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Investment Services & FundsNews and PublicationsRegulatory Compliance

Regulatory Compliance Quarterly Update | Q2 2022

We are pleased to introduce our Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to Investment Services and Asset Management. Our first Regulatory Compliance Quarterly Update can be found here. The Regulatory Compliance Quarterly Update does not purport to give legal, regulatory, financial or tax advice. Should you require further information or assistance, please do not hesitate to contact Katya Tua.
Mamo TCV Advocates
2nd August 2022
Data Protection and PrivacyLegal Updates

No More USA Social Media in the EU?

It has been reported by various news outlets that Ireland’s Data Protection Commission (DPC) has prepared a draft decision which may well lead to the end of EU-US data transfers. This draft decision is a consequence of the concerns which have been raised by USA surveillance laws and practices and comes in the wake of the invalidation of the EU-US Privacy Shield by the Court of Justice of the EU a few years ago. The draft decision has been shared with other EU data protection supervisory authorities and a period of one month has been allocated for their input before…
Mamo TCV Advocates
25th July 2022
helping at Foodbank Lifeline Foundation

Mamo TCV providing assistance to Foodbank Lifeline Foundation

On a weekly basis partners and staff at Mamo TCV are taking turns in assisting Foodbank Lifeline Foundation Malta. First to participate were two of our Associates - Zachary Galea (left) and Joshua Chircop (right) – who rolled up their sleeves to pack food at the Foodbank’s warehouses, getting it ready for distribution. The Foodbank provides non-perishable emergency 7-day food packs to individuals, couples and families who are struggling to find money for food. This voluntary work programme is one of several initiatives that form part of Mamo TCV’s commitment towards creating a better society. More information about the fantastic…
Mamo TCV Advocates
14th July 2022
balanced stones
Employment and Industrial RelationsLegal Updates

The Work-Life Balance for Parents and Carers Regulations, 2022

Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1. Regulation 4 introduces a paid 10-day paternity leave for fathers or equivalent second parents to be utilized at the moment of birth or adoption of their child. Moreover, as laid down in the same regulation, the right to paternity leave…
Mamo TCV Advocates
14th July 2022
Investment Services & FundsLegal Updates

Legal Update on UCITS Information Documents

A key feature of Undertakings for the Collective Investment in Transferable Securities (“UCITS” fund) is the Key Investor Information Document (“KIID”), which provides the retail investor with simplified information from the prospectus. UCITS also qualify as Packaged Retail Investment and Insurance Products (“PRIIPS”). Since PRIIPs are required to do a Key Information Document (“KID”), promoters of a UCITS fund were technically obliged to provide both the KIID as well as the KID. Thus, these conflicting requirements would have created unclarity for the retail investor. Initially, an exemption was provided for investment companies and management companies who are promoting a UCITS…
Mamo TCV Advocates
1st June 2022
Legal Updates

Delay in Applicability of Environmental, Social and Governance Technical Standards

The Sustainable Finance Disclosure Regulation ("SFDR"), which was passed in 2019 and became applicable in 2021, has introduced Environmental, Social and Governance ("ESG") reporting obligations for EU investment funds. These sustainability reporting obligations aim at reducing the marketing practice of greenwashing in the investment services industry. However, whilst the SFDR provided for the obligation to carry out ESG reporting, the Regulatory Technical Standards ("RTS"), which stipulate how the data relating to the financial product is to be presented to investors, was not yet harmonised across the EU. Such omission to provide a harmonised methodology resulted in investors being unable to…
Mamo TCV Advocates
10th May 2022