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Consumer Law

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Antitrust, Competition and Trade

MCCAA Issues Consultation Regarding Proposed Amendments to Consumer Affairs Act

This article has been written by Dr Annalies Muscat and Dr Laura SpiteriOn 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta and hereinafter referred to as the "Act") and other Laws, and to make ancillary and consequential provisions thereto (the "Bill") in the light of Regulation 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the "Regulation"). The salient amendments being proposed in the Bill are the following:i. Introduction of a Commitments Procedure…
Annalies Muscat
12th May 2020
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Legal UpdatesNews

MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act

On 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta) and other Laws, and to make ancillary and consequential provisions thereto. The proposed Bill aims to implement Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, which lists the minimum investigation and enforcement powers of the competent authorities of the Member States. The consultation is open for feedback until 12 May 2020, and anyone who…
MamoTCV Advocates
28th April 2020
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Corporate and M&ACOVID19 MeasuresLegal UpdatesNews

COVID-19 Update: Closure of Public Places

Due to the COVID-19 outbreak, the Superintendent of Public Health issued Legal Notice 76 of 2020 entitled 'Closure of Places Open to the Public Order, 2020' on 17 March 2020. The Legal Notice orders that all bars, restaurants, cafeterias, snack bars, cinemas, gyms, museums, exhibitions, clubs, discotheques, night clubs, open-air markets, indoor swimming pools, the national swimming pool, gaming premises – including controlled gaming premises, bingo halls, casinos, gaming parlours, lotto booths and betting shops be closed due to the outbreak. This notwithstanding, the Legal Notice allows restaurants, snack bars and kiosks to continue to provide their delivery and take-away…
MamoTCV Advocates
18th March 2020
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Corporate and M&A

Consumer Legislation: Revamp of Consumer Law Directives

This article was written by​ Dr Annalies Muscat and Dr Laura SpiteriOn the 7 January 2020, Directive 2019/2161 of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (the 'Directive') came into force. It amends various Directives related to consumer law in the light of the various technological developments that have taken place on the online marketplace. This article lists the salient amendments which will be brought about by the Directive.Unfair Terms Directive1The Directive amends the Unfair Terms Directive, which now requires Member States to lay down rules on penalties…
Annalies Muscat
9th January 2020
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Corporate and M&A

The Right to a Fair Hearing in Consumer Law Proceedings

This article is written by Dr. Annalies Muscat On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.On the 18th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision…
Annalies Muscat
18th December 2019
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Telecoms, Media & Technology

AI’s Responsibility Gap

An autonomous vehicle is heading into another vehicle with five people inside. It cannot brake in time. The two options are: to do nothing and allow itself to crash into the vehicle or to divert its trajectory and crash into a wall, almost certainly killing the autonomous vehicle's sole occupant. This is the Artificial Intelligence version of the 'Trolley Problem' - at its core a philosophical/ethical problem tackled from a number of perspectives, not least by a utilitarian approach.This moral question, which was previously a problem which 'merely' troubled the mind, now troubles us in an actual, physical and even…
Michael Camilleri
2nd October 2019