May
12

MCCAA Issues Consultation Regarding Proposed Amendments to Consumer Affairs Act

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This article has been written by Dr Annalies Muscat and Dr Laura Spiteri 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 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...
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Apr
28

MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act

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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 authoritie...
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Mar
18

COVID-19 Update: Closure of Public Places

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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, ...
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Jan
09

Consumer Legislation: Revamp of Consumer Law Directives

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This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri On 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 Directive 1 The Directive amends...
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Dec
18

The Right to a Fair Hearing in Consumer Law Proceedings

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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 18 th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulation...
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