Data Protection law was introduced some time ago in Malta – rather recently, and very much in line with the EU Frameworks. Malta is not party to the European Convention on data protection, however it does adhere to the principles enshrined in the EU framework, both generically as well as in the field relating to telecoms.
Although this has always been an important right of the individual, data protection is now even more important in the light of the ease with which data is processed in today’s technological world.
A customer would be well-advised to ensure compliance with data protection rules when processing data relating to persons.
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The Electronic Commerce Act of 2001, is based on the E-Commerce Directive of the EU. It regulates in some detail the validity of electronic contracts and transactions. It also provides for rules on the transmission of electronic communications, provision of signature certification, as to the time and place when the electronic communication is deemed to have been dispatched and received. This law is administered by the Malta Communications Authority and has constituted important developments governing sales over the Internet in Malta.
The Electronic Commerce Act regulates also the liability of intermediary service providers – mere conduiting, caching and hosting would fall under different rules than thos applying to the actual service provider or content provider.
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Competition Law in Malta is largely based on Articles 81 and 82 of the EC Treaty and the practice developed by the European Commission and by the European Court of Justice.
The Office of Fair Trade, and the Commission for Fair Competition, deal with matters relating to violations of the Competition Act in Malta. This Act centres around the above captioned Articles, while adapting them to the local scenario.
Services offered in this sector include actions before the said Office, as well as legal advice as to compatibility of agreements and practices with the said Act.
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Formerly referred to as Telecommunications Law, this new sector encompasses a wider spectrum of services since the law now attempts be as technologically neutral as possible.
The new EU regulatory framework imposes a number of obligations on the Member States to further open up their telecom markets to competition, including lightening of authorisation regimes and reducing the number of sector-specific obligations that are imposed on market players.
This new system attempts to apply in a more generic fashion the Competition Law principles under Articles 81 and 82 of the EC Treaty. This will entail the involvement of the Competition Authorities besides the National Regulatory Authorities for Electronic Communications.
While there is one Framework Directive, the Specific Directives outline those obligations, remnants of the previous regime, which have to be applied in the absence of competition.
Malta has transposed this framework, and it is already in force.
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