European Gaming Lawyer magazine Spring 2014 | Page 14

Malta Remote Gaming: Looking Ahead By Robert Zammit, Senior Associate at WH Partners W Robert Zammit hile various European jurisdictions are moving towards regulating remote gaming for the first time, the Malta Remote Gaming Regulations (SL 438.04) (“Regulations”) have reached the ten year milestone. The Regulations underwent very few changes through the years. In fact some players in the industry have been wondering whether it is time for an overhaul to take place to accommodate changes in the business, both from a commercial and technological perspective. The new Executive Chairman of the Lotteries and Gaming Authority of Malta has been reported in the Maltese press as emphasising the need to improve the Regulations in order to keep up with the continuous developments in the industry. Although a complete overhaul may not be required the need to update the Regulations clearly exists if Malta is to continue being a leading jurisdiction in the industry. From a technology perspective, operators face new opportunities which could help improve their offer, starting from virtualised computing. Although it is somewhat understandable for a regulator to take a cautious approach towards cloud or virtualised computing due to the shared element, and the perceived higher security risk, there are various ways that such concern can be reduced to the satisfaction of all parties involved. As a start, rather than outright prohibiting cloud computing, the LGA could focus on creating a standard for the use of this technology with the help of the operators and the service providers. 14 | European Gaming Lawyer | Spring Issue | 2014 As a result of permitting the use of cloud computing and embracing a more modern and practical approach, the LGA would consequently move away from physical inspection of hardware, which does not provide any additional safeguards. The paper trail currently in place for hardware inventories creates unnecessary red-tape and timewasting. To really achieve this, the LGA should focus on creating an online reporting system both for hardware inventory and for reporting of key events, whereby licensed operators will be required to submit necessary information with regards to their technical setup, and also report any changes and incidents occurring on their system. Another area which could do with a regulatory revamp is mobile. In 2004, a mobile was merely a mobile telephone – nowadays a mobile is much more than that. Very few imagined back then that we would be browsing the internet and installing apps on our mobiles in ten years’ time, but this is today’s real ]B