Malta Individual Investor Program (MIIP) – Reform
The revised program which is set to replace the current Individual Investor Program (hereinafter ‘IIP’) is underway. During a briefing session held on Friday 3rd July 2020 the following proposed changes were discussed:
Privacy Rights Trump Artists’ Intellectual Property Rights: A Brief Insight into CJEU and IPR Enforcement of Intellectual Property Right (Regulation) Act in Malta
Imagine this scenario: an individual decides to upload a copy of a Harry Potter film on YouTube, without acquiring the consent, and without paying any royalties to Warner Bros., which is the production company and owner of the rights of the film. Essentially, by uploading this film onto an online platform such as YouTube, but …
Identity Malta Agency to Lift Suspension on New Single Work Permit Applications in the Coming Days
On the 16th of March 2020, as a result of the Coronavirus outbreak, Identity Malta Agency advised that they will not be accepting any new single work permit applications except for highly skilled workers (Key Employee Initiative) and medical professionals.
When can an Employer Process Health Data under the GDPR?
The COVID-19 pandemic has drawn attention to the processing of health data and when such data may be processed, especially in light of the fact that employers are obliged to implement mitigation measures to ensure the safety of employees at the work place. In this article we will analyse some instances where health data may …
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Landmark CJEU Data Protection Judgement: EU-US Privacy Shield declared invalid
On Thursday 16th July 2020, the Grand Chamber of the Court of Justice of the EU (‘CJEU’) delivered a landmark judgement in data protection, declaring the EU-US Privacy Shield Decision that attempts to guarantee the transmission of EU data to the United States, invalid. In the same breath, the CJEU also declared Decision 2010/87 setting Standard …
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The P2B Regulation: New requirements for OISPs and Online Search Engines as of July 2020
There is no denying that, perhaps now more than ever, online platforms offer incomparable access to cross-border markets. The increasing reliance of businesses on online platforms has led to a shift in the online marketplace, creating new dependencies and imbalances of power. Until recently, although platforms were subject to a myriad of different and piecemeal …
Disclosure of Improper Practice within the Workplace | Employee Protection
The Protection of the Whistleblower Act (hereinafter ‘Act’) was enacted with the aim of making it possible for employees to safely raise concerns of wrongdoing within their workplace. The Act safeguards those whistleblowers who disclose, in good faith, information on improper practice. Recently, the EU Whistleblowing Directive (hereinafter ‘Directive’) was brought into force on the …
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Health & Safety Obligations of Employers – How has COVID-19 affected such?
THE EMPLOYER’S LEGAL OBLIGATIONS The Occupational Health and Safety Authority Act (Chapter 424 of the Laws of Malta) establishes that it is the duty of an employer to ensure the health and safety of all persons who may be affected by the work being carried out for such employer at all times. All measures taken …
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Why Should an Employer have Policies in place?
A policy is a predetermined course of action, established to provide clear guidelines to staff on how the company operates. Along the years, policies have become an essential part of well-structured and professional organisations, as they provide, direction and guidelines for the day to day operations of the company, as well as, ensure compliance with …
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Duties of Directors of a Maltese Company in the case of Over-indebtedness or Illiquidity
Apart from being responsible for the proper administration and management of the company, Directors of a Maltese company are, amongst other obligations, generally bound to act honestly and in good faith in the best interests of the Company; to promote its well-being and to exercise the degree of care, diligence and skill that may reasonably …