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Legal Updates

Insurance & ReinsuranceLegal Updates

MFSA Circular: Amendments to Chapter 5 of Insurance Rules and Related Legislation

On the 5th August 2022, the Malta Financial Services Authority (hereinafter referred to as “the MFSA”) issued a Circular on the amendments to: the Glossary of Terms, Chapter 5 of the Insurance Rules and the Insurance Business (Exemptions) Regulations. These amendments are being carried out to ensure that the MFSA adheres to the EU Notice on the adaptation in line with inflation of the amounts laid down in the Solvency II Directive which was published on the 19th October 2021 (hereinafter referred to as “the Notice”) and the Revised Guidelines on the Valuation of Technical Provisions and the Revised Guidelines…
Mamo TCV Advocates
23rd 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
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
Company LawLegal Updates

Malta Business Registry issues advice on adequate electronic mail address

On the 6th July, the Malta Business Registry (MBR) issued a circular advising all companies registered in Malta to provide it with an adequate electronic mail address in terms of the legal requirement emanating from Act LX of 2021 by not later than 30th September, 2022. In addition to it being a legal requirement, providing an electronic mail address ensures the timely service of correspondence to company officers. Moreover, shifting to electronic communication is one of the MBR’s intiatives towards limiting paper-format correspondence as part of local and EU-wide measures related with the European Green Deal. In order to fully…
MamoTCV Advocates
6th 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