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] 29th November 2016 Gran Hotel Florida, Barcelona Join lottery CEOs at the Lotnext Summit Connecting lottery executives, private operators, policy makers, technology providers, investors, and charities in a private environment where delegates can discuss issues freely, behind closed doors. Keynote session: The lottery industry in 2025: Looking at economics, monopolies and digital transformation Speaker: Yanis Varoufakis, the former Minister of Finance of Greece Visit Summit.Lotnext.com for more information.