Malta: Key Function Services For Gaming Operators

Key Function Services for Gaming Operators

A "Key Function" means an important function, role or task carried out by a person in connection with a gaming service or a gaming supply, as may be prescribed by the Authorisations and Compliance Directive.

The Key Function Roles

Key functions are important functions within a licensed activity, requiring approval, for direct scrutiny and targeted supervisory controls, thereby raising the bar for persons of responsibility within a gaming operation.

The following roles and responsibilities performed in connection with the gaming activity of a licensee shall each constitute a key function.

1. The Chief Executive role, or equivalent;
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.

For a B2C licensee that operates a gaming premises which is not a controlled gaming premises, the key functions shall be the following:

• Those listed in points (1) to (9) above, hereof;
• Operation of the urn or any other gaming device which requires human intervention used to generate the result of the game in bingo halls.

Provided that where the operation of such urn or other device is supervised by an additional person who is not an officer of the Authority, it shall be sufficient for either the person operating the urn or other device or the person supervising to be approved to provide such key function;

• Management of the pit, including the supervision of the croupiers and assistants and the management of their work, where applicable;
• Management of the gaming area, including the supervision thereof to preclude fraud by customers, and the resolution of customer disputes; and
• Management of the surveillance systems of the gaming premises, where applicable.

For a B2B licensee, the key functions shall be the following:

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

For the National Lottery licensee, the persons performing key functions shall be the following:

• The persons performing the functions listed in points (1) to (9) above (1) hereof; and
• The persons who hold a permit to sell national lottery games.

In the case of a licensee providing a gaming service in gaming premises, the activities constituting a key function shall also comprise of the following:

• Responsibility for supervising the croupiers and assistants and managing their work;
• Responsibility for managing the casino's gaming area, including the supervision thereof to preclude fraud by customers, and the resolution of customer disputes; and
• Responsibility for managing the surveillance systems of the casino.