MGA Recognition Notice
Malta has long established itself as one of the leading hubs for online gaming regulation in Europe, having been the first EU Member State to regulate online gaming way back in 2004. The Malta Gaming Authority (MGA) is widely regarded as one of the most serious regulators globally, with many gaming regulators using MGA as a benchmark. An MGA authorisation is highly regarded by payment processors, financial institutions, and B2B partners globally.
However, for operators or suppliers already holding a gaming licence issued by another jurisdiction, the route to operating legally in or from Malta does not necessarily require obtaining a licence from the MGA. Instead, Malta’s Gaming Act provides a distinct and alternative mechanism which can be sought, that is the Recognition Notice.
What Is a Recognition Notice?
The Recognition Notice (commonly referred to in the industry as an "RN") is a formal certificate issued by the MGA under the Gaming Act, Chapter 583 of the Laws of Malta, which came into force in 2018. The mechanism allows the MGA to unilaterally recognise a gaming licence issued by a foreign regulatory authority, provided that the foreign jurisdiction meets certain equivalence criteria - meaning it holds broadly similar controls, requirements, and safeguards to those applicable under Maltese law.
The key distinction that operators must understand is that a Recognition Notice is not a licence, but is an authorisation. The MGA is not re-licensing the operator. It is formally recognising the validity and equivalence of a licence already issued by another regulator, and extending to that operator the right to provide gaming services in or from Malta on the basis of that existing authorisation. The original licence issued by the foreign authority remains the operative document; the Recognition Notice Certificate simply grants that licence the same legal effect as an MGA authorisation within the Maltese regulatory perimeter.
This is a meaningful and consequential distinction. It means that the recognised operator remains primarily subject to the oversight and requirements of its home regulator, not the MGA. At the same time, once a Recognition Notice is in place, the operator is lawfully able to operate in Malta, to transact with Maltese-licensed B2C operators or B2B suppliers and partners, and to offer services to players in or from Malta without being in breach of Maltese gaming law.
Who Needs a Recognition Notice?
The key principle at law is that an operator requires an MGA authorisation, whether through an MGA licence or a Recognition Notice, whenever it is:
- providing a gaming service from Malta (i.e. the operation is based or managed from Maltese territory);
- providing a gaming service to players physically located in Malta; or
- doing so through a Malta-registered entity.
Any of the above non-exhaustive conditions triggers the requirement for a Maltese authorisation.
Which foreign licenses are recognised by the MGA?
Not all foreign gaming licences are recognised by the MGA, and this is one of the most important aspects of the Recognition Notice regime. An RN applicant needs to apply a substantive (jurisdictional) equivalence test as the MGA does not simply accept any licence from any jurisdiction. Two principle criteria, amongst others, must be satisfied
- A Licence Issued by a Regulator Established at Law, whereby the license held needs to be established at law and issued by a regulator also established at law
- Equivalent Standards and Controls, whereby a plethora of standards and controls present under Malta’s gaming regulatory regime must also be present by the compared jurisdiction, such as responsible gaming measures, AML measures, key technical requirements (such as independent checks on the RNG used), etc
Applying for the Recognition Notice – The Need for a Legal Opinion
The most substantive and technical element of the Recognition Notice application to date is the MGA’s expectation for a legal opinion. This document is key to the MGA's equivalence assessment and must be prepared with care.
In practice, the MGA expects a legal opinion which must credibly address both what Maltese law requires and what the foreign regulatory framework provides, and then draw a reasoned comparison between the two.
The legal opinion is not a formality. The MGA reviews it carefully and retains the right to reject the comparability assessment if it is insufficiently detailed or does not adequately address the equivalence criteria. Operators are strongly advised to engage experienced legal counsel in Malta which have partnering legal counsel in the other jurisdiction that granted the license, and to engage them well in advance of the application date, as preparing a robust legal opinion takes time and requires genuine expertise in both regulatory frameworks.
Validity, Renewal, and Annual Maintenance
A Recognition Notice needs to be renewed annually. MGA’s RN Fee is of €5,000, payable both for application purposes, and subsequently per annual renewal. The RN does not automatically renew, thus each year, the applicant is required to re-apply by submitting a recognition notice annual maintenance application through the MGA Licensee Portal.
Should you wish to learn more as how to apply for a Recognition Notice, whether you need a Recognition Notice or whether your license qualifies for a Recognition Notice, kindly contact our gaming advisory lead Reuben Portanier or our gaming law lead Dr Terence Cassar, or send us an email at info@gtg.com.mt
Author: Mr Reuben Portanier
