MALTA Law and Practice Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
1. Introduction 1.1 Current Outlook and Recent Changes The regulatory framework applicable to online and land-based gaming in Malta is consolidated under the Gaming Act (Chapter 583 of the Laws of Malta) and Subsidiary Legislation (SL) 583.01 to 583.12, adopted under that Law. The SL addresses various aspects of gaming operations, including: • the establishment of the Malta Gaming Authority (MGA, or the “Authority”), including its functions and powers; • the protection of players, minors and vulnerable persons; • the establishment of a vulnerable gaming fund; • gaming licence fees; • the requirement for a licence or authorisation for certain gaming activities; • key functions; • compliance and enforcement; • regulations relating to gaming premises; • regulations relating to advertisement; • regulations governing gaming tax; • the establishment of a social causes fund; and • data retention. The MGA issued several directives between 2018 and 2020 that are binding on licensees, providing addi- tional guidance in relation to the interpretation and implementation of the laws and regulations. Addition- ally, the MGA has issued several guidance notes that provide guidelines on certain provisions, procedures, standards and methods, with the aim of improving proportionality, participation, openness, accountabil- ity, effectiveness and coherence. In December 2024, the MGA updated the financial reporting requirements for all licensees, introduc- ing the annual financial reports (AFRs) and interim financial reports (IFRs). The AFRs cover the previous financial year and include key figures from the com- pany’s financial statements (although the full audited financial statements are not required as part of this submission). The AFRs do not replace the obligation to file audited financial statements within 180 days from financial year end. The IFRs replace the previ- ous interim financial statements, only requesting key
figures from the company’s financial statements for the first six months of the financial year. Both the AFRs and the IFRs must be submitted within two months of the end of their respective reporting periods. In July 2025, the MGA also issued its Capital Require- ments Policy, aimed at strengthening the financial soundness of licensed remote gaming operators. The Policy seeks to safeguard the long-term sustainability of the sector by ensuring that licensees maintain suf- ficient capital resources to support both their ongoing operations and future growth. In addition to existing minimum share capital require- ments, which remain unchanged, the Policy introduc- es a new obligation for licensees to maintain a positive equity position. Where a negative equity position aris- es, licensees will be required to restore compliance promptly. This mechanism is designed to act as an early warning tool, allowing the MGA to intervene at an early stage and address potential financial instability. Since the early 2000s, Malta has secured its posi- tion as a leading and well-regulated European remote gaming jurisdiction and is estimated to host around 10% of the world’s online gaming companies by trad- ing volume. The Gaming Authorisations Regulations provide that operators in both the online and land-based sectors require a licence when providing or carrying out a gaming service, or providing a critical gaming supply from Malta or to a person in Malta, or through a Mal- tese legal entity, unless exempt. A licence is required to provide or supply any of the following games (skill games are excepted): • online betting; • bingo; • casino; • lotteries; • fantasy sports; and • poker. 2. Jurisdictional Overview 2.1 Online Gambling
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