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Legal Updates

Data Protection Legal Update (October 2018): Maltese Court of Appeal Confirms ‘7 Day Rule’ for Retaining CCTV Footage

 In a judgment delivered on 5th October 2018, in the names of Maltapost plc vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Maltese Information and Data Protection Appeals Tribunal.In a 2015 decision concerning Maltapost's use of CCTV cameras on their premises, the Maltese Information and Data Protection Commissioner ("IDPC") had decided that generally, a maximum retention period of seven (7) days shall apply to CCTV footage, with an extension allowed only in exceptional cases. Following this decision, Maltapost appealed to the Data Protection Appeals Tribunal. The Tribunal…
MamoTCV Advocates
1st November 2018
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Legal Updates

Data Protection Legal Update (October 2018): Maltese Court of Appeal Confirms ‘7 Day Rule’ for Retaining CCTV Footage

 In a judgment delivered on 5th October 2018, in the names of Maltapost plc vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Maltese Information and Data Protection Appeals Tribunal.In a 2015 decision concerning Maltapost's use of CCTV cameras on their premises, the Maltese Information and Data Protection Commissioner ("IDPC") had decided that generally, a maximum retention period of seven (7) days shall apply to CCTV footage, with an extension allowed only in exceptional cases. Following this decision, Maltapost appealed to the Data Protection Appeals Tribunal. The Tribunal…
MamoTCV Advocates
1st November 2018
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Legal Updates

Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails

In a judgment delivered on 5th October 2018, in the names of Doreen Camilleri vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Information and Data Protection Appeals Tribunal (the 'Tribunal').The case related to an ex-employee of the European Union Programmes Agency ('EUPA') who claimed that her data protection rights had been infringed when following termination of her employment, the password to her work email inbox was changed, denying her access to the same while the EUPA's access to such work email inbox was retained. Ms Camilleri originally…
MamoTCV Advocates
29th October 2018
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Legal Updates

Incorrect Legal Basis Precludes Employers From Accessing Ex Employees’ Work Emails

In a judgment delivered on 5th October 2018, in the names of Doreen Camilleri vs Information and Data Protection Commissioner, the Maltese Court of Appeal (Inferior Jurisdiction) decided an appeal from a decision of the Information and Data Protection Appeals Tribunal (the 'Tribunal').The case related to an ex-employee of the European Union Programmes Agency ('EUPA') who claimed that her data protection rights had been infringed when following termination of her employment, the password to her work email inbox was changed, denying her access to the same while the EUPA's access to such work email inbox was retained. Ms Camilleri originally…
MamoTCV Advocates
29th October 2018
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Legal Updates

Legal Update: Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not.The EU's Special Committee on Agriculture supported the Commission's draft Directive. However, on the 1 October 2018, Members of the European Parliament that form part of the Agricultural Committee voted in favour of extending the protection afforded by the draft Directive to all producers and supplies, irrespective of whether they…
MamoTCV Advocates
24th October 2018
pexels-photo-533360.jpeg
Legal Updates

Legal Update: Unfair Trading Practices in the Food Industry

In April 2018, the European Commission issued a proposal for a Directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposed Directive targets the imbalance of power in buyer-supplier relationships where the supplier is a small and medium-sized enterprise ('an SME') and the buyer is not.The EU's Special Committee on Agriculture supported the Commission's draft Directive. However, on the 1 October 2018, Members of the European Parliament that form part of the Agricultural Committee voted in favour of extending the protection afforded by the draft Directive to all producers and supplies, irrespective of whether they…
MamoTCV Advocates
24th October 2018