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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