Key Functions in Gaming Entities

Every entity licensed by the Malta Gaming Authority (the “Authority”) is required to appoint a number of key persons to be responsible for carrying out important Malta gaming key functions, roles or tasks in connection with a gaming service or a gaming supply.

The principal role of each key person is to act as the primary point of contact with the Authority in relation to their specific Malta gaming function. The Authority technically only recognises the key persons as liaisons, but in practice their responsibilities and functions are greater than simply keeping the Authority informed of all changes and/or circumstances that occur within the business. Key persons must necessarily be natural persons but need not be employees of the licensee.

Gonzi & Associates, Advocates is able to provide your licensed gaming business with professional key persons with extensive experience in various areas of Malta gaming key functions, including compliance, legal affairs, prevention of money laundering and funding of terrorism and/or data protection.

1. The CEO or equivalent role;
2. Management of the day-to-day gaming operations of the licensee, including the processes of making payments to, and receiving payments from, players;
3. Compliance with the licensee’s obligations emanating from the licence or licences issued by the Authority;
4. The administrative and financial strategies of the licensee, including but not limited to the payment of tax and fees due to the Authority;
5. Marketing and advertising, including bonus offers and promotions;
6. The legal affairs of the licensee, including but not limited to contractual arrangements and dispute resolution;
7. Player support;
8. Responsible gaming;
9. The prevention of fraud to the detriment of the licensee;
10. The risk management strategies of the licensee;
11. The prevention of money laundering and the financing of terrorism;
12. Adherence to applicable legislation relating to data protection and privacy;
13. The technological affairs of the licensee, including but not limited to the management of the back-end and control system holding essential regulatory data;
14. The network and information security of the licensee; and
15. Internal audit.

1. The chief executive role, or equivalent;
2. The day-to-day gaming operations of the licensee;
3. Compliance with the licensee’s obligations emanating from the licence or licences issued by the Authority;
4. The administrative, financial and risk management strategies of the licensee, including but not limited to the payment of fees due to the Authority;
5. The legal affairs of the licensee, including but not limited to contractual arrangements and dispute resolution;
6. Adherence to applicable legislation relating to data protection and privacy, where applicable;
7. The technological affairs of the licensee, including but not limited to the management of the back-end and control system holding essential regulatory data;
8. The network and information security of the licensee;
9. Internal audit.

The appointment of persons to carry out the above-listed key functions is one of the conditions which must be fulfilled in order for an entity to be granted a gaming licence. Such an appointment can only be made subject to the attainment of a Key Function Certificate from the Authority. The performance of any one key function in the absence of the necessary certificate would constitute a criminal offence in terms of the Gaming Act, 2018.

Generally, in order to attain said certificate, the key person must pass a ‘fit and proper’ test involving probity investigations of the individual to satisfy that such person is capable of holding that specific position within the gaming company.