
Mark Attard
The Malta Gaming Authority (MGA) will grant an applicant with one or both of the following licences:
A Business to Consumer licence to offer or carry out a gaming service.
A gaming service shall also constitute the following:
A Business to Business licence to offer or carry out a critical gaming supply.
A critical gaming supply shall also constitute the following supplies:
From 2018, the Malta Gaming Authority allowed corporate groups to apply for a corporate MGA licence, whereby the whole group is deemed to be the licensee. From the group, the company designated as the nominal holder of the group licence must pay the relevant dues to the authority and adhere to the authority’s reporting requirements.
This is beneficial for corporate groups with a gaming service licence that would like to provide critical gaming supply services solely within their group, as this would mean that no B2B licence is required. Should the critical gaming supply services be provided to third parties, a B2B licence is required. This also means that provision of services from one entity to another in the same corporate group would be deemed to be carried out by the licensee, and not as outsourcing. The type of licence and type of games applied for by an applicant will determine the minimum issued paid up share capital.
The Maltese regulator has the authority to make the final decision on whether a game is licensable or not. The Malta Gaming Authority (MGA) will also determine whether a game is a skill game or a controlled skill game requiring a licence. Before applying for a licence with the MGA, you must first establish the types of games that you will be offering to players.
In the case of a game displaying elements which may fall under more than one of the types referred to above, the MGA shall have full discretion in categorising the game in the type it believes closest reflects the nature of the game.
Operators that are already in possession of a Gaming Service Licence or Critical Gaming Supply Licence and wish to offer an additional type of game do not need to go through the full gaming licence application procedure. Instead, they would be required to apply to the MGA for the necessary approval.
Gaming vertical refers to a category of products that require specific safeguards in order to ensure that it is offered in a manner which adheres to law and to the regulatory objectives, owing to its characteristics and the distinction between it and other categories of products.
The different verticals include:
a. Casino;
b. Live casino;
c. Scratch cards;
d. Lotteries;
e. Secondary lotteries;
f. Fixed odds betting, including live betting;
g. Pool betting, including betting exchange;
h. Peer-to-peer poker;
i. Other commission-based, peer-to-peer games such as bingo, but excluding pool betting, betting exchange and poker.