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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
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Antitrust Investigations are not Criminal in Nature Antitrust, Competition and Trade

Antitrust Investigations are not Criminal in Nature

On the 12 July 2019, the Constitutional Court handed down judgment in Falzon Group Holdings Limited et v Director General (Competition). Plaintiffs were seeking to have competition proceedings struck out on the basis that the investigation conducted by the Director General (Competition) under the dispositions of the Competition Act (Cap 379 of the laws of Malta and hereinafter the 'Act') breached their right to a fair hearing under article 39(1) of the Constitution and article 6 of the European Convention on Human Rights. This case was filed in the wake of Federation of Estate Agents v Director General (Competition), by…
Annalies Muscat
21st August 2019
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Towards Trustworthy AI: Malta’s Ethical AI Framework Open for Public Consultation Telecoms, Media & Technology

Towards Trustworthy AI: Malta’s Ethical AI Framework Open for Public Consultation

In a bid to establish Malta as the "Ultimate AI Launchpad," the Malta.AI Taskforce has released a public consultation document on its intended ethical framework for Artificial Intelligence technology.The title of the document is self-explanatory: "Towards Trustworthy AI". This reflects the Maltese government's intentions of establishing a stable ground for the future development of disruptive technologies.Building on its National AI Strategy  the government intends to base the future of Malta's AI development on four objectives:A human-centric approachRespect for applicable laws, regulations, human rights and democratic valuesMaximising the benefits of AI systems while reducing risksAligning with international standards and norms. Following…
Michael Camilleri
13th August 2019
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The Companies Act (Register of Beneficial Owners) Regulations and Recent Amendments Investment Services & Funds

The Companies Act (Register of Beneficial Owners) Regulations and Recent Amendments

The Companies Act (Register of Beneficial Owners) Regulations (the "Regulations") introduced the obligation on all companies constituted under the Companies Act, to submit to the Registrar a declaration containing information on all the beneficial owners of the company. This information submitted to the Registrar is used to compile an electronic register of all the beneficial owners of Maltese companies. The Regulations exempt certain entities from the obligations established by the Regulations. Exempted entities are companies listed on a regulated market which are subject to disclosure requirements consistent with EU law, or any equivalent international standards which ensure adequate transparency. Moreover,…
Anna Grech
13th August 2019