Cybersecurity—Malta—Q&A guide
Cybersecurity—Malta—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Cybersecurity—Malta—Q&A guide
  • 1. Summarise the main statutes and regulations that promote cybersecurity. Does your jurisdiction have dedicated cybersecurity laws?
  • 2. Which sectors of the economy are most affected by cybersecurity laws and regulations in your jurisdiction?
  • 3. Has your jurisdiction adopted any international standards related to cybersecurity?
  • 4. What are the obligations of responsible personnel and directors to keep informed about the adequacy of the organisation’s protection of networks and data, and how may they be held responsible for inadequate cybersecurity?
  • 5. How does your jurisdiction define cybersecurity and cybercrime?
  • 6. What are the minimum protective measures that organisations must implement to protect data and information technology systems from cyberthreats?
  • 7. Does your jurisdiction have any laws or regulations that specifically address cyberthreats to intellectual property?
  • 8. Does your jurisdiction have any laws or regulations that specifically address cyberthreats to critical infrastructure or specific sectors?
  • 9. Does your jurisdiction have any cybersecurity laws or regulations that specifically restrict sharing of cyberthreat information?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to cybersecurity in Malta published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2019).

Authors: WH Partners—Olga Finkel; Robert Zammit

1. Summarise the main statutes and regulations that promote cybersecurity. Does your jurisdiction have dedicated cybersecurity laws?

Malta has not enacted dedicated cybersecurity legislation; however, as a member of the European Union and the Council of Europe, it must fully conform to its obligations resulting therefrom. To this end, in 2001, a subtitle was added to the Criminal Code entitled ‘Of Computer Misuse’, which largely incorporates the provisions of the Council of Europe Cybercrime Convention, which itself was fully ratified by Malta in 2012.

Under the Criminal Code, article 337C criminalises unlawful access to, or use of, information. Among the offences criminalised under this article is the unlawful use of a computer or other device or equipment to (i) access any data, software of supporting documentation held in that computer or on any other computer, or (ii) copy or modify any such data, software or supporting documentation held in that computer or on any other computer. This article also criminalises unauthorised activities that hinder access to any data, and also covers the unlawful disclosure of data or passwords. Article 337D criminalises the misuse of hardware. One of the most striking features of

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