Regolamenti tal-2018 dwar il-Protezzjoni ta’ Ġugaturi

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,028, 20 ta’ Lulju, 2018

Taqsima B

A.L. 246 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar il-Protezzjoni ta’ Ġugaturi

Taqsim tar-Regolamenti

Regolamenti

Taqsima I

Titolu u Tifsiriet

1 - 2

Taqsima II

Logħob Responsabbli

Taqsima III

Protezzjoni ta’ Fondi ta’ Ġugaturi

4 - 9

Taqsima IV

Termini Inġusti

10 - 11

Taqsima V

Tilwim ma’ Ġugaturi

12 - 15

A.L. 246 tal-2018

ATT DWAR IL-LOGĦOB

(KAP. 583)

Regolamenti tal-2018 dwar il-Protezzjoni ta’ Ġugaturi

BIS-SAĦĦA tas-setgħat mogħtija bl-artikolu 12 tal-Att dwar il-

Logħob, is-Segretarju Parlamentari għas-Servizzi Finanzjarji,

Ekonomija Diġitali u Innovazzjoni, wara konsultazzjoni mal-Awtorità

ta’ Malta dwar il-Logħob, għamel dawn ir-regolamenti li ġejjin:-

Taqsima I

Titolu u Tifsiriet

The title of these regulations is the Gaming Player Citation.

Protection Regulations, 2018.

(1) In these regulations, save as provided in sub- Interpretation.

regulations (2) and (3), all words and phrases shall have the same

meaning as prescribed in the Gaming Definitions Regulations, 2018. L.N.

2018. (2) In these regulations, unless the context otherwise requires, Cap.583.

"the Act" means the Gaming Act.

(3) All other terms used in these regulations shall have the

same meaning attributed to them in the Act.

Part II

Responsible Gaming

(1) An operator shall produce sufficient evidence to the Responsible

Authority to show that the following objectives are being satisfied gaming

objectives.

thereby

(a)

ensuring that proper controls, policies

and

procedures are in place to prevent gaming by minors;

(b) ensuring that proper controls, policies

and

procedures are in place to protect vulnerable persons;

(c)

ensuring that the interests of all players are

adequately safeguarded and that players are provided with

information on any and all avenues of recourse they may have if

they feel aggrieved by a decision of the authorised person;

(d)

ensuring that all information relevant to the gaming

service is readily available to players;

(e)

ensuring that information related to responsible

gaming is readily available to players;

(f)

ensuring that tools are readily available empowering

players or any other persons to control their use of gaming

services and to safeguard themselves from the effects of

problem gaming; and

(g) ensuring that the marketing and advertising of the

2018. gaming service is fair and in accordance with the Gaming

Commercial Communications Regulations,2018 and any other

applicable regulatory instrument or any other applicable law.

(2) The Authority may, by means of a binding instrument,

further specify how any or all of the above objectives must be met by

one or more categories of authorised persons.

Part III

Protection of Player Funds

(1) An authorised person in possession of player funds

shall hold such funds solely for and on behalf of and in the interest of

that player.

(2) Notwithstanding anything stated in article 1894 of the

Civil Code or in any agreement entered into between the authorised

person and the player, and notwithstanding the fact that the player

funds held by the authorised person are registered in the name and

title of or are otherwise vested in the authorised person, such funds

shall be deemed to constitute a distinct patrimony, separate from that

belonging to the authorised person.

(3) Without prejudice to any relevant provisions of the Act,

the control of player funds by an authorised person shall not give or

be deemed or construed to give to the authorised person any rights

over such funds; nor shall it create any form of loan between the

authorised person and the player notwithstanding the nature of the

funds or the rights or obligations of the authorised person in relation

thereto.

A player whose player funds are held by the authorised

person enjoys a right of ownership over such funds notwithstanding

that they may be registered in the name and title of, or are otherwise

vested in, the authorised person.

(1) Notwithstanding anything stated in any other law, Player funds

and notwithstanding anything stated in any agreement which the protected

operator’s

authorised person may have entered into, the creditors of an creditors.

authorised person shall have no claim or right of action on or against

the player funds held by the authorised person for and on behalf of

and in the interest of any player, and such funds shall not be affected

in any manner by the provisions of laws and regulations in force

regulating the insolvency or bankruptcy of the authorised person

Provided that for the sake of clarity, any agreement or

clause therein which conflicts with this sub-regulation shall, to the

extent of such conflict, be deemed ipso jure null and void

Provided further that in the event of commingling of player

funds with the funds of the authorised person in contravention of this

sub-regulation, the claims of players for player funds owed to them

shall constitute a privileged claim, and shall be paid in preference to

all other claims whether privileged or hypothecary.

(2) In the event of any such insolvency or bankruptcy or

related order or resolution, or in the event that the Authority so

requires, the authorised person or any administrator or receiver or

other officer appointed to represent it by any court or otherwise shall,

on demand of any player or of the Authority, immediately transfer the

control, possession and title to all player funds held by such

authorised person to such other person as may be instructed by the

Authority.

