Articles
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...
Amendments To The Competition Act and Consumer Affairs Act
The constitutional case The Federation of Estate Agents v. Direttur Ġenerali (Kompetizzjoni) et. [87/2013 JPG] decided on 3rd May 2016, triggered important legal discussions which culminated in an overhaul of the...
Our Rights As Consumers Of Electronic Communications Services
As consumers of electronic communications services, we consume the service we buy all the time - when watching our favourite film or series, when calling our friends or when checking the latest news update online. As...
New Trademarks Act
An act to repeal and replace the Trademarks Act, Chapter 416 of the Laws of Malta has been published and shall soon come into force. The new Trademarks Act, Chapter 596 of the Laws of Malta ( the “Act”) transposes...
Lack Of Due Process: Fair Or Unfair Termination?
In a recent judgement delivered by Malta’s Court of Appeal (Inferior jurisdiction) (“the COA”) on the 25th March 2019, the COA reached some interesting conclusions on termination which will serve as guidance to...
Voluntary Organisations & Foundations: Amendments To Civil Code
Act XXXVI of 2018 encapsulates the significant changes which took place with regards to foundations, organisations and associations. These came into force on the 6th of November of the year 2018 thereby amending the...
A Look At China’s New Foreign Investment Law
On the back of the China-US trade talks, the new Foreign Investment Law of the People’s Republic of China (the “FIL”) took around three months to pass, from draft. It is reported that this was an unprecedented fast...
Gender Identity, Gender Expression And Sex Characteristics Act :: FAQs
Chapter 540 of the Laws of Malta entitled Gender Identity, Gender Expression and Sex Characteristics Act (the “Act”) was adopted by the Maltese Parliament on the 1st April 2015 and it mainly regulates gender...
The Production Of Cannabis For Medicinal And Research Purposes In Malta
The production of medical cannabis is regulated by the Production of Cannabis for Medicinal and Research Purposes Act, (the “Act”), which became in force on the 17th April 2018. The Act brought along with it the...
Denied Boarding And Long Delay Of Flights: What Are the Passengers Remedies?
The current ever-increasing air transportation of passengers, either for leisure or business purposes, is automatically bringing a higher level of claims for compensation and disputes by passengers against airlines in...
The Malta Digital Innovation Authority: Bringing Sanity to the Blockchain Island Frenzy?
The Malta Digital Innovation Authority (MDIA) was established by virtue of Chapter 591 of the Laws of Malta, the Malta Digital Innovation Authority Act, which became effective on the 1st of November 2018. The MDIA is...
The Responsibilities Of The Virtual Financial Assets Agent
As of the 1st of November 2018, the three (3) pieces of Maltese legislation which crystallise and regulate the digital economy law in Malta, namely the Malta Digital Innovation Authority Act (the “MDIA Act”);...
Proposed Amendments To Maltese Employment Legislation (currently suspended)
On the 10th of August 2018, four new Legal Notices designed to amend and introduce new employment laws in Malta were published in the Government Gazette. Annual Leave National Standard Order, L.N. 271 of 2018 The...
A Family Affair
The Malta Chamber of Commerce, Enterprise and Industry recently organized a conference on family businesses or business families, as part of its activities to commemorate the Chamber’s 170th anniversary. The aim was to...
Recent Amendments to Insurance Distribution Legislation in Malta
On the 20th of January 2016 the European Parliament and the Council of the European Union adopted Directive 2016/97, known as the Insurance Distribution Directive (“IDD”). The IDD is aimed not only at insurance agents,...
Smart Contracts: The end of all lawyers all together or the beginning of a new era?
Smart contracts are blockchain based contracts which are automatically executed upon certain specified criteria coded into the contract being met. Smart contracts are essentially, pre-written computer codes and their...
BREXIT: UK Government has lost its appeal to the Supreme Court.
In breaking news, the Supreme Court has ruled that to trigger Article 50, the legal instrument which will allow the UK to withdraw from the EU, parliament is required to vote on it and approve it before discussions...
Why Malta is not meeting its legal aid responsibilities.
Legal aid is the concept of providing legal advice and assistance to individuals and entities that would otherwise be unable to afford legal representation and/or access to the court system. Legal aid is regarded as an...
Why Malta and the EU are in desperate need of specialists in Refugee Law.
‘Refugee’, ‘migrant’, ‘crisis’ – they are all buzzwords of today’s world, synonymous with a disgruntled right wing and a sympathetic left, and an unavoidable part of daily media consumption. One cannot open a paper,...