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Telecoms, Media & Technology

The ‘eIDAS’ Regulation & its Effect on Maltese Electronic Commerce Law

On 1st July 2016, Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market ('eIDAS Regulation') took effect in Malta. The Regulation was transposed into Maltese law by means of Act XXXV of 2016. All existing Maltese provisions that were inconsistent with the eIDAS Regulation have been amended or repealed. This article seeks to describe the main features of the eIDAS Regulation (regulating, inter alia, electronic signatures, electronic seals and electronic time stamps), and more importantly, to offer guidance on the various changes and effects of this EU Regulation on Maltese eCommerce Law.  …
Claude Micallef Grimaud
7th February 2017
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Telecoms, Media & Technology

Legal Implications of Cloud Technology

Dr. Claude Micallef-Grimaud recently spoke on behalf of Microsoft Corporation ('Microsoft') at a half-day public seminar organised by the Malta IT Law Association (MITLA) on the topic of 'trust in cloud technology'. The event took place on 12th December 2016 at SmartCity Malta (SCM). Throughout his presentation, Dr. Micallef-Grimaud used Microsoft itself as a case-study to analyze what certain cloud service providers do to earn public trust in modern technology like 'the cloud'. The main point that he raised was that if people don't trust new technology, they simply won't use it and if that happens, innovation will grind to…
Claude Micallef Grimaud
14th December 2016
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Intellectual Property

Damages in Maltese Intellectual Property Cases: A Brief Look at Article 12 of Chapter 488 of the Laws of Malta

IntroductionThe Enforcement of Intellectual Property Rights (Regulation) Act, 2006  came into effect at the end of 2006  and fully implements the provisions of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the Directive). It is fair to say that Maltese practitioners took some time getting used to the broad implications of Chapter 488. It is also fair to say that even the Maltese Courts themselves initially seemed to exhibit trepidation in granting some of the remedies stemming from this new law. Many of these remedies are more…