MALTA Law and Practice Contributed by: Antonio Ghio, Paul Gonzi and Rebecca Iversen, Fenech & Fenech Advocates
3.3 Rights and Obligations Under Applicable Data Regulation As referred to in 3.1 Objectives and Scope of Data Regulation and 3.2 Interaction of Data Regulation and Data Protection , there is no Maltese law regulating the use of IoT services and data processing services; these are to be governed by the upcoming EU Data Act. 3.4 Regulators and Enforcement The MDIA is the designated authority to enforce the EU Data Act in Malta. Established under the MDIAA, this authority exercises regulatory functions regarding innovative technology and related services, and promotes consistent prin - ciples for the development of visions, skills and other qualities relating to innovative technology. The MDIA is tasked with assisting competent data protection authorities to safeguard data protection rights, in the context of innovative technologies, although it was not primarily set up to oversee privacy and data protection com - pliance. In this respect, the MDIA is entrusted with the “Strategy and Vision for Artificial Intel - ligence in Malta 2030”. Maltese law does not provide regulations regard - ing “do not track” technologies or behavioural/ targeted advertising, but it does regulate cookies and may naturally be interpreted to apply also to similar identifier applications. In this respect, it is noteworthy that, whilst the conditions for the placing of cookies or similar identifiers entail the “right to refuse” such place - ment (apart from the provision of information) under the ePrivacy Directive, the requirement under Maltese law is for the giving of “consent”. 4. Sectoral Issues 4.1 Use of Cookies
is in breach of laws, which amongst others now includes data protection claims. This Directive aims to establish a model for representative actions on behalf of European consumers when their collective interests are harmed. Malta enacted the transposing Maltese law on 5 June 2023 by way of Act No XVII of 2023, entitled “An Act to provide for representa - tive actions for the protection of the collective interests of consumers, and to carry out other consequential amendments” (the Representa - tive Actions Act). 3. Data Regulation on IoT Providers, Data Holders and Data Processing Services 3.1 Objectives and Scope of Data Regulation There is no Maltese law specifically regulating the IoT. The concept previously generally fell into the legal problematic pit with big data in terms of data repurposing, but it is anticipated that the forthcoming EU Data Act will reconcile certain matters concerning the IoT in the same way as it intends to better reconcile the industry of big data closely linked with such. Full application of this law is set for 12 September 2025. 3.2 Interaction of Data Regulation and Data Protection There is no Maltese law specifically regulating data regulation, except for the interplay between the EU Data Act and GDPR. The EU Data Act is set to become applicable in Malta in September 2025.
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