Mamo TCV Advocates

Mamo TCV Advocates is pleased to announce the appointment of Dr Joe Borg Bartolo as the Managing Partner of the firm with effect from 1st January 2024.

European Union Blockchain Observatory and Forum publishes its first thematic report.

News Update: Increase in Annual Leave and Minimum Wage

Employment Law Update

Court of Justice of the European Union slams a provision of Austrian law.

There have been more than 100 personal data breaches notified to the Maltese IDPC post GDPR. 17 GDPR fines have been imposed. Click below to learn more about the situation across the EU.

First Hall Civil Court (Constitutional Jurisdiction) finds articles of the Customs Ordinance and Excise Duty Act in breach of human rights.

Google has just been fined 50 million euros by France’s data protection watchdog. Read our article to find out why.

Employment Law Update

On the 16th April 2019 the European Parliament approved new rules on the disclosure of information regarding illegal, fraudulent or harmful activities acquired in a work-related context

Human Rights Legal Update

MFSA Issues Note for Information on the General Good Provisions Applicable to European Insurance Undertakings Passporting in Malta

AI promises to dominate the news in 2019. This article highlights some of the challenges ahead.

On the 2nd April 2019 the European Commission concluded its high-profile investigation into a UK tax scheme for the intra-group financing of multinationals. The investigation was opened in October 2017 and is a way of ensuring that all companies "pay their fair share of tax".

The Maltese government has launched its AI Strategy for public consultation, in which it declares its intentions to establish Malta as “amongst the top 10 nations with the highest impact national AI programme.”

Wide interpretation given by the Court of Appeal to the right of appeal on a point of law in unfair dismissal cases

News Update: Update to the Circular addressed to Credit Institutions on the imposition of negative interest rates on euro denominated deposits

Employee Share Schemes. Employee share schemes have not been as widely used in Malta as they have in some of our European neighbours. However, in general, companies use employee share schemes to attract, retain and reward talent by offering their employees a share in the success they help to create in the company. They provide a form of cash free reward and/or remuneration for employers as well as align the interests of employees with those of the company's shareholders to enhance performance and the company's success.

Commitments offered by Visa and Mastercard on interchange fees being scrutinised by the European Commission.

The EU has adopted a new Regulation prohibiting unjustified geo-blocking, effective from 3 December 2018.

Merchant Shipping Directorate issues Non-Convention Vessel Code.

EU Regime on Greener Ship Recycling enters into force.

Amendments to the Maritime Labour Convention

Changes to the Family Business Act provide further clarity on the status of family businesses established in Malta.

Financial aid to undertakings which train their employees.

European Commission fines MasterCard €570 million for its anti-competitive conduct in setting inter-regional interchange fees.

Stamp Duty relief relating to transfers of business property extended to 31st December 2019.

The EU has announced a draft directive to facilitate company formations and other company matters entirely online.

A new agency has been established to carry out the functions and duties of public administration in relation to land and condominium registration.

The European Commission is evaluating the Block Exemption Regulation. Read more about it here.

Buyer beware: purchasing a company may render you liable in damages for breach of the competition rules committed by the purchased company.

A potential new law on plundered art and cultural artefacts.

Maltese law allows for the continuation of foreign foundations and associations in Malta.

European Commission Launches Online Cartel Leniency Tool.

Precautionary Measures Adopted by ESMA and Other EU Securities Regulators in the Case of a No-Deal Brexit Scenario

Obligation to notify authorities introduced.

The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019. 

European Court of Human Rights finds that UK government breached the right to privacy of virtually all UK citizens due to government mass surveillance systems which intercepted tremendous amounts of data via citizens’ communications.

Extension on the reduced rate of duty for family business transfers.

The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation

The principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.

European Commission issues a proposal for a Directive on unfair trading practices to tackle power imbalances in business-to-business relationships in the food supply chain.

The Virtual Financial Asset Act and the Innovative Technology Arrangement and Services Act to come into force in Malta on the 1st November 2018.

Maltese foundations can be used to issue tokens and carry out trading activities resulting from such operations.

The Malta Digital Innovation Authority to issue a set of guidance notes aimed at assisting service providers and innovative technology arrangements applicants.

A White Paper has been published proposing the setting up of a new regulator to consolidate the building and construction industry.

Recent decision of the Court of Appeal regarding transfer of business.

The passing of a tower crane over third party airspace is an invasion of such party’s airspace but it is not necessarily prohibited.

The MDIA issues a consultation paper on guidelines applicable to resident agents.

