The EU Digital Services Act (Regulation (EU) 2022/2065) (the “DSA”) has been implemented into Maltese law by virtue of the Digital Services (Designation and Enforcement) Order, Subsidiary Legislation 418.05, (the “Order”) which came into force on 12th March 2024. The Order designates the Malta Communications Authority (“MCA”) as the Digital Services Coordinator for Malta. This role, created by the DSA, tasks the MCA with ensuring that intermediary service providers established in Malta comply with their obligations under the DSA. This entails handling any complaints received by users and acting as the point of contact between service providers and users.
Furthermore, all intermediary hosting providers established in Malta must register as such with the MCA. A form to do so is currently available on the MCA’s website. According to the Order, for any existing providers, any such registrations should have been made by 24th February 2024, notwithstanding the fact that the Order itself only came into effect on 12th March. While it remains to be seen how this deadline will actually be enforced by the MCA, intermediary hosting providers should register with the MCA as soon as possible.
An in-depth article on the DSA will be published by Mamo TCV Advocates in the coming days.
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