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Law related articles writen by lawyers
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License to Skill – An Outline of Malta's Regulation of Skill Games

  February 8, 2017     By GVZH Advocates
Gambling, from a legal and policy perspective, has been consistently defined by reference to the constitutive elements of involving a monetary...

Employment Contracts Conducted Electronically - Malta

  January 27, 2017     By GVZH Advocates
In this digital age, there is an increased reliance on the internet as a means of conducting business in a more efficient manner. In recent...

European Commission Proposal Strengthens Privacy Rules for Electronic Communications

Following a leak in early December, the European Commission has officially published the finalised proposed new legislation which aims to...

Leaked E-Privacy Draft: What to Expect in Malta & the EU

Following the introduction of the General Data Protection Regulation, the European Commission has been working on reforming the E-Privacy...

GAPSME: General Accounting Principles for Small and Medium Enterprises in Malta and the EU

The EU Single Accounting Directive 2013/34/EU, which repealed the 4th and 7th Accounting Directives on Individual and Consolidated Accounts,...

MFSA Issues Discussion Paper on Investment-Based Crowdfunding in Malta

With access to finance becoming more difficult for start-ups and small businesses, the evolution of crowdfunding is becoming an emerging...

Fraud and Investigations at the Workplace in Malta

LEGISLATIVE FRAMEWORK Monitoring of employees at the workplace is not specifically regulated by Maltese Law. In this respect, one must refer...

MFSA – Consultation on Proposed Amednments to the Investor Compensation Scheme Regulations in Malta

On the 4th November 2016, the MFSA issued a consultation document on amendments being proposed to the Investor Compensation Scheme Regulations...

European Securities and Markets Authority: Investor Protection Under MIFID II

Ahead of the deadline for the member states to transpose MIFID II into national legislation which is now set for 3 July 2017 deadline for the...

Right to Compensation in Respect of Unused Leave in EU and Malta

The European Court of Justice has recently ruled that an employee has the right to be paid an allowance in lieu of any days of paid annual leave...

Skill-based Fantasy Sports Enjoy Formal Exempt Status in Malta

The daily fantasy sports (‘DFS’) industry has been a hot topic of debate in the United States market.

New EU Copyright Rules Aimed at Supporting Online Content Creators

During the State of the Union 2016, the European Commission proposed the introduction of new and up to date EU copyright rules.

Skill-Based Fantasy Sports Enjoy Formal Exempt Status in Malta

The daily fantasy sports (‘DFS’) industry has been a hot topic of debate in the United States market.

A Maltese Solution for Swiss Asset Managers

Until very recently the Swiss asset management industry relied exclusively on self-regulation and was allowed to operate and develop somewhat...

How Businesses Will Be Affected by the New Cybersecurity Directive

Cyber security is a prominent issue on the EU’s digital agenda. Many governments and companies are vulnerable to cyber security threats. For...

Employment on Board Maltese Flagged Vessels – Do Seafarers Get a Fair Deal?

As emphasised by the International Labour Organizations (ILO), seafarers are frequently exposed to difficult working conditions and particular...

Proposed Amendment to Legislation- Setting up the Industrial Tribunal in Malta

The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and...

French Data Protection Authority Clamps Down on Facebook’s Privacy Violations

On Monday, the 8th of January 2016, the French data protection authority, Commission Nationale de l’Informatique et des Libertes (CNIL), issued...

A Vessel’s Seaworthiness Addressed by the Merchant Shipping Directorate in Malta

Under Maltese law, all sorts of vessels can be registered under the Malta flag, hence the type of vessel which may be considered for...

Posting of Third Country Nationals to Malta: The Vander der Elst Application in Malta

As a matter of rule, individuals who are not citizens of an EU Member State (also known as Third Country Nationals-TCNs) must be in possession...

MFSA Conducts a Thematic Review on Compliance with the Requirements on Corporate Governance in Malta

In 2015, the MFSA conducted a Thematic Review Questionnaire amongst 60 authorised trust companies (‘authorised persons’), which represent...

Belgium Lags Behind in Implementing the Single Permit Directive

The EU Commission has recently announced that to date Belgium has failed to transpose the Single Permit Directive (Directive 2011/98/EU) into...

MFSA on Governance, Compliance & Risk Management Regarding Investment Services Licence Holders in Malta

On the 22nd December 2015, the MFSA issued a letter to the Compliance Officers of Investment Services Licence Holders to inform them of the...

