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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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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th October 2018
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The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation Corporate and M&ALitigation & Dispute Resolution

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

This article was written by Dr Richard Camilleri, Dr Annalies Muscat and Dr Laura SpiteriIn Thake et v Kummissjoni Elettoraliet, decided on the 8 October 2018, the Constitutional Court held that when it is alleged that a criminal offence has been committed or the severity of the fine imposed means that the conduct in question is deemed to be of a criminal nature, the matter must be determined solely by a court and not by any other body or judicial organ (see more here). This line of reasoning confirms the decision of the same court in Federation of Estate Agents…
Richard Camilleri
25th 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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Unfair Trading Practices in the Food Industry Corporate and M&A

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, following a resolution by the European Parliament in 2016 for the Commission to submit a proposal in this regard. Presently, there is little harmonisation on how Member States combat unfair trading practices, with some Member States, including Malta, having no such legislation in place.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. Small operators in the food supply…
Laura Spiteri
24th October 2018