Key Function Services

The Malta Gaming Authority (MGA) requires each Licensee to appoint persons who can perform key functions. As leading specialists within the online gaming industry in Malta, CSB Group is able to provides Key Function Services for gaming operators licenced by the MGA.

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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. Key functions may only be provided by natural persons. In accordance with Part V of the Gaming Authorisations Regulations, persons who provide a key function to a licensee shall be required to hold a certificate of approval issued by the Authority and each licensee shall notify the Authority, the key persons who perform one or more key functions for such licensee.

In order to further strengthen specific authorisations and compliance requirements, the MGA published a series of amendments to the Gaming Authorisations and Compliance Directive and published a Key Function Eligibility Criteria Policy. The policy in conjunction with amendments to the Gaming Authorisations and Compliance Directive (Directive 3 of 2018), is in force as from 20th October 2021.

The Key Function Roles

1. For B2C licensee that provides remote gaming services and, or a B2C licensee that operates a controlled gaming premises:
   
   1. The chief executive role, or equivalent;
   2. The management of the day-to-day gaming operations of the licensee, including but not limited to, the management of the financial obligations of the licensee, such as the payment of tax and fees due to the Authority, the processes of making payments to, and receiving payments from, players, the management of the risk strategies for the operation of the licensee, and the prevention of fraud to the detriment of the licensee;
   3. Compliance with the obligations of the licensee as may be applicable by virtue of the Act and any binding instrument issued thereunder, including but not limited to, obligations relating to responsible gaming, obligations relating to player support, obligations relating to the rules relating to marketing, advertising and promotional schemes, and where applicable, obligations relating to sports integrity;
   4. The legal affairs of the licensee, including but not limited to matters relating to contractual arrangements and dispute resolution;
   5. The adherence to applicable legislation relating to data protection and privacy;
   6. The prevention of money laundering and the financing of terrorism;
   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, and the network and information security of the licensee; and
   8. Internal audit

Provided that B2C licensees that operate a controlled gaming, premises shall also be required to appoint the person responsible for carrying out the key function referred to in (2)(l) hereunder.

2. 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 a) to f) above, hereof; and

1. 9. 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;

1. 10. Management of the pit, including the supervision of the croupiers and assistants and the management of their work, where applicable;
   11. Management of the gaming area, including the supervision thereof to preclude fraud by customers, and the resolution of customer disputes
   12. Management of the surveillance systems of the gaming premises, where applicable; and,
   13. Internal audit.

3. For a B2B licensee, the key functions shall be the following:
   
   1. The chief executive role, or equivalent;
   2. The management of the day-to-day gaming operations of the licensee, including but not limited to, the management of the financial obligations of the licensee, such as the payment of tax and fees due to the Authority, and the management of the risk strategies for the operation of the licensee;
   3. Compliance with the obligations of the licensee as may be applicable by virtue of the Act and any binding instrument issued thereunder, including but not limited to obligations relating to sports integrity where these are applicable;
   4. The legal affairs of the licensee, including but not limited to, matters relating to contractual arrangements and dispute resolution;
   5. The adherence to applicable legislation relating to data protection and privacy, where applicable;
   6. The technological affairs of the licensee, including but not limited to, the management of the back-end and control system holding essential regulatory data, and the network and information security of the licensee; and
   7. Internal audit.

4. For the National Lottery Licensee, the key persons responsible for carrying out the following key functions shall be the following:
   
   1. The persons performing the functions listed in paragraphs (a) to (i) above (1) hereof;
   2. The persons who hold a permit to sell national lottery games.

Suitability of Key Function Holders

The Authority carefully scrutinizes the individual’s suitability to be a Key Function Holders from application stage, and throughout the term of the appointment. The official appointment of a Key Function Holder is evidenced by a certificate of approval which indicates the Key Function holder to have full knowledge, understanding and access to the licensee’s operations.

An individual shall not be granted a to perform a key function unless the Authority is satisfied that the individual: satisfies the fitness and propriety criteria of the Authority, is prima facie competent to perform the key function and is committed to be readily available to the Authority for any information which the Authority might require. Furthermore, the Authority has laid out a guideline against which an approved Key Function Holder is continually monitored for compliance, specifically, by establishing a continuous professional development criterion.

Conflict of Interest and Compatibility of Roles

No person may exercise key functions which are, in the Authority’s sole discretion, deemed to be in conflict with each other by their nature. As a general rule of thumb, business or operations -- centred roles are considered to be incompatible with compliance-based roles.

CSB Group offers a 360° approach to iGaming operators and is backed by a highly skilled iGaming advisory team. For more information or assistance on the above, please don’t hesitate to contact our iGaming experts on [email protected].