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New Rules on Secondary Processing of Health Data Come into Force Legal Updates

New Rules on Secondary Processing of Health Data Come into Force

The Minister for Health, following consultation with the Data Protection Commissioner, has enacted regulations, through a Legal Notice, to allow for the secondary processing of health data. Secondary processing includes all those forms of processing that are not linked to the primary purpose (providing a health service) for which the data were collected and thus includes: administrative work, analysis of health records, compiling statistics, compiling evidence in medico-legal cases, investigation of health threats and other research activities. This Legal Notice serves to clarify that such processing of personal data in the health sector would be deemed lawful. The relevant data…
MamoTCV Advocates
9th October 2019
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AI’s Responsibility Gap Telecoms, Media & Technology

AI’s Responsibility Gap

An autonomous vehicle is heading into another vehicle with five people inside. It cannot brake in time. The two options are: to do nothing and allow itself to crash into the vehicle or to divert its trajectory and crash into a wall, almost certainly killing the autonomous vehicle's sole occupant. This is the Artificial Intelligence version of the 'Trolley Problem' - at its core a philosophical/ethical problem tackled from a number of perspectives, not least by a utilitarian approach.This moral question, which was previously a problem which 'merely' troubled the mind, now troubles us in an actual, physical and even…
Michael Camilleri
2nd October 2019
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Update on the Maltese Temporary Permission Regime for UK Investment Firms and Fund Managers. Investment Services & Funds

Update on the Maltese Temporary Permission Regime for UK Investment Firms and Fund Managers.

On 24 September 2019 the Government of Malta issued three legal notices with respect to three Regulations, falling under the Investment Services Act, which are to be amended in order to cater for the event of a no-deal Brexit. This comes following a circular which was issued by the MFSA on 28 March 2019 that introduced the possibility of granting temporary permission to UK entities 1 already passporting into Malta. The three Regulations to be amended include the:i. European Passport Rights for Investment Firms Regulations;ii. Investment Services Act (UCITS Management Company Passport) Regulations; andiii. Investment Services Act (Alternative Investment Fund Manager)…
MamoTCV
30th September 2019
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Court Enforces Restrictive Clause and Corresponding Penalty in an Employment Contract Employment and Industrial Relations

Court Enforces Restrictive Clause and Corresponding Penalty in an Employment Contract

In a judgment delivered on the 16th September 2019, the First Hall Civil Court examined the issue of restrictive covenants in an employment contract. The ex-employee of the plaintiff company had bound himself not to: ""in any way deemed detrimental to the business operation and/or goodwill of the Employer, solicit, communicate, employ, contact or carry out any business deals in the widest sense, whether alone or with any other person or entity, either directly or indirectly, any customers, of the Employer anywhere in Malta or Gozo." Tied to this clause was a corresponding penalty of €18,000 in case of breach.…
Christine Calleja
30th September 2019
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An Overview of the Amendments to the Government Lands Act Real Estate & Construction

An Overview of the Amendments to the Government Lands Act

The Government Lands Act, Chapter 573 of the Laws of Malta, was drafted to regulate the administration of land owned by the Maltese Government. This Act provides for a number of scenarios relating to the acquisition of land by the Government for public purposes, as well as providing for the eviction from lands and properties which are administered or held by the Maltese Government. Legal notice 216 of 2019 provides for a number of amendments relating to the redemption of land which belongs to the Maltese Government or to the Lands Authority, and which falls under the title of revisable perpetual…
Zachary Galea
27th September 2019
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Recent GDPR Fines Issued in Various Countries Legal Updates

Recent GDPR Fines Issued in Various Countries

Country: Greece (first fine ever issued by the Greek data protection authority)Fine Amount: €150,000Issued to: PWC Business SolutionsReason: The company, i.e. an employer, had decided to use consent as a legal basis for processing the personal data of its employees for various standard work-related purposes (e.g. paying the employees, sending the employees' personal data to relevant tax and labour authorities etc.). The Greek data protection authority held that consent is not a sound legal basis in the context of employment, due to the relationship between employer and employee being a subordinate one where there is a natural imbalance of power.Country:…
MamoTCV Advocates
22nd August 2019