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Immigration

Identity Malta Issues Update on Single Permit Applications

During the COVID-19 pandemic, Identity Malta had suspended all new single permit applications, barring those applications submitted under the Key Employee Initiative and by medical professionals. Nonetheless, third country nationals who were present in Malta and held a valid work permit were able to change their employer, irrespective of their application type.Identity Malta has now stated that it will be re-opening its services and shall be accepting Single Permit applications as of 3rd August, 2020. All new applications will be subject to more scrutiny than before, with a large focus on labour market tests and any applicable legislation. Following the…
Julian Fenech Adami
17th July 2020
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Legal UpdatesTelecoms, 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
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Legal UpdatesTelecoms, Media & Technology

Recent Amendments to the Maltese Special Rules of Processing of Personal Data by Public Authorities in Relation to Criminal Offences

The Maltese subsidiary legislation regulating the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties (S.L. 586.08), implementing EU Directive 2016/680, came into force on the same day as and in parallel with the EU General Data Protection Regulation (GDPR).The said S.L. 586.08 has recently been amended by virtue of the similarly named Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) (Amendment) Regulations,…
MamoTCV Advocates
30th March 2020
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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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Telecoms, Media & Technology

New GDPR Guidelines on CCTV Surveillance

In today's world, video surveillance has become ubiquitous to the point that most people hardly even notice the presence of cameras and in some instances even expect cameras to be in place. Such an attitude towards the use of cameras belies how commonplace they have become and how accustomed we have grown to being constantly under surveillance. Acknowledging this reality, the European Data Protection Board ('EDPB'), which was established just over a year ago with the introduction of the General Data Protection Regulation ('GDPR'), has recently made available for public consultation its Guidelines on the processing of personal data through…
Warren Ciantar
22nd July 2019