The controversial “Malta Bill 55”, which protects Malta's interests from international legal action, was one of the main topics of EL's recent public policy seminar in Brussels. Lawyers from the countries arguably most affected by the law – Austria and Germany – joined the debate examining the law's legality. Lawyers have filed thousands of lawsuits against Malta-based online operators seeking reimbursement for losses suffered by players. It was generally expected that Bill 55 would ultimately fail.
The interconnected case C-440/23, in which Germany's national gambling legislation is being challenged abroad by Malta, was also discussed, and although it is considered a notable case, it remains to be seen what its effect will be.
International data has shown a further increase in anti-money laundering fines and regulatory debates around the world. Internal best practices on anti-money laundering regulations were discussed, highlighting the need to understand activities and have a structured internal process to recognize and report money laundering.
Atle Hamar, Director General of the Norwegian Gaming and Foundations Authority, member of the Board of Directors of the Gaming Regulators European Forum (GREF), provided an in-depth European perspective on gambling regulation, but also reflected on the fact that Norway is the “last man standing” in Europe, with most of its gambling market organized as a state monopoly. Hamar highlighted the need to find a balance between attractive games and social responsibility, in line with European legislation.
The importance of the application of the law has also been addressed by a series of experts in the sector, with topics ranging from the recent ruling of the European Court which declared the violation of competition laws by FIFA/UEFA (SuperLeague case) to Class action phenomenon with a preventive proposal developed by the Israeli National Lottery Mifal Hapais, from the importance of the Macolin Convention to combat sports manipulation to the "regulatory rain" after the opening of the online market in the Netherlands.
The EL seminar on public policy also looked beyond the borders of Europe regarding public policy issues.
Samuel Awuku, Director General of the Ghana National Lottery Authority, provided an overview of lottery regulation in Ghana and how to combat illegal gambling in this part of Africa. Some of the measures highlighted include using security agencies with cutting-edge technology to detect and arrest online fraudsters, working with the police to conduct nationwide arrests and disrupt illegal lottery activities, establishing lotto at national level and raising awareness of responsible gaming through public campaigns.
To conclude, it is clear that the gambling regulatory landscape is complex, with rapid and intricate changes. Operators are facing more enforcement actions than ever before, and the fines issued shape public perception of the sector. With increasing scrutiny, operators must ensure compliance with rules and regulations.
