Memorandum of Understanding NGA and MGA

The Netherlands Gambling Authority (“NGA”) and the Malta Gaming Authority (“MGA”) have signed a cooperation agreement, a so-called Memorandum of Understanding. Both regulators announced this at the end of August 2020 (for the MGA see here and for the KSA see here).

It is not uncommon for supervisory authorities to conclude a Memorandum of Understanding. These contain written agreements on mutual cooperation, for example concerning the exchange of information. It follows from the opening words of the Memorandum of Understanding between the NGA and the MGA (“MoU”) that both authorities consider it important to strengthen their collaboration. It is indicated that international cooperation between regulators is necessary, given the international nature of the gambling industry.

The MoU enters into force as soon as the Remote Gambling Act comes into force (Article 6.1 MoU). The current prognosis is that this will happen on 1 March 2021, as confirmed by the Ministry of Justice and Security last Friday (4 September 2020).

Article 2 of the MoU does not create any legally binding obligations or confer any rights. Moreover, it does not change or replace any Dutch or Maltese laws or regulations, as can be read in Article 2.6 MoU.

In any case, the MoU is important as it will likely ease the exchange of information between the NGA and the MGA. It is indicated that this will relate, for example, to (future) applications for obtaining a license for organizing remote games of chance and concerning enforcement cases.

Given the fact that many remote gambling operators are based in Malta and are supervised by the MGA, the NGA in particular hopes to benefit from better cooperation with the Maltese regulator.