(3) In the event that any funds held under the control of the

authorised person are, at the request of any creditor of the authorised

person, made subject to any precautionary or executive act or warrant

granted by any Court in terms of the Code of Organization and Civil Cap. 12.

Procedure, or any other similar measure, any players on whose behalf

player funds are being held, the authorised person on behalf of the

players or the Authority may, by application to the Court, request the

release of the funds from such act, warrant or measure and the Court

shall, on production of evidence as it may deem fit, accede to the

application without undue delay.

(1) An authorised person shall segregate player funds at Player funds to

all times from the funds of any other person, provided that the funds be

segregated.

of each player may be held in a common player funds account. The

funds of each player shall remain separately identifiable at all times.

(2) The Authority may, in its sole discretion, exercise viewing

rights over the common account of player funds.

Where the authorised person delegates or entrusts

functions or duties relating to the management and, or holding of

player funds to a third party, without prejudice to the liability of such

third party towards the authorised person or otherwise, the authorised

person shall be fully responsible for all regulatory requirements

connected to player funds, and shall be liable towards players for any

loss or prejudice suffered by such players as a result of the acts,

omissions or insolvency of such third party.

(1) Without prejudice to the other provisions in this Part

or in the Act, the Authority may by means of a binding instrument

specify in further detail the means by which an authorised person

must safeguard player funds.

(2) Without prejudice to the other provisions in this Part or in

the Act, the Authority shall only allow a third party to hold player

funds on behalf of the authorised person if it is satisfied that the

player funds shall be adequately safeguarded thereby

Provided that the provisions of this Part shall apply even

when the funds are held by such a third party.

Part IV

Unfair Terms

(1) Operators shall ensure that the terms and conditions

applicable to the provision of their gaming service are intelligible and

easily accessible, and that changes thereto are made in a fair and

transparent manner, and that players have explicitly accepted the

latest version of the terms and conditions before being allowed to

start or continue being the recipient of a gaming service.

(2) Where any provision in such terms and conditions is

ambivalent, or any reasonable doubt arises as to the meaning thereof,

the interpretation most favourable to the player shall prevail.

Operators shall ensure that the terms and conditions

applicable to the provision of their gaming service are not unfair in

terms of Part VII of the Consumer Affairs Act.

Part V

Player Disputes

Players shall make use of a gaming service in a fair manner

and shall comply with the terms and conditions applicable thereto.

(1) Operators shall make readily available to players the Players to be

applicable procedures for making a complaint to them and for informed

complaint

referring a complaint to the Player Support Unit or to another ADR mechanisms.

entity in the event described in regulation 14.

(2) (a)

Operators shall, upon receipt of a complaint made

by a player who makes or has made use of their gaming service,

immediately inquire into the complaint.

(b) Operators shall inform the complainant of the results

of such inquiry within ten days from the date on which the complaint

is received

Provided that where the nature of the inquiry is such that

more time is necessary to complete it, such period may be extended

by a further ten days

Provided further that where such extension is necessary,

the player shall be informed within the first ten days from the date of

receipt of the complaint that the authorised person shall be making

use of such extension, and the reason or reasons why such extension

is warranted.

(c)

In communicating the results of the inquiry to the

complainant, the operator shall also provide the complainant with the

procedure for referring the complaint to the Authority’s Player

Support Unit or to another ADR entity in terms of regulation 14.

Where a player feels aggrieved by a decision or other Players to be

action of the operator, he shall be able to make a complaint to the able

complaint.

operator and, in the event that he is not satisfied by the response of

the operator, the player may refer such complaint and all relevant

facts to the Authority’s Player Support Unit or to another ADR entity.

(1) There shall be established by the Authority, whether Player Support

as part of the Authority or as an independent entity, a Player Support Unit.

Unit with the function of receiving complaints from players arising

out of or in connection with any gaming service.

(2) Without prejudice to the provisions of sub-regulation (3),

the Player Support Unit shall, with respect to any complaint which

shall be received thereby, examine the merits of such complaint and

act as a mediator between the player and the relevant authorised

person to facilitate an amicable settlement of the dispute.

(3) Without prejudice to the generality of the powers of

officials of the Authority in terms of the applicable regulatory

instruments and any other law, in investigating a complaint the Player

Support Unit shall be entitled to demand any pertinent information

from the relevant authorised person.

(4) If during the handling of a player complaint, the Player

Support Unit identifies a potential breach of a regulatory instrument,

the Player Support Unit shall escalate the issue to the Authority’s

directorate responsible for compliance.

(5) The Authority may, by means of a binding instrument,

establish the rules and procedures to which the Player Support Unit

shall adhere, including but not limited to the minimum criteria for a

complaint to be received and processed thereby.

€0.63