Answer ... In terms of the licences available in Malta, a gaming licence is available from the Malta Gaming Authority (MGA) for business-to-consumer (B2C) gaming operators; while a separate licence is available for business-to-business (B2B) (critical) gaming suppliers such as games resellers, aggregators and games suppliers.
In terms of licence structure, both B2C and the B2B gaming licences can cover one or more of the following game types:
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Type 1: Games of chance played against the house with the outcome determined by a random number generator. Type 1 includes the following verticals:
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- casinos;
- slots;
- scratch cards;
- lotteries;
- secondary lotteries; and
- virtual games.
- Type 2: Games of chance played against the house through a matchbook. This includes fixed-odds betting such as Sportsbook.
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Type 3: Gaming services played in a peer-to-peer manner (player versus player), which includes the verticals of:
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- poker;
- betting exchanges; and
- bingo.
- Type 4: Controlled skill games – at present, this type only covers one vertical, which is fantasy sports betting; although the law allows the Malta Gaming Authority (MGA) to include further verticals of the same/similar nature under this category.
The concept of a corporate group licence is also available within the Maltese framework.
Furthermore, the MGA is empowered to issue recognition notices over B2C and B2B gaming licences issued by other EU/EEA states, permitting the holder to carry out the gaming activity authorised under the licence, to be performed in or from Malta.
Voluntary certification of certain gaming supplies which are provided on a B2B basis and which are deemed to be ‘material’ yet not critical supplies is also available. Such ‘material’ gaming supplies which would fall under the voluntary B2B authorisation include:
- disaster recovery services;
- data centres;
- content services;
- odds services; and
- risk management services.
On the other hand, the equipment use in gaming activities will require certification by a certified test laboratory in terms of the MGA’s standards.
Any MGA gaming licence holder must have a number of key personnel holding a personal licence, termed a ‘key function holder licence’. B2C licensees must have eight key function holders, for the positions of:
- chief executive officer;
- chief operating officer;
- compliance;
- legal;
- data privacy;
- anti-money laundering;
- technology; and
- internal audit.
B2B licensees must have the same key function holders as B2C licensees, except for anti-money laundering: this function is not required for B2B licensees, since they are not deemed ‘subject persons’ under local anti-money laundering legislation.
With regard to land-based gaming specifically, while there is no specific licence applicable to the premises themselves which are used for gambling purposes, there are relevant regulations. For example, such premises require the MGA’s approval and land-based gambling tends to require a concession from the government of Malta, such as in the case of land-based casinos and National Lottery games.