Insights

Employment and Industrial Relations News

Employers Beware before ‘Spying’ on Employees!

In a case decided last year, in the famous case of Barbulescu v Romania, the ECHR had found that there had been no breach of the employee's right to privacy when his employer dismissed him over private messages sent at work on the Yahoo messenger system set up by the same employer for work purposes. The employee's private online exchanges were being monitored and recorded by his employer. Personal use, such as that made by the employee, was in violation of the employer's internal regulations. The employer had proceeded to terminate his employment with the local Romanian county court, and…

Christine Calleja5th September 2017

Employment and Industrial Relations Telecoms, Media & Technology

Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data

On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") . This authoritative document complements previous WP29 publications on similar issues . The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the present Data Protection Act – as well as the EU General Data Protection Regulation ("GDPR") that will enter…

Claude Micallef Grimaud22nd August 2017

Insurance & Reinsurance

Insurance Intermediaries update: the Insurance Distribution Directive and the proposed amendments to the Insurance Intermediaries Act and the Insurance Business Act

Further to the MFSA Circular on the transposition of the Insurance Distribution Directive ('IDD') issued on the 10th April 2017, the MFSA has now issued a consultation document highlighting the main changes proposed to be carried out to the Insurance Intermediaries Act ('IIA') as well as the Insurance Business Act ('IBA'). Attached to the consultation document are the draft bills amending the IIA and IBA. The MFSA has also issued for consultation the proposed Insurance Distribution (Exemption) Regulations, 2017. A. Insurance agent, broker and managerThe IDD introduces a number of new requirements. In order for an insurance agent, insurance manger…

Petra Attard1st August 2017

Capital Markets

New Prospectus Regulation: Easier Access to Capital Markets

On 16 May 2017, the Council adopted new rules on prospectuses for the issuing and offering of securities. The new prospectus regulation ("PR3") will repeal and replace the Prospectus Directive (2003/71/EC) and the existing Prospectus Regulation (809/2004). Unlike directives, regulations do not require further implementation measures by EU member states to be effective. The main aim of PR3 is to facilitate access to financial markets for companies, particularly small and medium-sized enterprises through the simplification of the rules and streamlining of related administrative procedure.The main changes to the prospectus regime are as follows:Form of Publication. There will no longer be…

Mikiel Calleja25th July 2017

Gaming & Betting

Malta Gaming Authority Announces Major Overhaul Of Maltese Gaming Law

This article was written by Dr. Michael Psaila and Dr. Andrea Theuma.The Malta Gaming Authority ('MGA') has just published a new consultation paper proposing major reforms to Malta's current gaming legal framework. The proposed overhaul aims to repeal all the existing gaming legislation currently in force by replacing the latter with a singular primary Act of Parliament entitled the Gaming Act, which will empower the competent Minister to publish regulations and grant powers to the MGA to publish directives and issue rulings as well as guidelines and policies, thereby ensuring timely and flexible interventions, especially in relation to technical specifications…

Michael Psaila17th July 2017

Antitrust, Competition and Trade

Mamo TCV speakers at the Annual Consumer Law and Policy Conference

This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi.Two of our lawyers – partner Dr Richard Camilleri and senior associate Dr Annalies Azzopardi –gave a joint presentation entitled 'How does competition law contribute to consumer welfare?' at the Annual Consumer Law and Policy Conference.The Conference was held on World Consumers' Day, which falls on 15th March, and organised by the Chamber of Advocates, Malta together with the Department of Commercial Law at the University of Malta and the Malta Law Academy of the Chamber of Advocates.This year, the conference was attended by representatives from the European Commission.…

Richard Camilleri4th July 2017