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Can Copyright Be Claimed by Athletes in their Sporting Performances?

  November 17, 2015     By CSB Advocates
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 fact do claim copyright on their work, such as song writing.

European Parliament Shoots Down Amendments Protecting Net Neutrality

  October 29, 2015     By CSB Advocates
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 neutrality bill. Net neutrality is the principle that every point on the web can connect to any other point on the web, regardless of the origin, destination or type of data. This allows for a free flow of information, innovation and competition. Users can exercise their right to receive and impart information, and their right to expression, online.

Secure Securitisations in Malta

  October 23, 2015     By CSB Advocates
Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the Securitisation Act (Chapter 484 of the Laws of Malta) (“Act”).

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

  October 12, 2015     By CSB Advocates
The Data Retention Directive was enacted as a reaction to the 2004 and 2005 terrorist attacks in Europe in order to harmonize the investigation and prosecution mechanisms throughout the EU, especially with regards to organized crime and terrorism.

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

  October 1, 2015     By CSB Advocates
The employment of persons with disabilities is currently regulated by the “Persons with Disability Employment Act” (Chapter 210 of the Laws of Malta), and at the same time the Employment and Training Corporation (ETC) has set up and to date maintains a Register of Persons with Disability.

No Breaks for Kit-Kat

  August 27, 2015     By CSB Advocates
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

  August 25, 2015     By CSB Advocates
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 the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software.

New Guidelines on the Issuance of Employment Licenses in Malta

  August 20, 2015     By CSB Advocates
Employment and Training Corporation (ETC) has recently published new guidelines on employment licenses (also known as the work permits) issued with respect to Third Country Nationals who wish to reside and work in Malta.

Regulating Drones within the European Aviation Market

  August 13, 2015     By CSB Advocates
Drones, which are also known as Remotely Piloted Aircraft Systems or Unmanned Aircrafts have recently gained popularity across Europe and internationally.

Firms with Intellectual Property Rights Perform Better

  July 29, 2015     By CSB Advocates
A report published by the Office for Harmonization in the Internal Market – ‘Intellectual property rights and firm performance in Europe: an economic analysis’ – sheds light on the link between companies with intellectual property rights and a superior economic position.

Binary Options Trading in Malta

  July 21, 2015     By CSB Advocates
Trading in binary options is considered to be a high risk practice and therefore the MFSA has issued a circular setting out additional conditions in this regard which complement those conditions set out for Investment Services Providers within the Investment Services Rules.

UCITS – ESMA Developing a Common Understanding on Share Classes

  July 20, 2015     By CSB Advocates
On the 23rd of December 2014 the European Securities and Markets Authority ("ESMA") published a discussion paper on share classes of UCITS Funds with a view to developing a common understanding of what constitutes a share class of a UCITS Fund.

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

  July 17, 2015     By CSB Advocates
Annualisation of hours is a term used to describe a contract which states the agreed number of guaranteed hours the employee is contracted to work through a twelve month period. Annualisation schemes are implicitly promoted both by EU Legislation on working time and by EU policies and recommendations, which – among others – allow EU Member Countries to adopt flexible working time schedules.

Registration and Licensing of Motor Vehicles Amendment Regulations in Malta

  July 14, 2015     By CSB Advocates
Before the introduction of the Registration and Licensing of Motor Vehicles (Amendment) Regulations, published on the 5th of June 2015, if an individual bought a car abroad and imported the car into Malta the law did not authorise the individual to use the car on the Maltese roads until the registration process was completed and until the Maltese number plates would have been obtained.

Facebook Taken to Court by Belgium over Privacy Breach Claims

  June 18, 2015     By CSB Advocates
The Belgian Commission for Privacy Protection (CPP) is claiming that Facebook is monitoring the web movements of both users and non-users through plug-ins and cookies and gathering information about their browsing habits.

Do Not Forget about the ‘Right To Be Forgotten’

  June 16, 2015     By CSB Advocates
Last year, European citizens were granted the right to submit a request to Google for the delisting of personal information deemed to be harmful, out of date or irrelevant, through a ruling issued by the European Court of Justice. This means that the information would no longer come up in search results following searches carried out on European websites.

