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Warren Ciantar

EU AI Act series
AI in Investment Services: MIFID Considerations Investment Services & Funds

AI in Investment Services: MIFID Considerations

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Investment legislation can be split into two broad categories: investment funds and investment services. The former principally relates to UCITS, AIFMD and local laws which regulate asset management and their service providers. The latter relates to regulating financial instruments and the investment markets thereof. The interplay of AI with investment funds was discussed by our Firm in a series of six insights last year titled “AI and Funds” which can be read here.  Hence, in this article in the ongoing…
Warren Ciantar
25th October 2024
Pier on Seashore in Malta
DORA: An Overview of the Maltese Legal Provisions Data Protection and PrivacyDORATelecoms, Media & Technology

DORA: An Overview of the Maltese Legal Provisions

On 16 July 2024, Legal Notice 166 of 2024 was published in Malta. This implemented the relevant provisions of DORA (full title being Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) 648/2012, (EU) 600/2014, (EU) No 909/2014 and (EU) 2016/1011) into Maltese law. The said provisions can now be found under the Malta Financial Services Authority Act (Digital Operational Resilience Act (DORA)) Regulations, 2024 (S.L. 330.20) – the ‘Maltese Regulations’. The Maltese Regulations shall come into force on…
Warren Ciantar
31st July 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…
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
30th August 2022
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Transfers of Personal Data to Third Countries: A Brief look at the New SCCs Telecoms, Media & Technology

Transfers of Personal Data to Third Countries: A Brief look at the New SCCs

This article was written by​ Dr Michael Camilleri, Dr Warren Ciantar and Dr Claude Micallef-Grimaud. Transferring personal data from one EU Member State to another does not entail any formalities in addition to the basic and established requirements of the EU General Data Protection Regulation (GDPR). The reason for this is because all EU Member States are, by default, deemed to offer an 'adequate level of protection due to the robust and mostly harmonised privacy laws in place. The same can largely be said about countries within the European Economic Area (EEA). Transfers of personal data from the EU to the so-called…
Warren Ciantar
14th September 2021
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Upcoming ‘Digital’ Laws: The Future Is Now NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020