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Parliament Tables Bill Amending the Competition Act and Consumer Affairs Act Legal Updates

Parliament Tables Bill Amending the Competition Act and Consumer Affairs Act

In August 2018, the Government of Malta launched a public consultation procedure regarding proposed amendments to the Competition Act (Cap 379 of the laws of Malta), the Consumer Affairs Act (Cap 378 of the laws of Malta), and other related legislation. A draft bill had also been published (you can read about this here.The proposed changes were a reaction to the principles that emerged from the Constitutional Court judgement in Federation of Estate Agents v Direttur Generali (Kompetizzjoni) et of the 3 May 2016 (you can read our article on the judgment here. Following the public consultation process, and the…
MamoTCV Advocates
29th March 2019
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Equity Release Scheme Legal Updates

Equity Release Scheme

During a press conference on the 22 March 2019, the Minister for Finance, Edward Scicluna, announced that regulations on equity release financial products have been drafted and will soon be issued.The regulations cover equity release financial products to be provided by credit or financial institutions who are licensed by the MFSA. In a nutshell, the equity release financial product will be aimed at pension-age citizens who can take out a loan which will be repaid from the future sale of the borrower's residence. The voluntary scheme will enable pensioners to make use of the value of their property without the…
MamoTCV Advocates
25th March 2019
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MFSA issues Chapter 3 of the VFA Rulebook on VFA Service Providers Legal Updates

MFSA issues Chapter 3 of the VFA Rulebook on VFA Service Providers

Following the feedback collected from the Consultation Paper issued on the 31st August 2018 regarding the rules applicable to VFA Service Providers, the Malta Financial Services Authority issued the final version of Chapter 3 of the VFA Rulebook on the 25th February 2019. The Rules establish the classes of Licences and the application process in relation thereto, as well as detailing a multitude of implications and obligations of being a VFA Service Provider Licence Holder. The full document can be found at this link: https://www.mfsa.com.mt/wp-content/uploads/2019/03/VFAR_Chapter3_Updated.pdf Disclaimer This document does not purport to give legal, financial or tax advice. Should you…
MamoTCV Advocates
15th March 2019
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Extension of Consultation Period Legal Updates

Extension of Consultation Period

The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019. The Note may be accessed via the following link:https://www.mfsa.com.mt/wp-content/uploads/2019/03/20190311_CSGCD_Extention_FINAL.pdf Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact info@mamotcv.com 
MamoTCV Advocates
14th March 2019
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Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019 Legal Updates

Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019

The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of February 2019:Ionescu v. Romania (Application no. 19788/03 et al.) – the ECtHR declared a breach of A1-P1 in a case where the owners of an expropriated property could not retrieve possession of that property due to the resale of said property by the Romanian state to third parties.Alikhanyan v. Armenia (Application no. 6818/10) – the ECtHR declared a breach of A1-P1 in a case where the Armenian state earmarked and expropriated agricultural land for the mining…
MamoTCV Advocates
1st March 2019
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Maltese Lands Authority Fined €5,000 by the IDPC for Personal Data Breach Legal Updates

Maltese Lands Authority Fined €5,000 by the IDPC for Personal Data Breach

On February 18 2019, the Maltese Information and Data Protection Commissioner ('IDPC') issued his decision to the Lands Authority ('the Authority') following the investigation by the IDPC of the data breach which was brought to the IDPC's attention by the local press on 23rd November 2018. In the said journalistic piece, it was alleged that the Authority's website contained a serious flaw allowing significant amounts of personal data to be made available to the general public (via search engines). Over the course of his investigation, the Commissioner noted that the Authority's online portal indeed lacked the necessary technical and organisational…
MamoTCV Advocates
21st February 2019