A Recognition Notice is a notice issued by the Authority whereby an authorisation issued by another Member State of the EU or the EEA, or a State which is deemed by the Authority to offer safeguards largely equivalent to those offered by Maltese law, is recognised as having the same effect as an authorisation issued by the Authority for the purpose of providing a gaming service or gaming supply in or from Malta. Malta thus follows the principle of mutual recognition, in accordance with the European principles of free movement of services and freedom of establishment, whereby gaming licences issued in other jurisdictions are recognised by the Malta Gaming Authority (MGA). The procedure is regulated by the Malta Gaming Authorisations Regulations (subsidiary legislation 583.05) issued under the Malta Gaming Act 2018.
In accordance with the regulatory framework in Malta, such operators in possession of a license issued from another Member State of the EU or the EEA are required to inform the MGA and provide supporting documentation to the Authority, including but not limited to a copy of the operator’s licence, a legal opinion provided by a warranted professional proficient in the relevant jurisdiction and the applicants operations and a list of the games and/or services that shall be offered.
Following the issuance of a recognition notice, the said recognition notice will have the same effect as an authorisation issued by the MGA for the purpose of providing a gaming service, gaming supply, key function or any other authorisation in and from Malta. It is further noted that the Authority retains the right to revoke the said notice.
About the Author
The article has been authored by Dr Donna Bugelli, Advocate at CSB Legal, who has specialised in Company Law, iGaming Law, MGA Licenses and Compliance.