MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
Importation into Malta The importation of telecommunications equip - ment in Malta requires an import permit that has been raised against a Certificate of Conformity in line with the regulations laid down by the Euro - pean Telecommunications Standards Institute (ETSI). Security Requirements Regulation 28 of the ECNSR imparts obligations on publicly available electronic communications networks and services. The main obligations include: • take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of networks and services; • adequately manage their risks while consider - ing the state-of-the-art technology; • report security incidents which significantly disrupt electronic communications networks and services to the Malta digital innovation authority (MDIA); • the MCA may request from the providers any documentation necessary to assess the secu - rity of their networks and services; and • the MCA may require providers to submit to a security audit. 6.2 Net Neutrality Regulations Net Neutrality or “open internet” is applicable in the EU through Regulation (EU) 2015/2120. As Malta is an EU member state, the Regulation is directly applicable. On the basis of the net neutrality principle, con - sumers control what to access and publish on the internet, without any restrictions. This means that an ISP must treat all traffic flowing over its network equally, irrespective of the content, the owner of the data, its origin or destination.
However, ISPs may need to implement traf - fic management policies in order to ensure the smooth running of the network. This notwith - standing, ISPs are restricted in the type of traffic management that they can apply. In fact, while doing so, ISPs need to ensure that any measures are reasonable and must satisfy the criteria of proportionality and non-discrimination. In addition, ISPs may also implement internet access restrictions in the following exceptional circumstances: • comply with Union and/or National law and Court Orders (eg, to block unlawful content as required by a Court Order); • protect the integrity or security of their net - work (eg, to prevent cyber-attacks that occur through the spread of malicious software); or • prevent impending network congestion that occurs temporarily and under exceptional circumstances (eg, congestion caused by a sudden and abnormal increase in the demand for specific content applications or services when compared to the average demand). 6.3 Emerging Technologies Emerging technologies such as 5G, the IoT and AI are significantly influencing Malta’s tel - ecommunications legal framework. The MCA is actively involved in facilitating the deployment of 5G networks, recognising Malta as an ideal location for pilot studies and publishing a light - weight test and trial licensing regime to encour - age innovation in this area. Furthermore, the MDIA, established in 2018, leads and advises the government on developments in innovative technologies, including AI. The MDIA has devel - oped a national AI Strategy and is spearheading legislative changes to regulate AI in accordance with the EU’s AI Act.
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