Will DORA impact the scope of MFSA’s Guidance on (amongst others) ICT Risk Management and Outsourcing Arrangements?
As the date of application of Regulation (EU) 2022/2554 (the “Regulation” or, as more commonly known, “DORA”) is looming large on the horizon,
Malta M&A Watch: Amendments in Maltese Law facilitating Cross- Border Activity
The scope of the amendments is to fully transpose Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law,
Adapting to MiCA: ESMA’s recent publications for the Crypto Industry
Introduction The European Securities and Markets Authority (ESMA) has kept up the momentum ahead of the implementation of the Markets in Crypto-Assets Regulation (MiCA) this year.
The CJEU rules on the liability for the payment of VAT arising from fraudulently issued invoices
Introduction The Court of Justice of the European Union (the “CJEU”) in Case C-442/22, Dyrektor Izby Administracji Skarbowej w Lublinie, has ruled on the basis of Article 203 of Council Directive 2006/112/EC on the Common System of Value Added Tax (hereinafter the “VAT Directive”),
Regulatory Round-Up: Examining Recent updates in respect of MiCAR
Maltese Parliament debating amendments to the VFA Act Bill No. 88, Virtual Financial Assets (Amendment) Bill (the “Bill”) is one of the next pending items on the Parliament of Malta’s agenda.
A creditor’s obligation to assess the creditworthiness of a consumer
In examining the case of Nárokuj s.r.o. v EC Financial Services, a.s (C-755/22), the Court of Justice of the European Union (the “CJEU”) considered the obligation which banks are subject to prior to the granting of credit to consumers.
DORA Trifecta – Three delegated regulations adopted by the Commission
Three delegated regulations under the Regulation on digital operational resilience for the financial sector (Regulation (EU) 2022/2554 or “DORA”) have been adopted by the European Commission.
GRC in Malta: Independent Thinkers for Effective Board Governance
It is acknowledged that governance set-ups can differ between organisations and there is no set-up which is better than another or which is free from flaws.
Liability for data breaches and the recognition of non-material damage under the GDPR
On December 14, 2023, the Court of Justice of the European Union (“CJEU”) delivered a landmark judgment, following the request of a preliminary ruling,
GRC in Malta: Governance and ESG – Navigating the Intersection between Profit and Purpose
Governance and ESG The term “ESG” (Environmental, Social and Governance) has gained significant attention in recent years, much to the delight or dismay of interested parties.