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Mario Mizzi

Key representing digital resilience
Status of DORA Regulatory Technical Standards (“RTS”) DORAFinTechTelecoms, Media & Technology

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…
Mario Mizzi
17th September 2024
Mamo TCV Advocates - Integration of EU’s MiCAR in Maltese law
FinTech Insights #7 –
Integration of EU’s MiCAR in Maltese law FinTech

FinTech Insights #7 –
Integration of EU’s MiCAR in Maltese law

Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018.  Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024. However, MiCAR’s Title III and Title IV on issuing and regulating stablecoins will be applicable from 30th June 2024 according to Article 149 MiCAR.  Rules on crypto-asset service providers in Title V of MiCAR…
Mario Mizzi
26th June 2024
Mamo TCV Advocates: Payments Insights #3 – Existing and Upcoming Strong Customer Authentication Requirements for PSPs
Payments Insights #3 –
Existing and Upcoming Strong Customer Authentication Requirements for PSPs Banking & FinanceFinTech

Payments Insights #3 –
Existing and Upcoming Strong Customer Authentication Requirements for PSPs

When the Second Payment Services Directive1 (‘PSD2’) replaced the First Payment Service Directive, the European Union (‘EU’) introduced the requirement of Strong Customer Authentication (‘SCA’). SCA enhances the security of electronic payments through additional layers of authentication with the aim to mitigate payment fraud. As we noted in the previous Payment Insight, the European Banking Authority (the ‘EBA’) opines that SCA requirements have been successful in preventing payments fraud resulting from the theft of customers’ credentials. In view of this, the upcoming amendments to the payment services regime will see the SCA requirements being enhanced in the proposed Payment Services…
Mario Mizzi
30th May 2024
Mamo TCV Advocates: The European Banking Authority (EBA) has released an opinion that assesses emerging trends in payment fraud and proposes regulatory measures to address these challenges. In our latest Payments Insights, we discuss the EBA's publication which emphasises the necessity of improving security measures for instant payments, applying Strong Customer Authentication (SCA) consistently across all transaction types, and facilitating cross-border collaboration to manage the increased fraud risks associated with international transactions. The EBA’s Opinion also outlines several regulatory recommendations, including updating fraud risk management frameworks, adjusting liability rules to better protect consumers, and reinforcing supervisory processes. These measures are designed to increase the resilience of the financial sector for the benefit of the end-consumer within the payments sphere.
Payments Insights #2 –
EBA Opinion on Payment Fraud and Possible Mitigants Banking & FinanceFinTech

Payments Insights #2 –
EBA Opinion on Payment Fraud and Possible Mitigants

On the 29th of April 2024, the European Banking Authority (the ‘EBA’) published an opinion (the ‘Opinion’) in which it assesses payment fraud data and identifies new types and patterns of payment fraud while developing proposals to mitigate them. In this second Payments Insight we highlight some of the most important key considerations emerging from the EBA’s Opinion. The power of the EBA to issue this Opinion stems from Articles 1(5), 8(2)(g), 9(4), and 16a(1) of Regulation (EU) No 1093/2010. These provisions empower the EBA to promote a uniform approach to the regulation and supervision of innovative financial activities. Additionally,…
Mario Mizzi
30th April 2024
Mamo TCV Advocates: The EU regime regulating Alternative Investment Funds (AIFs) has been updated through the publication of the AIFMD II which replaces the first AIFMD originally published more than ten years ago.
Maltese Implications from the EU’s AIFMD II Directive Investment Services & Funds

Maltese Implications from the EU’s AIFMD II Directive

The regulatory landscape for investment fund management within the EU underwent an evolution with the enactment of ‘Directive (EU) 2024/927 on Delegation Arrangements, Liquidity Risk Management, Supervisory Reporting, the Provision of Depositary and Custody Services and Loan Origination by Alternative Investment Funds’, commonly referred to as AIFMD II (or the “Directive”).  The legal regime regulates alternative investment funds (“AIFs”) and their fund managers. AIFMD II replaces the first AIFMD. The publication of the AIFMD II in the EU's Official Journal on the 26th of March 2024 marked the commencement of this new phase in European fund regulation, with the Directive…
Mario Mizzi
23rd April 2024
Mamo TCV Advocates – Safeguarding under the Proposed PSD3
Payments Insights #1 –
Safeguarding under the Proposed PSD3 Banking & FinanceFinTech

Payments Insights #1 –
Safeguarding under the Proposed PSD3

Introduction to the Payments Insights Series The European Commission is currently in the process of updating the EU’s legal framework for payment services. These proposals include: A proposed Third Payment Services Directive (the ‘PSD3’) which is a directive on payment services and electronic money services in the EU’s internal market which will repeal the Second Payment Services Directive (the ‘PSD2’) and the Second Electronic Money Directive (the 'EMD2’); and A proposed new Payment Services Regulation (the ‘PSR’). The proposed legal amendments aim to: Strengthen the protection of users and enhance confidence in payments and electronic money services; Improve the competitiveness…
Mario Mizzi
22nd April 2024