Oct
29

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

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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...
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4687 Hits
Oct
24

Legal Update: Unfair Trading Practices in the Food Industry

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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 t...
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4803 Hits
Oct
18

Constitutional Court Confirms that Only Courts Have the Power to Decide Cases of a Criminal Nature

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On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et after the plaintiff political party filed a case arguing that the functions of the Electoral Commission ('the Commission') as an investigator and judicial authority with the power to impose substantial fines violates the right to a fair hearing because the Commission is not a court. The Court observed that despite the powers granted to the Commission to investigate and penalise a political party when it breaches the law, it remains subject to the scrutin...
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4623 Hits
Oct
17

Exercise of power to stay proceedings under Article 220 of the Companies Act

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In its recent decision HSBC Bank Malta Plc v The Golden Shepherd Group Limited , (decided 4 th October, 2018) the Civil Court (Commercial Section) exercised its special powers under Article 220 of the Companies Act to stay proceedings pending against the defendant company ("Golden Shepherd"). Golden Shepherd is currently the defendant in on-going dissolution and winding up proceedings instituted by HSBC Bank Malta Plc ("HSBC").  Article 220 allows a company, a creditor or a contributory of that company from applying to the court, at any time after the filing ...
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4175 Hits
Oct
09

Transfer of Business Requirements Considered in Employment Related Dispute

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  In a judgment delivered on the 5th of October 2018, in the names of Antoinette Farrugia vs Optical (CCSG) Company Limited and Classic Group (Appeal nr. 16/2018) the Court of Appeal (Inferior) considered that the decisive criterion for establishing whether a transfer of business had taken place was whether the business in question had retained its identity and thereby whether the business had actually continued or resumed the same or similar activities. Moreover, the Court stated that a transfer of business may also be effected in two stages, the first stage...
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4562 Hits