A White Paper has been published proposing a reform of the residential rental market in Malta.

European Union national previously convicted for trafficking drugs challenges freedom of movement restrictions imposed on him by Maltese authorities.

Cases of a criminal nature, including cases where an administrative penalty which has a deterrent or punitive effect is imposed, should be heard by a court at every stage of the proceedings.

The Office for Competition has adopted what appears to be its first commitments decision, in a case where it raised concerns about exclusivity agreements lasting for five years or more.

MFSA issues consultation with the financial services industry regarding VFA Regulations to be issued under the VFA Act.

In imposing the significant fine as a result of the data breach, the UK’s ICO found, among other things, that the IICSA (which erroneously sent a bulk email using the ‘TO’ field instead of the ‘BCC’ field) failed to make use of an email account that could send separate messages to each participant and also failed to provide its staff with appropriate training and guidance.

Malta approves legislation regulating crypto exchanges.

Malta publishes legislation regulating ICOs.

Step aside Howey Test, here comes the Financial Instrument Test!

Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1st June 1995 through the application of article 5, 12, or 12A of Chapter 158.

The Uniformity of Energy Labels on Electric Products.

Nestle’s ongoing campaign to secure trademark protection over the shape of their famous four-fingered KitKat bar suffered a major blow last July after their loss at the EU Court of Justice to American confectionary giant Mondelez International in the ultimate clash of the confectionary titans. But does Nestle’s loss really signal the end of the unconventional EU trademark?

Four employment-related Legal Notices came into force on the 10th of August 2018.

Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive

Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users.

Government launches public consultation on amendments to the Competition Act and the Consumer Affairs Act.

The Insurance Distribution Rules published by the MFSA come into force as of 1st October 2018.

Maltese Parliament unanimously approves second reading of all three Crypto-currency Bills.

The Italian highest court decides termination of employment was lawful after employee posts disparaging remarks about her employer.

The CJEU has added a new chapter to a long saga of jurisprudence concerning one of the most well-known trademarks in IP circles worldwide. The decision marks a new victory for world-famous designer Christian Louboutin in his ongoing international struggle for trademark protection over his “red sole” mark in the market for high-heeled shoes.

Amendments to the Employment and Industrial Relations Act introduced by Act XIII of 2018.

EIOPA issues an Opinion on the solvency position of insurers and reinsurers in the light of Brexit.

The European Commission proposes to strengthen EU rules on motor insurance to better protect victims of motor vehicle accidents and improve the rights of insurance policyholders.

Second Reading in Parliament for Blockchain Bills: The Virtual Financial Assets Act and the legal framework for Virtual Financial Asset Excha

Second Reading in Parliament for Blockchain Bills: The Virtual Financial Assets Act and the legal framework for ICO’s

Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act

Second Reading in Parliament for Blockchain Bills: The Innovative Technology Arrangements and Services Act

The UK government has published an updated Draft Withdrawal Agreement, highlighting consensus on the future of existing EU IP rights in the UK.

Malta Gaming Authority on the use of Distributed Ledger Technology and on the acceptance of Virtual Currencies in the remote gaming industry.

Court decides on issue of jurisdiction.

Proposed amendments being discussed in Parliament aimed at providing sub-lessees of commercial premises, whose sub-lease is going to end on 31st May 2018 by operation of law, with an option to demand the Rent Regulation Board to allow them to continue the sub-lease under revised conditions reflecting market conditions for a maximum period of 10 years.

“EU Directive 2016/943 on the protection of undisclosed know-how and business information” is coming soon to a legislature near you. If you didn’t know (or care) until now, here are a few reasons why you should.

In a recent judgment, Ville de Nivelles v Rudy Matzak,decided on the 21st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home.

On the 8 February 2018, the EU Commission issued two Notices to Stakeholders in connection with the withdrawal of the United Kingdom from the EU, titled "Withdrawal of the United Kingdom and EU rules in the Field of Banking and Payment Services" and "Withdrawal of the United Kingdom and EU rules in the field of Post-Trade Financial Services" respectively.

The Parliamentary Secretary for Financial Services, Digital Economy and Innovation has issued a public consultation document on the 17th February 2018 regulating the proposed establishment of an Authority to be known as the Malta Digital Innovation Authority ('MDIA'),

In Case C-498/16 Maximilian Schrems v Facebook Ireland Limited (nyr, 25 January 2018), the Court of Justice of the European Union (CJEU) had to decide when an individual who uses a social network for different purposes qualifies as a consumer.

