ODR Requirements

On the 11^th June 2025, the Malta Gaming Authority (“MGA”) published a notice announcing an upcoming amendment to the MGA’s Alternative Dispute Resolution Directive (Directive 5 of 2018) (the “ADR Directive”).

The ADR Directive aims to ensure that alternative dispute resolution means are made available to players by licensed gaming operators.

Amongst the requirements, article 13 of the ADR Directive states:

“Without prejudice to the above requirements, all online B2C licensees shall provide information relating to and a link to the ODR platform. Players shall be informed of the existence of the ODR platform and the possibility of using this platform to resolve disputes. This information shall also be included within the general terms and conditions of the B2C licensee.”

The announced amendment shall repeal the said article 13 of the ADR Directive, thus removing the obligation imposed upon MGA B2C licensees (“Licensees”) to include information and a link to the Online Dispute Resolution (“ODR”) Platform within their general terms and conditions.

This amendment is a consequence of EU Regulation 2024/3228 with regard to the discontinuation of the EU ODR Platform. Following a call for evidence on adapting of out-of-court dispute resolution to digital markets in 2022, the EU Commission concluded that the ODR Platform had barely been used and the majority of respondents considered that the ODR Platform should be substantially improved or be discontinued as it was not cost-effective.

The evidence collected by the EU Commission strongly suggested that further maintenance of the ODR Platform does not correspond to the EU principles of efficiency and effectiveness. Thus, EU Regulation 2024/3228 was introduced and forms part of a broader revision being undertaken by the EU Commission which aims to:

• Adapt the alternative dispute resolution (“ADR”) framework to better provide for EU consumer rights in all digital markets;
• Improve access to ADR through the development and use of digital tools;
• Simplify ADR procedures for all parties by easing the reporting duties of ADR entities and the information requirements for traders, while also promoting greater trader involvement in ADR claims through a duty to reply;
• Discontinue the ODR Platform and replace it with a user-friendly digital tool to improve efficiency in resolving disputes; and
• Incentivise online marketplaces and EU trade associations with a dispute resolution mechanism to align with the quality criteria.

The overarching objective of this review is to provide an option to resolve consumer disputes in a manner that is faster and less expensive than going through court procedures.

In compliance with such, the MGA is directing its Licensees to remove references to the ODR Platform from their terms and conditions as of the 20th of July 2025 and amending the ADR Directive accordingly.

For information or assistance regarding Gaming & Betting Law please contact us at info@gtg.com.mt.

Authors: Dr Terence Cassar and Dr Neil Gauci