to regulatory obligations and strengthening the MGA’s oversight;
  • boost to the MGA’s role in the fight against manipulation of sports competitions by introducing new obligations in line with efforts being made by the National Anti-Corruption Task Force; and
  • streamlining taxation into one flow with two main layers.

Amendments to the Malta iGaming Law - The Malta 'Gaming Act'

Throught White Paper proposing these amendments entitled “White Paper to Future Proof Malta’s Gaming Legal Framework”, the MGA intends to repeal all existing legislation and replace it with a singular primary Act of Parliament entitled the ”Gaming Act”, along with subsidiary legislation covering a number of main areas of regulation and numerous directives and guidelines issued by the MGA. At the moment, the current legal framework includes the Public Lotto Ordinance (Chapter 70 of the Laws of Malta), the Gaming Act (Chapter 400 of the Laws of Malta) and the Lotteries and other Games Act (Chapter 438 of the Laws of Malta). These laws are often seen as conflicting, out-dated and too prescriptive.

New Malta iGaming Law: an improved regulatory process for the MGA

The proposal empowers the MGA to be more agile in its decision-making and decreases unnecessary regulatory burdens which are not conducive to the regulatory objectives, whilst concurrently strengthening supervision and focusing the regulator’s efforts on the areas which present a higher risk profile. The MGA also announced that it will be undergoing various public consultations, technical studies and economic and financial impact assessments during a preparatory period.

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Dr Charlene Mifsud

Partner, Corporate & Commercial

+356 2205 6298

Dr Priscilla Mifsud Parker

Senior Partner, Corporate, Tax & Immigration

+356 22056122

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