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Telecoms, Media & Technology

The ‘eIDAS’ Regulation & its Effect on Maltese Electronic Commerce Law

On 1st July 2016, Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market ('eIDAS Regulation') took effect in Malta. The Regulation was transposed into Maltese law by means of Act XXXV of 2016. All existing Maltese provisions that were inconsistent with the eIDAS Regulation have been amended or repealed. This article seeks to describe the main features of the eIDAS Regulation (regulating, inter alia, electronic signatures, electronic seals and electronic time stamps), and more importantly, to offer guidance on the various changes and effects of this EU Regulation on Maltese eCommerce Law.  …
Claude Micallef Grimaud
7th February 2017
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Antitrust, Competition and Trade

The Consequences of Federation of Estate Agents vs Director General (Competition) et

This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi.A number of press reports and articles have appeared recently in the Maltese media regarding the consequences of the Constitutional Court judgment in Federation of Estate Agents vs Director General (Competition) et (3 May 2016).This judgment held that certain provisions of the Competition Act breached the right to a fair hearing enshrined in the Constitution. You can read a summary of judgment in first instance here and a summary of the Constitutional Court judgment here.This document does not purport to give legal, financial or tax advice. Should you require…
Richard Camilleri
6th February 2017
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Insurance & Reinsurance

Brexit and the Insurance Market – Destination Malta?

following the June 2016 decision of the UK voters to exit from the European Union, a number of players in the London insurance market started querying the possible long-term effects of Brexit. The main concern that is being flagged refers to the access to the EU single market. Undoubtedly, the single passport regime proved to be a successful story for the EU, which underpinned the continued growth and solidity of the EU's financial services industry. But, what if Brexit actually happens, the UK has to forfeit its right to access the EU single market and its firms will no longer be…
Edmond Zammit Laferla
12th January 2017
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Antitrust, Competition and Trade

Agreement Regarding the Distribution of LPG in Malta Held to be in Breach of the Competition Rules

This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi.In a decision in the names Uffiċċju għall-Kompetizzjoni Ġusta v Korporazzjoni Enemalta et handed down on 4 October 2016, the Competition and Consumer Appeals Tribunal ("the Tribunal") found that the various gas distributors, the GRTU, an association which represented the said distributors, and Enemalta plc, then Enemalta Corporation ("Enemalta") had breached the competition rules by dividing Malta and Gozo into various 'territories' for the purpose of distributing LPG in cylinders. These various undertakings and association of undertakings were therefore found to have breached Article 5(1) of the Competition Act…
Richard Camilleri
3rd January 2017
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Insurance & Reinsurance

Mamo TCV Obtains Favourable Decision for Plaintiffs in Insurance Proceedings

In a judgement dated 31st October 2016 presided by Mr. Justice Anthony Ellul, in the names Atlas Insurance PCC Ltd and Middlesea Insurance plc in their name and as subrogated in the rights of the insured Attard Bros Company Ltd vs Elmo Insurance Ltd, the Civil Court, First Hall held that the concept of double insurance in terms of English law was recognised in Malta and therefore the defendant company was obliged to contribute to the payment made by the plaintiff companies. This decision makes an important contribution to the body of Maltese insurance substantive law.This case focused on two…
Joseph Borg Bartolo
22nd December 2016
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Telecoms, Media & Technology

Legal Implications of Cloud Technology

Dr. Claude Micallef-Grimaud recently spoke on behalf of Microsoft Corporation ('Microsoft') at a half-day public seminar organised by the Malta IT Law Association (MITLA) on the topic of 'trust in cloud technology'. The event took place on 12th December 2016 at SmartCity Malta (SCM). Throughout his presentation, Dr. Micallef-Grimaud used Microsoft itself as a case-study to analyze what certain cloud service providers do to earn public trust in modern technology like 'the cloud'. The main point that he raised was that if people don't trust new technology, they simply won't use it and if that happens, innovation will grind to…
Claude Micallef Grimaud
14th December 2016