Online Casinos in Malta

The Legal Position

Online casino games may lawfully be offered from Malta under a licence issued by the Malta Gaming Authority. The Authority sets out the game types it authorises, and the first of them is “games of chance played against the house, the outcome of which is determined by a random generator”, which it states “shall include casino-type games (including roulette, blackjack, baccarat, and virtual sports games), poker played against the house, lotteries, secondary lotteries”. Casino and live casino are both named by the Authority as gaming verticals in their own right.

Who Regulates It and Under What Law

The regulator is the Malta Gaming Authority, which describes its mission as “To regulate competently the various sectors of the gaming industry that fall under the Authority by ensuring gaming is fair and transparent, preventing crime, and protecting minor and vulnerable players.” The empowering statute is the Gaming Act, Chapter 583 of the Laws of Malta; the Authority cites it by that name when it explains that an aggrieved person may appeal a decision of the Authority to the Administrative Review Tribunal “in accordance with article 43 of the Gaming Act (Chapter 583 of the Laws of Malta)”. Beneath the Act sit the ten sets of gaming regulations and the numbered directives that the Authority publishes in its regulatory framework, among them the Gaming Authorisations Regulations and the Player Protection Directive (Directive 2 of 2018).

How Licensing Works

The Authority issues two categories of licence: a Gaming Service licence, which it describes as “A business-to-consumer licence to offer or carry out a gaming service”, and a Critical Gaming Supply licence for business-to-business suppliers of the material elements of a game or of the control system software. A single licence covers more than one game type: the Authority states that it “does not require licensees to obtain a licence for each type of game”, and an existing licensee adding a game type applies for approval instead.

For a game to be licensable at all, three elements must be present together — a stake to enable participation, the predominance of chance, and a prize of money or money’s worth. Eligibility to apply is tied to establishment in Europe: “Any entity established in the European Union (EU) or the European Economic Area (EEA) is eligible to apply for a licence, as long as it meets the required Shared Capital requirements and the annual Financial Statements reporting requirements.” A Gaming Service licensee offering Type 1 games must hold minimum issued paid-up share capital of €100,000, and licensees are given 90 days to go live after a licence is issued.

Player Protection

Under the Player Protection Directive, operators licensed by the Authority must offer players the ability to self-exclude for either a definite or an indefinite timeframe, and the Authority states that funds held on account during a self-exclusion “are not forfeited and can still be withdrawn”. It is also mandatory that operators offer players the ability to set either deposit limits or wagering limits, and to set reality checks. Where an underage account is discovered, the Authority’s stated position is that the operator must close the account and refund all deposits made by the player, and that any excess winnings are confiscated.

Unauthorised Sites

The Authority maintains a published list of URLs that claim a Maltese licence without holding one, declaring that it “has no connection with the below listed URLs” and that any reference on those domains to the MGA or to a Maltese gaming licence is false and misleading.

Support in Malta

The Responsible Gaming Foundation, set up in Malta in 2014, runs a free support line. On its own site it states: “You can call the Supportline at 1777 or Appoġġ at 179 for free.” It adds that confidentiality is guaranteed and that a caller may choose to remain anonymous.