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Data Protection Opinions & Guidelines

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Maltese Data Protection Guidelines

Guidelines on the Collection of Employees’ COVID-19 Vaccination Status
Guidelines for the Maltese Banking Industry
Guidelines for the Maltese Gaming Industry
Guidelines for Credit Referencing Institutions
Guidelines for Political Campaigning Purposes
Guidance Note on Cookies Consent Requirements
Guidelines on Street Photography

GDPR-Related Guidelines Published or Endorsed by the European Data Protection Board

Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement – Adopted on 26 April 2023
Guidelines 01/2022 on data subject rights - Right of access – Adopted 28 March 2023
Guidelines 9/2022 on personal data breach notification under GDPR – Adopted 28 March 2023
Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR – Adopted on 14 February 2023
Guidelines 07/2022 on certification as a tool for transfers - Adopted on 14 February 2023
Guidelines 04/2022 on the calculation of administrative fines under the GDPR - Adopted on 12 May 2022
Guidelines 06/2022 on the practical implementation of amicable settlements - Adopted on 12 May 2022
Guidelines 3/2022 on Dark patterns in social media platform interfaces: How to recognise and avoid them - Adopted on 14 March 2022
Guidelines 02/2022 on the application of Article 60 GDPR - Adopted on 14 March 2022
Guidelines 04/2021 on Codes of Conduct as tools for transfers - Adopted on 22 February 2022
Guidelines 01/2021 on Examples regarding Personal Data Breach Notification - Adopted on 14 December 2021
Guidelines 10/2020 on restrictions under Article 23 GDPR - Adopted on 13 October 2021
Guidelines 07/2020 on the concepts of controller and processor in the GDPR - Adopted on 07 July 2021
Guidelines 02/2021 on virtual voice assistants - Adopted on 7 July 2021
Guidelines 8/2020 on the targeting of social media users - Adopted on 13 April 2021
Guidelines 03/2021 on the application of Article 65(1)(a) GDPR - Adopted on 13 April 2021
Guidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679 - Adopted on 09 March 2021
Guidelines 01/2020 on processing personal data in the context of connected vehicles and mobility related applications - Adopted on 9 March 2021
Guidelines 01/2021 on Examples regarding Data Breach Notification - Adopted on 14 January 2021
Guidelines 2/2020 on articles 46 (2) (a) and 46 (3) (b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies - Adopted on 15 December 2020
Guidelines 06/2020 on the interplay of the Second Payment Services Directive and the GDPR - Adopted on 15 December 2020
Guidelines 4/2019 on Article 25 Data Protection by Design and by Default - Adopted on 20 October 2020
Guidelines 5/2019 on the criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1) - Adopted on 7 July 2020
Guidelines 05/2020 on consent under Regulation 2016/679 - Adopted on 4 May 2020
Guidelines 04/2020 on the use of location data and contact tracing tools in the context of the COVID-19 outbreak - Adopted on 21 April 2020
Guidelines 03/2020 on the processing of data concerning health for the purpose of scientific research in the context of the COVID-19 outbreak - Adopted on 21 April 2020
Guidelines 3/2019 on processing of personal data through video devices - Adopted on 29 January 2020
Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications - Adopted on 28 January 2020
Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679 – Adopted on 4 June 2019
Guidelines 4/2018 on the accreditation of certification bodies under Article 43 of the General Data Protection Regulation (2016/679) – Adopted on 4 June 2019
Guidelines 1/2018 on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation - version adopted after public consultation – Adopted on 4 June 2019
Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation – Adopted on 12 November 2019
Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects - Adopted on 8 October 2019
Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679 - Adopted on 25 May 2018
Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679 - Adopted on 25 May 2018
Guidelines on Transparency - Last Revised and Adopted on 11 April 2018
Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679 - Last Revised and Adopted on 6 February 2018
Guidelines on Personal Data Breach Notification under Regulation 2016/679 - Last Revised and Adopted on 6 February 2018
Guidelines for identifying a controller or processor's lead supervisory authority - Last Revised and Adopted on 5 April 2017
Guidelines on the Right to Data Portability - Last Revised and adopted on 5 April 2017
Guidelines on Data Protection Officers ('DPOs') - Last Revised and Adopted on 5 April 2017

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Chain
Telecoms, Media & Technology

Malta’s Transposition of the NIS 2 Directive: S.L. 460.41

Following Malta’s Draft Order transposing the EU NIS 2 Directive, which closed for public consultation on 7 October 2024, as an EU Member State, Malta was obliged to transpose EU Directive 2022/2555 (‘NIS 2’) by 17 October 2024. The transposition was finally implemented on 8 April 2025 through Legal Notice 71 of 2025 which creates the Measures for a High Common Level of Cybersecurity across the European Union (Malta) Order, 2025 as Subsidiary Legislation 460.41 (S.L. 460.41). It should however be noted that at time of writing, S.L. 460.41 is not yet in force, though it is expected to come…
European Blockchain Sandbox
Telecoms, Media & Technology

European Blockchain Sandbox 3rd Cohort & Best Practices Webinar

The selection process for the third and final cohort of the European Blockchain Sandbox has been completed and the final twenty selected use cases have now been announced. Moreover, the European Blockchain Sandbox will soon be publishing the second cohort’s Best Practices Report which shall contain an overview of the regulatory best practices identified. The Report will be launched during a public webinar to be held on the 29th April 2025 at 14:00 CET, wherein the public is invited to ask any questions they may have regarding the Report. In conjunction, the award for the Most Innovative Regulator for the…
Rejected!
DORA

European Commission Rejects Draft Regulatory Technical Standards on ICT Subcontracting

The European Commission has communicated its rejection of the draft Regulatory Technical Standards (RTS) on subcontracting ICT services supporting critical or important functions supplementing the Digital Operational Resilience Act (DORA).  In its communication, the Commission held that the European Supervisory Authorities (ESAs) exceeded their mandate under Article 30(5) of DORA (which came into effect on 17 January 2025) by introducing requirements not specifically linked to the conditions for subcontracting in Article 5 of the RTS. The Commission has made it clear that Article 5 and the related recital 5 of the draft RTS must be omitted from the draft RTS…
EU AI Act
Telecoms, Media & Technology
EU AI Act: Banned AI Practices from 2 February 2025
Triangular Patterns
DORA
MFSA Issues Two Circulars on ICT Risk
St James Cavalier Web Dome
DORA
DORA is Now in Force: What’s Next?

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