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MFSA issues Chapter 3 of the VFA Rulebook on VFA Service Providers Legal Updates

MFSA issues Chapter 3 of the VFA Rulebook on VFA Service Providers

Following the feedback collected from the Consultation Paper issued on the 31st August 2018 regarding the rules applicable to VFA Service Providers, the Malta Financial Services Authority issued the final version of Chapter 3 of the VFA Rulebook on the 25th February 2019. The Rules establish the classes of Licences and the application process in relation thereto, as well as detailing a multitude of implications and obligations of being a VFA Service Provider Licence Holder. The full document can be found at this link: https://www.mfsa.com.mt/wp-content/uploads/2019/03/VFAR_Chapter3_Updated.pdf Disclaimer This document does not purport to give legal, financial or tax advice. Should you…
MamoTCV Advocates
15th March 2019
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Extension of Consultation Period Legal Updates

Extension of Consultation Period

The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019. The Note may be accessed via the following link:https://www.mfsa.com.mt/wp-content/uploads/2019/03/20190311_CSGCD_Extention_FINAL.pdf Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact info@mamotcv.com 
MamoTCV Advocates
14th March 2019
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Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019 Legal Updates

Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019

The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of February 2019:Ionescu v. Romania (Application no. 19788/03 et al.) – the ECtHR declared a breach of A1-P1 in a case where the owners of an expropriated property could not retrieve possession of that property due to the resale of said property by the Romanian state to third parties.Alikhanyan v. Armenia (Application no. 6818/10) – the ECtHR declared a breach of A1-P1 in a case where the Armenian state earmarked and expropriated agricultural land for the mining…
MamoTCV Advocates
1st March 2019
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Maltese Lands Authority Fined €5,000 by the IDPC for Personal Data Breach Legal Updates

Maltese Lands Authority Fined €5,000 by the IDPC for Personal Data Breach

On February 18 2019, the Maltese Information and Data Protection Commissioner ('IDPC') issued his decision to the Lands Authority ('the Authority') following the investigation by the IDPC of the data breach which was brought to the IDPC's attention by the local press on 23rd November 2018. In the said journalistic piece, it was alleged that the Authority's website contained a serious flaw allowing significant amounts of personal data to be made available to the general public (via search engines). Over the course of his investigation, the Commissioner noted that the Authority's online portal indeed lacked the necessary technical and organisational…
MamoTCV Advocates
21st February 2019
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EIOPA issues Recommendations for the insurance sector in light of the UK withdrawing from the EU without a withdrawal agreement. Legal Updates

EIOPA issues Recommendations for the insurance sector in light of the UK withdrawing from the EU without a withdrawal agreement.

On the 19 February, the European Insurance and Occupational Pensions Authority (EIOPA) issued Recommendations addressed to the National Competent Authorities (NCAs) providing guidance on the treatment of UK insurance undertakings and distributors with regard to cross-border services in the EU after the withdrawal of the UK from the EU without a withdrawal agreement. The Recommendations will apply as of the date following that on which the European Union's acquis ceases to apply to and in the United Kingdom.In principle, insurance contracts concluded before that date by UK insurance undertakings in the EU27 are valid after that date. However, the insurance…
MamoTCV Advocates
21st February 2019
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Prospectus and Transparency Rules in Case of No-Deal Brexit Legal Updates

Prospectus and Transparency Rules in Case of No-Deal Brexit

On the 31 January 2019, the European Securities and Markets Authority (ESMA) issued three Q&As regarding the Prospectus Directive (PD) and the Transparency Directive (TD).The purpose of the Q&As is to promote common supervisory approaches and practices in the application of the PD and the TD in case of a no-deal Brexit. The Q&As provide the following clarifications in the event of a no-deal Brexit: 1.When issuers of equity securities and non-equity securities below 1,000 EUR who currently have the UK as their PD home Member State choose a new home Member State, they should choose between the EU27 Member…
MamoTCV Advocates
12th February 2019