Digital Gaming Law

New Gaming Licence Fees Regulations In Malta

In recent years, digital gaming distinctively became one of the fastest-growing and highly lucrative sectors globally, principally competing with the film and music industry. Digital Gaming is also the top grossing intellectual property sector. Prominently, the debut of mobile gaming, coupled with social gaming, has elevated the concept of Digital Gaming Law to a new dimension due to its easy access and mobility. In conjunction, social networking sites have served as a popular platform which makes digital gaming ever more attractive to the general public, irrespective of the different age groups or social positions. The varied genres of a video / digital game, including lifelike games; horror-themes games; role-playing games and so on, augment the possibility that people’s attention will be diverted towards the sector through the stimulation of interactivity and creativity. 

Digital gaming, analogous to other forms of entertainment, exists as a cross-disciplinary field encompassing programmers and developers; game designers; sound designers; producers as well as other technical experts or specialists employed within the sector. The rapid advancement and expansion of the digital gaming industry is attracting further segments/professions which originally were not included, such as musicians and artists. 

Malta Digital Gaming Law 

At a European level, the regulatory process is generally embryonic in relation to the legal strategies which companies and businesses may foster to protect themselves but also flourish in the Digital Gaming industry. Malta stands as an exception to this as its legislator took a very proactive approach when it came to Digital Gaming Law to turn Malta into a leading iGaming hub. The growth experienced in the Malta digital gaming industry is a result of an increase in the incoming digital gaming investment but also a maturity in the legal and industrial environment that Malta offers to this industry. 

Indeed, Malta, as a European iGaming hub has experienced a substantial development in the industry of digital gaming to the extent that in 2009, the Malta digital gaming industry surpassed both the film and music industry. It is established that due to the fact that the gaming industry generally permits a diverse spectrum of platforms, for instance box-sales, PC, console games, smart phones and tablet devices; further growth may take place expeditiously. 

 From a legal and practical point of view, Malta enjoys the potentiality to provide a positively successful experience to digital gaming companies and businesses already established in Malta, as well as to prospective digital gaming investors. Apart from its state-of-the-art telecommunications infrastructure and geographically strategic position, Malta also offers favourable tax rates and tax credits for expenditures which might be granted through the acquisition of tangible and intangible assets and for research and development purposes. Furthermore, assistance is likewise granted for the financing of new Malta digital gaming start-ups and enterprises engaged in the sector, for the acquisition of new technologies and services which expose a promising future for job creation combined with a possibility to enjoy the privilege of co-financing employees’ wages and the leasing of equipment and amenities. 

Cyprus Digital Gaming Law 

In Cyprus, gambling remains a highly popular past time. In 2012, the Cypriot government enacted the Betting Law which regulates the traditional and newer forms of betting in Cyprus. Cyprus’ EU accession has opened its gates to Online Gaming Service Providers to set up shop in Cyprus in a well-regulated structure. Cyprus Online Gaming is regulated and licensable as per the aforementioned Law. 

Our Digital Gaming Law Team 

Established in a country which stands out as a leading European iGaming hub, our firm has sought to take an active approach in the digital gaming sector, which has indubitably grown into one of the most beneficial and flourishing sectors. Our clientele encompasses a far-reaching spectrum of clients, including software companies setting up gaming platforms, game designers, game developers, programmers and operators offering digital gaming services to players. 

Our Digital Gaming Law team encompasses lawyers, accountants, IT consultants and tax advisers with vast expertise in Maltese and Cypriot corporate law, digital gaming law, entertainment law, IT law, international, intellectual property law and employment law. The multi-disciplinary nature of the team ensures that all aspects of the business are taken care of.  Being one of the first firms to practice in the digital gaming sector, Chetcuti Cauchi’s Digital Gaming Law team members enjoy a legacy of specialized expertise which they apply to the particular needs of the client, providing practical solutions.

 Chetcuti Cauchi, with pleasure, provides numerous services in the dynamic and expeditious sector of Digital Gaming Law, comprising legal advice and assistance in relation to:

  • application for and attainment of fiscal benefits available to the Malta and Cyprus digital gaming industry 
  • corporate structure planning and the development or expansion of any company in the digital gaming sector;
  • gambling licensing exemptions in case of boarder-line game models;
  • compliance with the national laws and regulations; 
  • drafting of EULA (End-of-User Licence Agreement or End-of-User Software Agreement) and terms of service;
  • registration of trademarks both at national level and at the European Union level;
  • copyright, particularly in relation to copyright infringements and consequent investigation, prosecution and consequent copyright infringement proceedings through the pursuit of cyber squatters;
  • protection of intellectual property rights like software codes; platform names; game names; character names and images and so on;
  • digital rights management systems;
  • the creation of licensing, merchandising and distribution agreements;
  • the handling of any employment issues arising in a digital game scenario; 
  • advertising and marketing contracts drafting/review

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Key Contacts

Dr Jean-Philippe Chetcuti

Global Managing Partner & Founder

+356 22056411

Mr Colin B German

Chief Executive Officer

+356 22056442

Dr Maria Chetcuti Cauchi

Senior Partner & Founder, Global Property Investment

+356 22056875

Mr Kenneth Camilleri

Senior Partner, Global Immigration & Tax

+356 22056414

Dr Silvana Zammit

Partner, Global Property, Yachts & Aircraft

+356 22056423

Dr Priscilla Mifsud Parker

Senior Partner, Tax & Corporate

+356 22056422

Ms Michelle de Maria

Partner, Tax

+356 22056692

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