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Nicole Bonett

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Malta’s Transposition of the NIS 2 Directive: S.L. 460.41 Telecoms, Media & Technology

Malta’s Transposition of the NIS 2 Directive: S.L. 460.41

Following Malta’s Draft Order transposing the EU NIS 2 Directive, which closed for public consultation on 7 October 2024, as an EU Member State, Malta was obliged to transpose EU Directive 2022/2555 (‘NIS 2’) by 17 October 2024. The transposition was finally implemented on 8 April 2025 through Legal Notice 71 of 2025 which creates the Measures for a High Common Level of Cybersecurity across the European Union (Malta) Order, 2025 as Subsidiary Legislation 460.41 (S.L. 460.41). It should however be noted that at time of writing, S.L. 460.41 is not yet in force, though it is expected to come…
Nicole Bonett and Warren Ciantar
22nd April 2025
EU AI Act
EU AI Act: Banned AI Practices from 2 February 2025 Telecoms, Media & Technology

EU AI Act: Banned AI Practices from 2 February 2025

The EU AI Act becomes applicable across the EU, including Malta, on 2 August, 2026 (you may read our general overview here). However, the AI Act’s general provisions and the provisions on prohibited AI practices that present an unacceptable level of risk, will come into force as early as 2 February 2025. With this deadline fast approaching, organisations subject to the AI Act must ensure compliance accordingly. AI Literacy By 2 February 2025, providers and deployers of AI systems, including those based in Malta, must take steps to guarantee an adequate level of AI literacy among their staff and any…
Nicole Bonett and Claude Micallef Grimaud
31st January 2025
The EU AI Act
The EU AI Act: A General Overview Telecoms, Media & Technology

The EU AI Act: A General Overview

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Overview & Applicability Timeline The Artificial Intelligence Act (“AI Act” or “Regulation”), officially Regulation (EU) 2024/1689, is a groundbreaking legislative framework designed to address the benefits and risks of AI technologies. Since AI is becoming ubiquitously integrated into various industries, the AI Act aims to ensure that these technologies are deployed safely, ethically, and transparently by establishing rules for AI Systems throughout the European Union (“EU”). The AI Act entered into force across the EU, including Malta,…
Claude Micallef Grimaud and Nicole Bonett
30th September 2024
Key representing digital resilience
Status of DORA Regulatory Technical Standards (“RTS”) DORAFinTechTelecoms, Media & Technology

Status of DORA Regulatory Technical Standards (“RTS”)

Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector ( “DORA”) establishes the EU legislative framework for enhancing digital resilience within the EU’s financial industry. Enforcement commences on 17th January 2025 and the EU Commission is tasked with issuing Regulatory Technical Standards (“RTS”) which supplement DORA. The EU Commission publishes the RTS in the Official Journal as Commission Delegated Regulations, but they are largely based on the input of the European Supervisory Authorities (“ESA”) which comprise of ESMA, EBA and EIOPA. The draft RTS submitted to the European…
Mario Mizzi and Nicole Bonett
17th September 2024
U.S. President Joe Biden has recently signed an Executive Order implementing the commitments made by the U.S. in the agreement reached with the EU concerning a new EU-U.S. data privacy framework.
The New EU-US Personal Data Transfer Framework Data Protection and Privacy

The New EU-US Personal Data Transfer Framework

The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? - Mamo TCV). However, the stability and longevity of the agreement was questioned by Austrian privacy activist Max Schrems who sent an open letter to stakeholders as a warning that the new framework risks being declared invalid, and consequently being struck down by the CJEU, should no reforms to U.S. law take place to…
Nicole Bonett and Warren Ciantar
28th November 2022
The EU Data Act – Not Another GDPR
The EU Data Act – Not Another GDPR Data Protection and Privacy

The EU Data Act – Not Another GDPR

On 23 February 2022, the EU Commission proposed measures regulating the use and access of data, not being ‘personal data’ as understood by the GDPR, within the European Union across all economic sectors. The regulation of the use of data is essential given that data continues to be generated yet underutilised. The draft Regulation is to be read in conjunction with the EU’s Data Governance Act. The aim of the Data Act is to lay down common standards on the re-use of data across sectors. In this manner, the Act operates together with other legislation that has failed to address…
Warren Ciantar and Nicole Bonett
30th August 2022