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

  May 28, 2015     By CSB Advocates
On the 20th of May 2015, two years after the European Commission first proposed the 4th AML Directive, the European Parliament approved the final text of the 4th AML Directive intended to address the threat of money laundering in 2015 and beyond.

Company Service Providers in Malta

  May 20, 2015     By CSB Advocates
In terms of the the MFSA Rules for Company Service Providers (“CSPs”), CSPs are required to submit a Certificate of Compliance and an Annual Financial Return.

Fund Managers in Malta

  May 19, 2015     By CSB Advocates
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’ Computation.

The Digital Single Market Top Priority for EU

  May 18, 2015     By CSB Advocates
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

  May 14, 2015     By CSB Advocates
The Authority for Transport in Malta has advised that following consultation with all the stakeholders involved, the Commercial Yacht Code 2010 has been revised.

Malta Conduct of Business Rulebook: MFSA Issue Consultation Document

  May 10, 2015     By CSB Advocates
The Malta Financial Services Authority (the “MFSA”) is currently in the process of setting up a Conduct Supervisory Unit. This is being done for the purposes of implementing the regulatory framework and securing adequate client protection in the industry through a supervisory regime aiming to address potential or emerging risks for clients in the financial services industry. The aim is also to strengthen the fair treatment of customers by regulated entities.

Posted Workers’ Rights and Working Conditions

  April 28, 2015     By CSB Advocates
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 his/her work in the territory of an EU Member State (i.e.: “host” State) other than the State in which s/he normally works (i.e.: “posting” State).

€35,000 awarded for Unfair Dismissal and Discrimination in Malta

  April 14, 2015     By CSB Advocates
Recently the Court of Appeal confirmed a compensatory sum awarded by the Industrial Tribunal to a British High Commission employee for unfair dismissal and discrimination.

Overhaul Aimed at Making all Media Equally Available throughout Europe

  April 8, 2015     By CSB Advocates
The European Union has recently unveiled a planned reform for the 28 Member State’s digital market aimed at boosting ecommerce and overhauling Europe’s telecoms market.

Intellectual Property Rights in the European Union

  April 7, 2015     By CSB Advocates
Earlier this month the Office for Harmonization in the Internal Market (OHIM) together with the Malta Commerce Department hosted the Intellectual Property Information session on the European Trademark and Design session.

Malta - Streamlining its PIF and AIF Regimes

  March 23, 2015     By CSB Advocates
On the 10th of March 2015 the Malta Financial Services Authority ("MFSA") published a consultation paper on the regulatory approach applicable to collective investment schemes licenced as professional investor funds (“PIFs”) and alternative investment funds (“AIFs”) in terms of the Investment Services Act.

Malta IIP – The National Development and Social Fund

  February 26, 2015     By CSB Advocates
The Malta Citizenship by Investment Programme was established by LN 47/2014, in which the Government of the Republic of Malta grants naturalisation by investment to reputable individuals and their dependants on the basis of a firm and thorough due diligence process and a significant contribution to the social and economic development and investment in the country.

Better Protection for Trade Secrets in the EU

  February 5, 2015     By CSB Advocates
During the past months, the European Commission put forward a proposal for a directive on the protection of undisclosed material and business information, also known as trade secrets, and against their unlawful acquisition, use and disclosure. The idea of this proposal is for the protection against the misappropriation of business information and the safeguarding of confidential business practices.

Malta Sixth Largest in the World and Largest in Europe Maritime Law Malta

  February 5, 2015     By CSB Advocates
Transport Malta, the Authority responsible for the Malta Ship Register in Malta, has reported that as at the end of December 2014 Malta’s ship registry saw a growth of 13.6%, which is equivalent to over six million gross tonnes and a growth of 18% in yacht registration, totalling the number of merchant vessels under the Malta flag over 2,500, making the Malta Ship register the sixth largest in the world and the largest in Europe.

Amendment to International Owner Malta Shipping & Yachting Law

  January 26, 2015     By CSB Advocates
Through Legal Notice 22 of 2015, the individuals who are qualified to own Maltese vessels, have also been extended to include citizens of the European Economic Area and of Switzerland, while prior to this amendment this was limited only to citizens of the European Union.

A Question of Substance - Malta's Financial Services Sector Stability

  January 21, 2015     By CSB Advocates
Malta continues to receive glowing reviews internationally as a stable financial services centre of repute within the European Union.

