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Insights

The proposed EU AI Act will provide for four risk classifications of artificial intelligence. Each classification will trigger different rules. In this insight briefing we analyse the use of AI in investment funds to determine which one of the four AI classifications would be applicable.
AI & Funds #3 – Risk Classifications Investment Services & Funds

AI & Funds #3 – Risk Classifications

If the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”) becomes law, investment funds could have an additional risk which would need consideration, namely, the AI risk. As outlined in previous briefings in this insight-series, the definition of AI as provided in Article 3 of the draft EU AI Act will be an umbrella term which includes machine-learning and algorithms which are already being used in the asset management industry according to a report1 by the European Securities and Markets Authority. The draft EU…
Mario Mizzi
23rd February 2023
Mamo TCV Advocates will once again be participating at the KSU Careers Expo which will be held at the University of Malta on the 28th February, 2023.
Mamo TCV to participate at KSU Careers Expo 2023 News

Mamo TCV to participate at KSU Careers Expo 2023

Mamo TCV Advocates will once again be participating at the KSU Careers Expo which will be held at the University of Malta on the 28th February, 2023. Lawyers from Mamo TCV will be available to meet with students at the Firm’s stand on campus where they will be able to answer questions in relation to the Firm’s 2023 student internship program, as well as questions about their prospective careers and life at the Firm in general.
Mamo TCV Advocates
22nd February 2023
Digital Services Act Deadline: By 17 February 2023, Online Platform Providers were Required to Publish Average Monthly Active Recipients
Digital Services Act Deadline for Online Platform Providers Telecoms, Media & Technology

Digital Services Act Deadline for Online Platform Providers

17 February, 2023, marks the deadline for providers of online platforms to publish information on the average monthly active recipients of their services in the European Union (EU), as required by the Digital Services Act (Regulation (EU) 2022/2065) (DSA). The DSA defines online platforms as providers of hosting services that publicly disseminate users’ information. The European Commission has previously provided that online platforms cover a wide range of activities and include: Online marketplaces; Social media platforms;  Creative content outlets;  App stores;  Platforms for the collaborative economy;  Price comparison websites; and  Search engines. Under the DSA, providers of online platforms must…
Mamo TCV Advocates
17th February 2023
In this insight briefing, we analyse the draft EU directive on non-contractual liability relating to AI and compare it with non-contractual liability in the UCITS V directive and the AIFMD to decipher how AI’s non-contractual liability can impact EU-licensed investment funds.
AI & Funds #2 – non-contractual liability Investment Services & Funds

AI & Funds #2 – non-contractual liability

In addition to the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”), the EU Commission is also proposing a separate draft directive on non-contractual liability relating to AI titled ‘Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence’ (the “draft AI Liability Directive”). Whilst the draft EU AI Act aims to define AI and mitigate risks by safeguarding fundamental rights in the use of AI within the EU, the draft AI Liability Directive sets forth provisions allowing persons to bring…
Mario Mizzi
16th February 2023
we share our insights on when the investment discretion shifts from humans to AI by analysing whether a legal definition of artificial intelligence has been determined.
AI & Funds #1 – investment discretion Investment Services & Funds

AI & Funds #1 – investment discretion

When one instructs a painter to draw a portrait (no matter how detailed the instructions may be) the painter will always have discretion in executing the final product. Likewise, in investment funds, the investment manager is instructed to invest according to various rules and timeframes which are detailed in the investment strategy as approved by the competent financial regulator, but there will still remain investment discretion on how the investment strategy is executed. This discretion is normally based on a number of statistically orientated formulas which analyses quantitative and qualitative data. Artificial Intelligence (“AI”) is being increasingly used in these…
Mario Mizzi
8th February 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
The MFSA has proposed amendments to the Insurance Distribution Rules Insurance & ReinsuranceLegal Updates

The MFSA has proposed amendments to the Insurance Distribution Rules

The MFSA commenced a consultation process on its proposed amendments to the Insurance Distribution Rules (hereinafter referred to as the “IDR”). The consultation process began on the 26th of January 2023 and closes on the 8th of March 2023. The following amendments are being proposed: Chapter 1 in relation to Professional Indemnity requirements; Chapter 2, together with a proposed new draft Annex to Chapter 2 and draft Schedules 4 – 8 of Chapter 2 in relation to: (i) the pre-requisite qualifications when submitting an application for registration of individuals in the Agents Register, Managers Register or Brokers Register, (ii) the…
Mamo TCV Advocates
8th February 2023