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Data Protection

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Telecoms, Media & Technology

Cookies: ECJ Confirms Illegality of Pre-ticked Boxes

The European Court of Justice ('ECJ') has given its preliminary ruling following a request from the German Federal Court of Justice during a case between the Federation of Consumer Organisations ('the Federation') and Planet49 GMBH ('Planet49'), an online gaming company.  The issue concerned the consent of participants in a promotional lottery being organized by Planet49, to:i)    have their personal data transferred to the Planet49's partners and sponsors;ii)   the storage of their information and;iii)  the access of information stored on the users' terminal equipment (be it laptop, desktop, mobile device etc.).The facts of the case were as follows. In order to participate…
Warren Ciantar
9th October 2019
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Legal Updates

New Rules on Secondary Processing of Health Data Come into Force

The Minister for Health, following consultation with the Data Protection Commissioner, has enacted regulations, through a Legal Notice, to allow for the secondary processing of health data. Secondary processing includes all those forms of processing that are not linked to the primary purpose (providing a health service) for which the data were collected and thus includes: administrative work, analysis of health records, compiling statistics, compiling evidence in medico-legal cases, investigation of health threats and other research activities. This Legal Notice serves to clarify that such processing of personal data in the health sector would be deemed lawful. The relevant data…
MamoTCV Advocates
9th October 2019
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Legal Updates

Recent GDPR Fines Issued in Various Countries

Country: Greece (first fine ever issued by the Greek data protection authority)Fine Amount: €150,000Issued to: PWC Business SolutionsReason: The company, i.e. an employer, had decided to use consent as a legal basis for processing the personal data of its employees for various standard work-related purposes (e.g. paying the employees, sending the employees' personal data to relevant tax and labour authorities etc.). The Greek data protection authority held that consent is not a sound legal basis in the context of employment, due to the relationship between employer and employee being a subordinate one where there is a natural imbalance of power.Country:…
MamoTCV Advocates
22nd August 2019
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NewsTrusts, Foundations and Wealth Management

Mamo TCV Advocates Publishes 4th Edition of its free ‘Brief Overview of the GDPR’

The EU General Data Protection Regulation (GDPR) entered into force across the EU, including Malta, on 25th May 2018. On the first anniversary of this event, we have updated our very popular (and free) brief GDPR overview (now in its 4th 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 we keep regularly updated. Should you need any guidance on GDPR-related issues, please contact our specialised Data Protection Team at: dataprotection@mamotcv.com .  A Brief Overview of the EU General Data Protection Regulation (GDPR)…
MamoTCV Advocates
24th May 2019
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Telecoms, Media & Technology

Mamo TCV Delivers GDPR talk at Society Education Event

At the invitation of Society Education, on 21st March 2019 Mamo TCV Advocates delivered a talk regarding the General Data Protection Regulation ('GDPR'). The event took place at 'the Landmark' in Qormi, Malta. On behalf of Mamo TCV Advocates, Dr Claude Micallef-Grimaud and Dr Warren Ciantar delivered their three-hour presentation titled: 'The General Data Protection Regulation (GDPR): An Overview of its Most Salient Aspects'. The presentation was split into two parts, with the first examining certain key features of the GDPR including the legal grounds for processing personal data, the new fines that may be imposed, new information requirements to…
MamoTCV Advocates
31st March 2019
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Telecoms, Media & Technology

Mamo TCV Advocates Contributes to the 2019 Edition of DLA Piper’s ‘Data Protection Laws of The World Handbook’

Ever since the 'Data Protection Laws of The World Handbook' was launched by DLA Piper in 2012, Mamo TCV Advocates has been closely involved therewith by providing, and subsequently updating on an annual basis, the chapter relating to Maltese data protection legislation. The 'Malta' section (now including GDPR implementation measures) was written by Dr Claude Micallef-Grimaud and is currently updated as at 10 January 2019. It can be accessed here.The handbook provides an overview of the key privacy and data protection laws and regulations (including GDPR implementation) across nearly 100 different jurisdictions and offers a primer to businesses as they…
Claude Micallef Grimaud
28th February 2019