Getting the Deal Through: Dispute Resolution 2017

Getting the Deal Through: Dispute Resolution 2017
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 ...
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Employers Beware before 'Spying' on Employees!

Employers Beware before 'Spying' on Employees!
In a case decided last year, in the famous case of Barbulescu v Romania, the ECHR had found that there had been no breach of the employee's right to privacy when his employer dismissed him over private messages sent at work on the Yahoo messenger system set up by the same employer for work purposes. The employee's private online exchanges were being monitored and recorded by his employer. Personal use, such as that made by the employee, was in violation of the employer's internal regulations. The employer had proceeded to terminate his employment with the local Ro...
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Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data

Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data
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 prese...
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Insurance Intermediaries update: the Insurance Distribution Directive and the proposed amendments to the Insurance Intermediaries Act and the Insurance Business Act

Insurance Intermediaries update: the Insurance Distribution Directive and the proposed amendments to the Insurance Intermediaries Act and the Insurance Business Act
Further to the MFSA Circular on the transposition of the Insurance Distribution Directive ('IDD') issued on the 10th April 2017, the MFSA has now issued a consultation document highlighting the main changes proposed to be carried out to the Insurance Intermediaries Act ('IIA') as well as the Insurance Business Act ('IBA'). Attached to the consultation document are the draft bills amending the IIA and IBA. The MFSA has also issued for consultation the proposed Insurance Distribution (Exemption) Regulations, 2017. A. Insurance agent, broker and managerThe IDD intro...
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New Prospectus Regulation: Easier Access to Capital Markets

New Prospectus Regulation: Easier Access to Capital Markets
On 16 May 2017, the Council adopted new rules on prospectuses for the issuing and offering of securities. The new prospectus regulation ("PR3") will repeal and replace the Prospectus Directive (2003/71/EC) and the existing Prospectus Regulation (809/2004). Unlike directives, regulations do not require further implementation measures by EU member states to be effective. The main aim of PR3 is to facilitate access to financial markets for companies, particularly small and medium-sized enterprises through the simplification of the rules and streamlining of related ad...
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