The new gaming regulatory framework and its impact on remote gaming operators

Abstract

The new Gaming Regulatory Framework introduced by the Maltese Parliament and the Malta Gaming Authority in the summer of 2018 has brought about significant changes that affect both present and future companies that operate within the gaming industry in Malta. The dissertation analyses the impact such framework has had on the industry in general, in particular upon remote gaming operators in the sector. The first chapter in this academic exercise tackles the regulations prior to the introduction of the new gaming framework. A general analysis of the Lotteries and Other Games Act of 2001 and the Remote Gaming Regulations of 2004 is performed in order to enlist the reasons as to why there was need for a reform to the gaming laws at the time. Reasons for change include the fact that the old law had become outdated and needed to be brought up to speed with contemporary times so as for Malta to remain on the forefront of the gaming industry within the European Union. The second chapter of this dissertation contains a thorough analysis of the new regulatory framework itself, along with the legal foundations upon which it is based and other areas, which although are not expressly part of the framework, are pertinent to the gaming industry in Malta. The main differences between the old and new frameworks are discussed throughout this chapter and explained in detail so as to investigate whether the new framework is favourable towards the operators or not. The final chapter and concluding remarks discuss the findings and results that the author has arrived to in analysing the impact of the new gaming framework on remote gaming operators established in Malta. This chapter includes a study of the ways by which distinct parts of the gaming framework have impacted remote gaming operators. This includes suggestions and recommendations on how to further improve upon grey areas and specific sectors of gaming law that require further development. Particular reference will be made throughout this dissertation to all relevant laws within the new gaming regulatory framework and European Union legislation along with interviews conducted with influential figures within the Maltese gaming industry. This research could serve as a point of reference for professionals within the industry and could prompt further discussion with regard to the new framework.