Alain Muscat

Alain Muscat


Alain Muscat

Alain is a partner at Muscat Mizzi Advocates specialising in business law and financial services. He is an expert in Malta inward investment, advising overseas companies on setting up and doing business in Malta.

He looks after clients in a variety of industries although his main industries of focus are financial services, technology and entertainment. Beyond his practice, Alain also lectures at the University of Malta and is a dedicated music enthusiast.



Written by Alain Muscat

An appraisal of the MFSA’s proposed ‘Financial Instrument Test’

Pursuant to the ‘Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers’, the MFSA has released a consultation document in respect of the ‘financial instrument test’ (the “Test”). The purpose of the Test is to determine the applicable regulatory framework for initial coin offerings, as well as...

Guidelines issued on procurement of consent under GDPR

As businesses set out to implement operational changes to phase into the new regulatory environment brought about by the GDPR, many are those who are still struggling to understand the parameters in which data controllers are expected to obtain consent from data subjects as a basis for lawful processing.  The...

The Right to be Forgotten - Part Two

In May 2014, the Court of Justice of the European Union (CJEU) ruled that search engines, such as Google, assumed the function of a controller and set out the right of data subjects to request the erasure of personal data that is ‘inadequate, irrelevant or no longer relevant’.  Search Engine...

The right to be forgotten – Part One

Negative search engine results can have undesired consequences such as loss of business or employment opportunities. This can be disproportionately unfair if the information is false, misleading or outdated. This principle was confirmed in an important ruling on the subject delivered by the Court of Justice of the European Union...

Proposed amendments to EuVECA and EuSEF Regulations to face European Parliamentary process

On the 22nd July 2013, the European Parliament enacted Regulation 345/2013 and 346/2013 which laid down uniform requirements and conditions for managers of European Venture Capital Funds (EuVECAs) and European Social Entrepreneurship Funds (EuSEFs). EuVECAs and EuSEFs are essentially harmonised collective investment schemes intended to facilitate the supply of capital...

Copyright aspects of hyperlinking

A hyperlink, or simply a link, is a reference to data found elsewhere on the internet. It is the most common tool used to share information online and is oftentimes considered to be a sine qua non to the smooth functioning of the internet as an avenue for freedom of...


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