Articles
Reimbursement of Trademark Fees for SMEs
The European small and medium-sized enterprises (SMEs) are considered to be crucial to the European economy. They represent over 99% of all European enterprises and provide 67% of total employment in Europe. Innovation...
The Balancing Act between Employers’ Legitimate Interest to Monitor Employees and Employees’ Right to Data Privacy
With the plethora of mitigating measures implemented and recommended by the health authorities to curb the spread of COVID-19, many businesses were compelled to shift their workforce to operate remotely from the safety...
Commercial Yacht Code 2020
The Merchant Shipping Directorate within the Authority for Transport in Malta (the ‘Directorate’), has recently issued the revised Commercial Yacht Code 2020 (the ‘CYC 2020’) which succeeds the former Commercial Yacht...
Malta Flag – Developments In The Yachting Registration Sector
It has definitely been a challenging year for many industries around the world, however Malta’s maritime industry is experiencing exciting times both from a results perspective as well as in the light of a number of...
“Deadlock” Among Various Grounds Of Sufficient Gravity That Warrant Dissolution Of A Company
Article 214 (2) (b) (iii) of the Companies Act, Chapter 386 of the laws of Malta empowers the Maltese Courts ordering the dissolution of a company where the Court “is of the opinion that there are grounds of sufficient...
Defunct Companies And The Devolution Of Assets To Government
Article 325 of the Companies Act, Chapter 386 of the laws of Malta, vests the Registrar of Companies with the prerogative to strike a company off the register where he has reasonable cause to believe that a company has...
The Malta Shipping Registry Ranks Into Paris MOU’s Top 20
The Maltese Shipping Registry, has qualified into the 17th place in the prestigious Paris Memorandum of Understanding on Port State Control ( Paris MoU ), whilst also retaining its place as Europe’s top registry and...
The “Household Exemption” In GDPR
Article 2 (2) (c) of the General Data Protection Regulation (GDPR) states that it does not apply to the processing of personal data “by a natural person in the course of a purely personal or household activity”. In a...
The European Commission Recommendation on Travel Vouchers
On the 13th May 2020, the European Commission presented a package of guidelines and recommendations to help Member States gradually lift travel restrictions and allow tourism businesses to reopen, while respecting...
COVID-19 :: Recent Developments In The Airline Industry
Air travel has been one of the hardest-hit industries due to the devasting impact of the COVID-19 pandemic. Whilst countries around the world have closed their borders and are on lock-down, this has caused a...
Consumer’s Rights When Shopping Online
Due to the exceptional circumstances posed by the COVID-19 pandemic, there has been an unexpected surge in online shopping by consumers as opposed to in-store shopping. In order to safeguard their health and mitigate...
Closure Of The Courts And Suspension Of Time Periods
In the light of the extraordinary and unprecedented circumstances brought about by the Covid-19 Pandemic, the Government, in agreement with the judiciary and the pertinent organs of the State, ordered the closure of...
What Is A Data Breach?
Last week, the Office of the Information and Data Protection Commissioner (“IDPC”) launched an investigation into a leak of a large volume of personal data by a local IT company. But what is a “data breach” and when do...
Redundancy Procedures Under Maltese Laws
In the midst of the current situation, the impact on the economy is being felt across all industries and various employers will inevitably consider looking into cost cutting measures. One of the most impactful...
Service On Maltese Ships With Non-Maltese Certificates of Competence
As stipulated in the “International Convention on Standards of Training, Certification and Watchkeeping 1978,” as amended, all officers serving on board seagoing ships and hold certificates of competence not issued by...
Maltese Temporary Regime for UK Entities Passporting Into Malta
Three legal notices (the “Legal Notices”) have been recently promulgated in anticipation of the possibility of a ‘No-Deal Brexit’. The Legal Notices...
European Commission Rules on the Operation of Drones
Earlier this year, the European Commission devised new Regulations setting out comprehensive rules ensuring “safe, secure and sustainable operations of drones”, both for commercial and personal use. I. Commission...
Public Consultation: Public Service Garage Reform
The fragmented regulatory framework in place for chauffeur-driven vehicles, hindering the interest of both the passengers and operators alike, required expeditious review of the current regulations. It is in response...
Safety Issues Associated With Excessive Consumption Of Alcohol
The Merchant Shipping Directorate has issued an Information Notice to remind all concerned on the potential safety issues related to the excessive consumption of alcohol onboard merchant vessels and yachts. Reference...
MFSA Issues Consultation Document On Security Token Offerings
The MFSA as the competent authority dealing with Virtual Financial Assets recently published a consultation document (the “Consultation Document”) as part of its capital markets strategy in order to provide further...
New Rules On Contracts For Sale Of Goods And Digital Content
Earlier this year, the EU adopted the text for two new Directives in the context on consumer protection in the digital market: (i) the Digital Content Directive; and (ii) the Sale of Goods Directive. The Directives are...
FIAU Publishes The Revised Implementing Procedures Part I
In view of the legislative amendments made to Chapter 373 of the Laws of Malta, the Prevention of Money Laundering Act and its subsidiary legislation, the ‘Prevention of Money Laundering and Funding of Terrorism...
The New Prospectus Regulation
A Brief Commentary by Fenech Farrugia Fiott Legal on the introduction of EU Prospectus Regulation (EU Regulation 2017/1129), governing securities offered to the public or admitted to trading on a regulated market...
The Unconstitutionality Of The Pre-1995 Rent Laws In Malta
The laws regulating the letting of property in Malta have over the years witnessed a number of amendments which in most cases attempt to balance out the position of the lessor and the lessee. The Rent laws were...
Avoidance of Damage to Third Party Property Regulations, 2019
A Current Legal Overview of the Avoidance of Damage to Third Party Property Regulations, 2019 On the 13th June 2019, the Government of Malta ordered an immediate suspension of any works being carried out across Malta...