Malta’s AI Act Authority Designations

The Malta Digital Innovation Authority (“MDIA”) and the Information Data Protection Commission (“IDPC”) have been identified as the Maltese Market Surveillance Authorities (“MSA”) under EU Regulation 2024/1689 (the “AI Act”), albeit the process of designation has yet to be formally concluded. It is expected that this will take place shortly in the coming days.

The MSAs will be tasked with overseeing the responsible use of AI systems in Malta and with having the competence to carry out investigations and issue fines and penalties where necessary. They will have a diverse set of responsibilities that may be categorised as follows:

• Maintaining ethical AI practice;
• Monitoring AI systems with special and exclusive attention given to High-Risk AI systems;
• Cooperation and coordination with other EU Member States’ Authorities; and
• Aiding all registered AI system providers and all businesses working within the field of AI by offering unbiased guidance to help businesses reach EU legal standards.

Additionally, the MDIA and the National Accreditation Board have been identified as notifying authorities, ensuring that governance standards are adhered to by all legal and natural persons subjected to the AI Act.

Furthermore, on the 2^nd of November 2024, the IDPC was designated as the Fundamental Rights Authority (“FRA”) for the purposes of the AI Act, insofar as the monitoring of the protection of personal data is concerned. Just as with the MSA designation, the FRA designation is expected to be formalised in the near future.

The following Authorities have also been delegated competence to oversee the protection of fundamental rights when using AI systems in the domestic market:

• Malta Competition and Consumer Affairs Authority;
• National Commission for the Promotion of Equality;
• Commission for the Rights of Persons with Disability;
• The Office of the Ombudsman;
• Department for Industrial and Employment Relations;
• Public Service Commission;
• Malta Broadcasting Authority;
• Directorate for the Protection of Minors; and
• Electoral Commission Malta.

For more information on the AI Act, including sector-specific insights, please feel free to read our previous articles.