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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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The EU AI Act
Telecoms, Media & Technology

The EU AI Act: A General Overview

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Overview & Applicability Timeline The Artificial Intelligence Act (“AI Act” or “Regulation”), officially Regulation (EU) 2024/1689, is a groundbreaking legislative framework designed to address the benefits and risks of AI technologies. Since AI is becoming ubiquitously integrated into various industries, the AI Act aims to ensure that these technologies are deployed safely, ethically, and transparently by establishing rules for AI Systems throughout the European Union (“EU”). The AI Act entered into force across the EU, including Malta,…
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DORA

Status of DORA Regulatory Technical Standards (“RTS”)

Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector ( “DORA”) establishes the EU legislative framework for enhancing digital resilience within the EU’s financial industry. Enforcement commences on 17th January 2025 and the EU Commission is tasked with issuing Regulatory Technical Standards (“RTS”) which supplement DORA. The EU Commission publishes the RTS in the Official Journal as Commission Delegated Regulations, but they are largely based on the input of the European Supervisory Authorities (“ESA”) which comprise of ESMA, EBA and EIOPA. The draft RTS submitted to the European…
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DORA

Malta’s Draft Order Transposing the EU NIS 2 Directive Now Open for Public Consultation

The Ministry for Home Affairs, Security and Employment (MHSE) published the proposed Maltese draft order for the transposition of the EU Network and Information Systems Directive II (‘NIS 2’) on 6 September 2024. The draft order, titled ‘Measures For A High Common Level Of Cybersecurity Across The European Union (Malta) Order, 2024’ (the ‘Draft Order’) is currently open for public consultation until 7 October, seeking input for the effective implementation of the NIS 2 Directive in Malta, which must be transposed in national law by 17 October 2024. The Draft Order implements the NIS 2 Directive which significantly expands upon…
Pier on Seashore in Malta
Data Protection and Privacy
DORA: An Overview of the Maltese Legal Provisions
Mamo TCV Advocates - DORA Services
Banking & Finance
Are you ready for DORA?
DSA Update: Maltese Implementing Law, Including New Registration Obligations, Now in Effect
Telecoms, Media & Technology
DSA Update: Maltese Implementing Law, Including New Registration Obligations, Now in Effect

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