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Fraud

Cp assists phoenix payments in landmark constitutional judgement

In a landmark judgement handed down by the First Hall, Civil Court, presided by the Hon. Justice Audrey Demicoli, earlier today the court found that the law granting the Financial Intelligence Analysis Unit (“FIAU”) the right to investigate and impose hefty administrative fines on subject persons as a result of certain regulatory breaches violate the the applicant’s right to a fair hearing under Article 39(1) of the Constitution. As a result the Court declared certain provisions of the Prevention of Money Laundering Act (“Act”) (Chapter 373 of the Laws of Malta) and the Prevention of Money Laundering and Funding of Terrorism Regulations (“PMLFTR”) (Subsidiary Legislation 373.01) dealing with the imposition of administrative penalties null and void and also declared the investigative process as well as the imposition of the fine itself null and void.

03 May 2023

Intellectual Property

Covid-19 and back-to-school privacy concerns

The Government of Malta is, thus far, set on opening schools come September. The debate on appropriate safety protocols is ongoing, and questions on how best to deliver lessons abound. Online or in-class lessons, or a mix of both with part of a class at home and the other following from home? The implications on privacy of the individual have, to date, not featured much in the ongoing debate. Here we attempt to explore the main concerns that arise in this respect.

21 October 2020

Tax and Private Client

Malta publishes legislation extending dac 6 reporting deadlines

Malta has implemented the extended DAC 6 reporting deadlines, following the Commissioner for Revenue’s announcement back on the 2nd July 2020 to defer the first reporting deadlines arising as a result of the DAC 6 applicable legislation, namely, the Cooperation with other Jurisdictions on Tax Matters Regulations (SL 123.127).

21 October 2020

Press Releases

Intellectual property rights discussed in the brompton bicycle case

On 11 June 2020, the Court of Justice of the EU issued a preliminary ruling concerning C-833/18 - Brompton Bicycle v. Chedech/Get2Get, where it provided that copyright protection may also subsist in designs which are shaped to attain a particular technical result provided certain conditions are met.  In other words, the CJEU allowed the overlap of copyright and patent protection in specific cases.On 11 June 2020, the Court of Justice of the EU issued a preliminary ruling concerning C-833/18 - Brompton Bicycle v. Chedech/Get2Get, where it provided that copyright protection may also subsist in designs which are shaped to attain a particular technical result provided certain conditions are met.  In other words, the CJEU allowed the overlap of copyright and patent protection in specific cases.

25 September 2020

Corporate and commercial

A new vision for europe’s capital markets: final report on the capital markets union published

On 10 June, 2020, the High-Level Forum (HLF) on the Capital Markets Union (CMU), an expert group set up by the European Commission composed of highly experienced industry executives and top international experts in the area of financial markets, issued its final report for the further development of the CMU, the policy initiative launched by the European Commission in 2015 to achieve fully functioning and integrated capital markets across EU Member States.he EU needs the CMU now more than ever

24 September 2020

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