Malta Preparing for Solvency II Directive

  January 19, 2015     By CSB Advocates
On the 22nd of December, 2014 the MFSA commenced a consultation process on proposed amendments to the Insurance Business Act (Cap. 403 of the Laws of Malta) and the Insurance Intermediaries Act (Cap. 487 of the Laws of Malta).

Malta Ranks 6th in the Index of Best Places to Retire

  January 13, 2015     By CSB Advocates
Forbes/International Living has announced that Malta has featured sixth in the index of the best places to retire for Americans.

Secure Securitisations in Malta

  December 5, 2014     By CSB Advocates
Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the Securitisation Act (Chapter 484 of the Laws of Malta) (“Act”).

European Securities and Markets Authority Issues Consultation Paper on Asset Segregation

  December 4, 2014     By CSB Advocates
The European Securities and Markets Authority (ESMA) has recently published a consultation paper on the asset segregation requirements under the Alternative Investment Fund Managers Directive (AIFMD).

The Most Awaited Third Pillar Pension Scheme

In light of the launch of a regulatory structure for private pensions forwarded by the MFSA the Minister for Finance Prof. Edward Scicluna recently launched the Third Pillar pension scheme, also referred to as the Personal Retirement Scheme which is accompanied by another scheme called the Individual Savings Account.

Malta - A Jurisdiction for Private Equity Funds

The MFSA is currently amending its legislative and regulatory framework in order to make Malta an efficient jurisdiction for structuring private equity funds.

Google’s Privacy Policy Questioned

European Union privacy regulators have been urging Google to refine its privacy policies for quite some time.

Malta’s Banking Institutions Considered Sound and Resilient by the European Central Bank

The European Central Bank (ECB) has published the results of the stress-test that it has conducted over the past year in respect of the 130 largest banks in the euro area, considering their financial position as at the 31st December 2013.

Malta Applicants for Online Forex Trading - Category 2 / Category 3 Investment Services Licence

The MFSA recently circulated a notice outlining additional criteria with respect to the licensing of entities that would like to offer online forex trading to retail clients in terms of the Investment Services Act, Chapter 370 of the Laws of Malta.

MFSA on the Alternative Investment Fund Managers National Private Placement Regime

The MFSA recently published a set of documents formalising the implementation of the National Private Placement Regime (‘NPPR’) in Malta.

MFSA Thematic Review on Compliance with the Requirements on Governance, Compliance & Risk Management in Malta

The MFSA recently published a circular addressed to the compliance officers of investment services license holders with consolidated feedback from the Securities and Markets Supervision Unit.

Malta Financial Services Authority Issues a Consultation Document on the Proposals for Securitisation Cell Companies Regulations

Cell companies have been an established feature of Maltese legislation since 2004, following the enactment of the Companies Act (Cell Companies carrying on business of insurance) Regulations, 2004 (the “PCC Regulations”). Since then the cell company concept in Malta has not only taken root among market operators and practitioners but has also influenced the development of other legal frameworks in the insurance and funds sector.

Equal Treatment in Employment in Malta

An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.

Plans for a New Marina in Sa Maison, Pietà Malta

The Authority for Transport in Malta plans to issue a request for proposals for the development and operation of an all-weather marina with up to 240 berths and shore facilities at Sa Maison in Pietà.

2014 Amendments to the Malta Retirement Programme Rules

Legal Notice 269 of 2014 has amended the Malta Retirement Programme Rules which were originally promulgated in 2012.

Malta Residence Programme Rules 2014

By virtue of two legal notices published on the 8th of July, the High Net Worth Individuals Rules (HNWI Rules) have now been amended to reflect the Global Residence Programme threshold, both in terms of tax and property value (be it purchase or lease), and a new special tax status is presented.

Your Rights as a Consumer in Malta

When purchasing a product in terms of the Maltese Consumer Affairs Act, consumers have clear-cut legal rights. The warranty provided by the supplier or the manufacturer cannot curtail or negatively affect the consumer’s rights.

EU Nationals Working in Malta

According to a Parliamentary answer by the Maltese Employment Minister Evarist Bartolo, a total of 10,035 EU nationals were working in Malta as at end of December 2013.

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