MALTA Trends and Developments Contributed by: Andrew J. Zammit and Krista Hili, GVZH Advocates
Introduction Malta has steadily evolved into a leading hub for online gaming over the years. Today, hundreds of gaming operators are based on the island, making it a global centre for the iGaming industry. In fact, the gaming industry contributed just under 7% of the gross value added of the Maltese economy in 2024. This consistent performance since 2022 highlights the industry’s continued strategic relevance for the Mal- tese economy. The Maltese gaming industry continues to undergo a process of consolidation and quality improvements, addressing trends and developments within the eco- system to ensure that gaming regulation and the over- all business ecosystem remain both valid and relevant. Remarkably, around 10% of online gaming companies worldwide hold a licence issued by the Malta Gam- ing Authority (MGA) which is the primary regulator of the gaming industry in Malta. In this piece, reference will be made to recent news items, guidance notes or policies that the Authority issued, and which are considered to be of note for businesses looking to establish a footprint in Malta. Regulatory Landscape and Jurisdictional Sovereignty 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. Article 56A of the Gaming Act – which is often referred to in its format as a parliamentary bill, namely Bill 55 of 2023 – sparked recent backlash from the EC. Through the EC’s letter of formal notice dated 18 June 2025 relating to this legal provision, the discussion has been reignited about Malta’s recognition of foreign judg- ments in the gambling sphere, particularly as vari- ous parties in Austria and Germany seek to enforce favourable judgments against Malta-licensed opera- tors. Although certain media outlets have portrayed Article 56A as an attempt to shield Malta-licensed gaming operators from cross-border enforcement, the true legal position is far more nuanced.
According to the MGA, Article 56A does not create a blanket prohibition on the enforcement of European judgments against Malta-licensed gaming operators, nor does it provide immunity from legal proceedings initiated in other EU jurisdictions. Instead, the pro- vision reaffirms Malta’s established public policy on online gaming and aligns with existing EU legal prin- ciples – particularly the ordre public exception under the Brussels I Recast Regulation. It does not introduce any new or distinct basis for rejecting foreign judg- ments. The MGA emphasises that Article 56A of the Gaming Act merely codifies Malta’s long-standing public policy in the gaming sector and does not expand the exist- ing legal grounds for refusing recognition or enforce- ment of judgments under Regulation (EU) 1215/2012. The Authority reaffirmed its commitment to support- ing the Maltese government in maintaining open and constructive dialogue with the EC, with a view towards identifying a sensible solution to strike the right bal- ance between the various interests involved. As at October 2025, the matter remains at the prelimi- nary stage of the infringement procedure. Malta has submitted its formal observations in response to the Commission’s notice, and no Reasoned Opinion has yet been issued. The case therefore remains pending before the EC, and potential referral to the ECJ cannot be excluded. AML and Ownership Transparency According to the Ministry for Finance’s 2018 National Risk Assessment on Money Laundering and Terrorist Financing, remote gaming is particularly vulnerable to financial crime. This is due to factors such as a high number of players, large volumes of transactions, lack of face-to-face interaction, significant participation by non-residents and the use of unlinked prepaid cards. The gaming industry continues to face increasing regulatory pressure driven by the enhanced AML/CFT standards and national enforcement of the Financial Action Task Force (FATF), particularly from bodies such as Malta’s Financial Intelligence Analysis Unit (FIAU). Regulators are focusing on transparency, beneficial ownership verification and compliance monitoring in
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