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Telecoms, Media & Technology

The EU-US Privacy Shield: Third Time’s a Charm?

In a joint press release issued on 25 March 2022, it was announced that the European Commission and the U.S. Government have agreed on a Trans-Atlantic Data Privacy Framework (the 'Framework') which would succeed the EU-US Privacy Shield (which had, in turn, succeeded the previous 'Safe Harbour' mechanism). This Framework is already being referred to by some as the 'EU-US Privacy Shield 2.0' but it is actually the third attempt at regulating Trans-Atlantic transfers of personal data. The Framework would comply with and relieve uncertainty which has been caused by the decision taken by the CJEU in Data Protection Commissioner…
MamoTCV Advocates
13th April 2022
Claude Micallef-GrimaudTelecoms, Media & TechnologyWarren-Ciantar

Transfers of Personal Data to Third Countries: A Brief look at the New SCCs

This article was written by​ Dr Michael Camilleri, Dr Warren Ciantar and Dr Claude Micallef-Grimaud. Transferring personal data from one EU Member State to another does not entail any formalities in addition to the basic and established requirements of the EU General Data Protection Regulation (GDPR). The reason for this is because all EU Member States are, by default, deemed to offer an 'adequate level of protection due to the robust and mostly harmonised privacy laws in place. The same can largely be said about countries within the European Economic Area (EEA). Transfers of personal data from the EU to the so-called…
Warren Ciantar
14th September 2021
Data Protection and PrivacyTelecoms, Media & Technology

Mamo TCV Advocates Publishes 5th Edition of its Popular (and free) ‘Brief Overview of the GDPR’

Mamo TCV Advocates has recently updated its very popular (and free) brief GDPR overview (now in its 5th edition) with easy-to-read information specific to Malta including the local implementation measures. The document can be downloaded for free from Mamo TCV's dedicated GDPR Microsite which is kept regularly updated. At www.gdprmalta.com you can find relevant data protection news and articles, all relevant guidelines, links to all the relevant laws and more. Should you need any guidance on any GDPR-related issues, please contact our specialised Data Protection Team at: dataprotection@mamotcv.com.  Disclaimer This document does not purport to give legal, financial or tax…
Claude Micallef Grimaud
2nd February 2021
NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
Telecoms, Media & Technology

The EU-US Privacy Shield is No More

This article was written by Dr. Warren Ciantar and Dr. Claude Micallef-Grimaud.On Thursday 16th July 2020, the Court of Justice of the European Union ('CJEU') ruled that the 'Privacy Shield' agreement allowing for the transfer of personal data between the European Union and the United States of America does not provide sufficient protection from US surveillance to EU citizens.To fully appreciate the context and ramifications of this decision, one must go back to 2013, when a young Austrian privacy activist by the name of Max Schrems raised a complaint against Facebook with the Irish Data Protection Commissioner. The complaint centered around…
Warren Ciantar
23rd July 2020
Legal UpdateTelecoms, Media & Technology

Recent Amendments to the Maltese Subsidiary Legislation Regulating the Processing of data in the Insurance Sector

Legal Notice 107 of 2020 (the 'Legal Notice') has recently introduced important changes and clarifications to the Maltese 'Processing of Data Concerning Health for Insurance Purposes Regulations' (S.L. 586.10), which, in parallel with the EU General Data Protection Regulation (GDPR) and the Maltese Data Protection Act (Chapter 586 of the Laws of Malta), regulate the processing of health data in the insurance sector.S.L. 586.10 primarily sought to set out a lawful basis for entities involved in the "business of insurance" to process data concerning health. Particularly, Regulation 4 thereof had previously set out a number of requirements for the processing…
MamoTCV Advocates
31st March 2020