European Bank Authority Consultation on Regulatory Technical Standards on Passporting under PSD II

On the 11th December 2015 the European Bank Authority (“EBA”) launched a consultation on its draft technical standards on the framework for...

What to Expect from the Seller when Making an Online Purchase in the EU

As 2015 comes to a close, the e-commerce industry is expected to make €185.39 billion this year. In the EU, the average online shopper spends...

Unfair Dismissal in Malta?

Recently a case was brought before the Industrial Tribunal by an aggrieved employee who had his employment terminated after being in employment...

The Layman’s Guide to the European Institutions

Ever since the horror that was the Second World War, Europe has reorganized itself into a democratic union of states, which has proved to be...

Can Copyright Be Claimed by Athletes in their Sporting Performances?

One may question whether athletes would be able to claim copyright on their performance. It is well known that artists are able to do so and in...

European Parliament Shoots Down Amendments Protecting Net Neutrality

In a vote that took place on the 27th of October, the European Parliament has rejected a number of legal amendments to the proposed net...

Secure Securitisations in Malta

Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”)...

The Commission Refuses to Comment on Germany’s Data Retention Laws

The Data Retention Directive was enacted as a reaction to the 2004 and 2005 terrorist attacks in Europe in order to harmonize the investigation...

Malta's Government Measures to Increase Employment of Persons with Disability

The employment of persons with disabilities is currently regulated by the “Persons with Disability Employment Act” (Chapter 210 of the Laws of...

No Breaks for Kit-Kat

The latest in Nestlé’s attempt to trademark its iconic four-finger chocolate is at odds with EU law.

The Murky Waters of Software Patents

Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and...

New Guidelines on the Issuance of Employment Licenses in Malta

Employment and Training Corporation (ETC) has recently published new guidelines on employment licenses (also known as the work permits) issued...

Regulating Drones within the European Aviation Market

Drones, which are also known as Remotely Piloted Aircraft Systems or Unmanned Aircrafts have recently gained popularity across Europe and...

Firms with Intellectual Property Rights Perform Better

A report published by the Office for Harmonization in the Internal Market – ‘Intellectual property rights and firm performance in Europe: an...

UCITS – ESMA Developing a Common Understanding on Share Classes

On the 23rd of December 2014 the European Securities and Markets Authority ("ESMA") published a discussion paper on share classes of UCITS Funds...

Binary Options Trading in Malta

Trading in binary options is considered to be a high risk practice and therefore the MFSA has issued a circular setting out additional...

To Bank or not to Bank? Maltese Law Rules Governing the Banking of Work Hours

Annualisation of hours is a term used to describe a contract which states the agreed number of guaranteed hours the employee is contracted to...

Registration and Licensing of Motor Vehicles Amendment Regulations in Malta

Before the introduction of the Registration and Licensing of Motor Vehicles (Amendment) Regulations, published on the 5th of June 2015, if an...

Facebook Taken to Court by Belgium over Privacy Breach Claims

The Belgian Commission for Privacy Protection (CPP) is claiming that Facebook is monitoring the web movements of both users and non-users...

Do Not Forget about the ‘Right To Be Forgotten’

Last year, European citizens were granted the right to submit a request to Google for the delisting of personal information deemed to be...

European Parliament Approves ‘International Standards of Combatting Money Laundering and the Financing of Terrorism and Proliferation’

On the 20th of May 2015, two years after the European Commission first proposed the 4th AML Directive, the European Parliament approved the...

Company Service Providers in Malta

In terms of the the MFSA Rules for Company Service Providers (“CSPs”), CSPs are required to submit a Certificate of Compliance and an Annual...

Fund Managers in Malta

On the 13th May 2015, the MFSA issued a Circular addressed to Fund Managers on the inclusion of Retained Earnings as part of the Own Funds’...

The Digital Single Market Top Priority for EU

Creating a Digital Single Market is one of the ten priorities of the EU President-elect Jean-Claude Juncker.

Commercial Yacht Code Has Been Amended in Malta

The Authority for Transport in Malta has advised that following consultation with all the stakeholders involved, the Commercial Yacht Code 2010...

Malta Conduct of Business Rulebook: MFSA Issue Consultation Document

The Malta Financial Services Authority (the “MFSA”) is currently in the process of setting up a Conduct Supervisory Unit. This is being done for...

Posted Workers’ Rights and Working Conditions

According to the EU Legislation, a posted worker is a person who, on behalf of the employer, is sent for a limited period of time to carry out...



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