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Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails Legal Updates

Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails

In a judgment delivered on 5th October 2018, in the names of Doreen Camilleri vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Information and Data Protection Appeals Tribunal (the 'Tribunal').The case related to an ex-employee of the European Union Programmes Agency ('EUPA') who claimed that her data protection rights had been infringed when following termination of her employment, the password to her work email inbox was changed, denying her access to the same while the EUPA's access to such work email inbox was retained. Ms Camilleri originally…
MamoTCV Advocates
29th October 2018
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Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails Legal Updates

Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails

In a judgment delivered on 5th October 2018, in the names of Doreen Camilleri vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Information and Data Protection Appeals Tribunal (the 'Tribunal').The case related to an ex-employee of the European Union Programmes Agency ('EUPA') who claimed that her data protection rights had been infringed when following termination of her employment, the password to her work email inbox was changed, denying her access to the same while the EUPA's access to such work email inbox was retained. Ms Camilleri originally…
MamoTCV Advocates
29th October 2018
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Legal Update: Unfair Trading Practices in the Food Industry Legal Updates

Legal Update: Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not.The EU's Special Committee on Agriculture supported the Commission's draft Directive. However, on the 1 October 2018, Members of the European Parliament that form part of the Agricultural Committee voted in favour of extending the protection afforded by the draft Directive to all producers and supplies, irrespective of whether they…
MamoTCV Advocates
24th October 2018
pexels-photo-533360.jpeg
Legal Update: Unfair Trading Practices in the Food Industry Legal Updates

Legal Update: Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not.The EU's Special Committee on Agriculture supported the Commission's draft Directive. However, on the 1 October 2018, Members of the European Parliament that form part of the Agricultural Committee voted in favour of extending the protection afforded by the draft Directive to all producers and supplies, irrespective of whether they…
MamoTCV Advocates
24th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018
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Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature Legal Updates

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutiny of the fundamental rights protected by the…
MamoTCV Advocates
18th October 2018