Earlier this month the United States Committee on Banking, Housing, and Urban Affairs met in open session to conduct a hearing entitled 'Virtual Currencies:

In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1st June 1995 shall terminate on 31st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case.

The Commissioner for Revenue has recently published an amended version of the Guidelines regarding the VAT treatment of Yacht Leasing in Malta.

Keep Track of the Latest WP29 Guidelines & Opinions Relating to the GDPR by Visiting Mamo TCV’s Dedicated GDPR Microsite.

On 14 March 2018, the European Parliament and the Council of the European Union adopted Directive 2018/411 postponing the application of the Insurance Distribution Directive ('IDD') to 1 October 2018. 

Cryptocurrency exchange Binance, one of the world's largest cryptocurrency exchanges by trade value, is to set up offices in Malta as was announced by Chief Executive Officer Zhao Changpeng.

Putlocker. BitTorrent. PirateBay. Napster. Mediafire. Ring any bells? We'll bet they do.

New reporting requirements under the Companies Act (Register of Beneficial Owners) Regulations and the Trusts and Trustees Act (Register of Beneficial Owners) Regulations.

Are employers sufficiently aware of their obligations?

Decision by the Court of Appeal stresses the importance of examining substance over form.

The Malta Financial Services Authority launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.

A recent court judgment of the CJEU on the use of the term “Champagne” might have broader implications for protected geographical indications in other agricultural sectors.

In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71).

The Malta Financial Services Authority launches a Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers.

The continuous urbanization and gentrification of the Maltese landscape has augmented the importance of maintaining well-regulated neighbourly relations among residents living in densely populated areas of the Island.

Mamo TCV has contributed the Malta chapter to the 2017 online issue of "Dispute Resolution", a yearly comparative law guide published by Getting the Deal Through. Getting the Deal Through was the first legal publication series to present the concept of a "question and answer format". This is a convenient way for law firms, universities, regulators, and corporate counsel at to have at their fingertips a reliable introduction to various subject matters, as regulated in different jurisdictions. The series now covers over 890 practice areas with analysis on more than 150 

Malta Stock Exchange plc. ("MSE") has obtained regulatory approval to launch the Institutional Financial Securities Market ("IFSM"), a securities market intended for issuers seeking to list securities falling within the scope of the Wholesale Securities Market rules, including but not limited to asset-backed and convertible debt securities, derivatives and insurance-linked notes, having a minimum denomination requirement of €100,000 (or its equivalent in any other currency).

Mamo TCV partner Michael Psaila moderated a panel on "Opportunities within the Securitisation Sector" during an event organized by the Malta Stock Exchange on Wednesday 18th October 2017 to launch the Institutional Financial Services Market.

Mamo TCV Advocates has announced that Dr Michael Psaila will be taking over the role of managing partner of the firm from Prof Andrew Muscat with effect from 1st November, 2017. Prof Muscat will continue to lead the firm's corporate and banking and finance departments.

On 25 May 2018, Regulation 2016/679, the General Data Protection Regulation (GDPR) will come into effect across the European Union (including Malta). As has been widely reported, infringement of the GDPR may lead to fines as high as €20,000,000 or 4% of an entity's total worldwide annual turnover (whichever is higher). 

 What is Blockchain? Blockchain can be described as a digital database or ledger which is shared between a network of computers. The premise of blockchain, as well as its distinctive feature, is that it works on distributed trustless consensus. Each transaction entered into the ledger (known as a block) is connected to the block before it and the block after it, creating a chain of transactions which is traceable back to the original transaction.

In the recent judgment of M.A.I.N. Services Limited et v Albert Galea et (case 1246/07 JZM) delivered on the 28th September 2017, the Court examined in quite extensive detail the nature and the effects of fiduciary duties.

 Explaining Cryptocurrencies Cryptocurrencies (also referred to as virtual currencies) are a form of digital currency which utilise encryption techniques for security. The same cryptography techniques are used in order to verify transactions involving virtual coins, and further coins are generated using complex mathematical algorithms in a process termed 'mining'.

Bosses have limited rights to monitor employees’ private correspondence. Landmark judgement delivered by the Grand Chamber of the European Court of Human Rights in relation to monitoring of employees’ communications.

On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") ​[1]. This authoritative document complements previous WP29 publications on similar issues ​​​​​[2]. The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the present Data Protection Act[3]​​​​​​​​​​​​​​​​​​​​ – as well as the EU General Data Protection Regulation ("GDPR") that will enter into force on 25 May 2018. The GDPR will repeal and replace Directive 95/46/EC and the Maltese Data Protection Act ("DPA") on such date.