European Gaming Lawyer magazine Autumn 2016 | Page 29
Keeping consumers’ interests
safeguarded and protecting minors and
vulnerable persons remain fundamental
regulatory objectives therefore skill
games licensees will have various player
protection mechanisms which they
must adhere to. Such player protection
mechanisms include allowing the player
to set a deposit limit and a definite or
indefinite exclusion period; the licensee
needs to make available to the player a
transaction history; and a player may
submit a complaint with the licensee or
the MGA if they feel that they have been
aggrieved.
Another effective player protection
mechanism and requirement is that
player funds must be kept in a separate
account from the operational accounts of
the licensee. A licensee may propose an
alternate method of protecting player funds
however the MGA would need to approve of
such a method whilst ensuring that it is, as
a minimum, as secure as having a separate
account for player funds. Such funds are
insulated against creditors of the licensee.
Evolvement of Malta’s Legislative
Framework
These are interesting times in the legal gaming
sphere in Malta due to the evolvement of
the legal structure and the materialisation
of the overhaul. The FSER and SGR are the
first impetus of what is to be expected from
the overhaul whereby we see that Malta is
continuing to understand the requirements
of the gaming industry and adapting to such
needs whilst always ensuring the protection of
the fundamental elements of gaming. A more
risk-based approach is being implemented
which guarantees that the critical elements
of the operation are reviewed and allows
space for innovation in this sector which is
constantly evolving.
Skill games operators, including fantasy
sports operators, now have in Malta a
jurisdiction whereby they can be licensed
by a reputable regulator and also find all the
expertise and services required to operate in
a legal and professional manner.
Joseph Borg, Senior Advisor to WH
Partners, is an expert in gaming law
and also lectures Gaming Law at
the University of Malta. Formerly,
he was Chief Regulatory Officer at
the Malta Gaming Authority and a
Member of the Board of Trustees
of the International Association of
Gaming Regulators, Inc (IAGR). He
is also the Secretary General of the
Malta IT Law Association.
Samuel Gauci is Senior Associate
at WH Partners. He has a wealth
of experience in the gaming and
betting industry, in particular to
dealing with government and
public administration. Prior to
joining WH Partners, Sam formed
part of the Legal Directorate at
the Malta Gaming Authority (MGA)
ultimately performing the role of
Head of Legal Affairs. Sam holds
a Doctor of Laws degree from the
University of Malta.
For more information please contact:
[email protected]
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