Data protection and privacy—Malta—Q&A guide

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

  • Data protection and privacy—Malta—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Malta—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Malta published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: GTG Advocates—Terence Cassar; Ian Gauci; Bernice Saliba

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

As a member state of the European Union, Malta’s data protection laws include the EU’s General Data Protection Regulation (2016/679) (GDPR). Chapter 586 of the Laws of Malta, the Data Protection Act (2018), along with its subsidiary legislation, came into force on 28 May 2018, repealing the previous Data Protection Act of 2001.

Malta is also a party to the Convention for the Protection of Individuals regarding the Automatic Processing of Personal Data (ETS.108), which came into force in 2003.

2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.

The Office of the Information and Data Protection Commissioner, appointed according to article 11 of the Data Protection Act (2018), is the supervisory authority responsible for overseeing the applicability and enforcement of data protection law in accordance with the requirements of the GDPR.

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