Insights

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Challenging the taxman’s executive title

In recent months we have seen the Government of Malta bolster resources in order to  intensify enforcement against money laundering and tax evasion. The oftentimes forbearing and indulgent stance of the Commissioner for Revenue (“CFR”) has shifted towards a policy that is seemingly hawkish and contentious. Indeed, our courts have...

Debt Collection: Enforcing an EU Judgment in Malta

Persons seeking to retrieve a sum of money that is owed to them may run into difficulties collecting the debt if it transpires that their debtor’s assets are held in a country other than the one where a court has passed judgement in their favour. It takes time and money...

The EU's plan to transform the Internet - Part 1

On 15 December 2020, the European Commission proposed two new pieces of legislation as part of its digital strategy to update the rules governing internet services in the EU. These complementary initiatives are the Digital Services Act (DSA) and the Digital Markets Act (DMA), and their main goals are to...

2021: Online Trading Platforms and Risks to Investor Protection

Among several events that 2021 will be remembered for, this year will probably go down as the year in which financial markets saw unprecedented levels of trading volumes, ostensibly due to the increased participation of retail investors making use of a variety of online trading platforms offering investments with low...

A missed opportunity for the Ġbejna

An online furore has erupted over the MCCAA’s decision to reject an application to have the beloved Maltese Ġbejna registered as a Protected Designation of Origin (“PDO”), ostensibly after opposition by local dairy giants, Benna.   At face value however, the decision appears to be legally well-founded and in conformity with...

An Employee’s right to disconnect

Covid-19 has brought about a change in the working environment with a number of businesses requiring or offering their employees to work remotely.   Recent statistics show that working from home has increased by almost 30%, and this figure is expected to remain constant throughout 2021. Eurofound has reported that people...

AG weighs in on the legality of Hyperlinks

In his recent opinion in a case pending [1] before the Courts of Justice of the European Union (‘CJEU’), Advocate General Maciej Szpunar weighed in on the legality of embedded hyperlinking - also known as framing. Traditionally, hyperlinking refers to an act whereby one webpage displays a URL to another...

MFSA launches Fintech Regulatory Sandbox

The Malta Financial Services Authority (MFSA) has introduced its FinTech Regulatory Sandbox, which provides a controlled regulatory environment where FinTech operators may test their innovations within the financial services sector under prescribed conditions. The FinTech Regulatory Sandbox was launched during a press conference held on the 22nd of July, 2020....

Copyright in the Digital Age

Muscat Mizzi Advocates is proud to have assisted the National Book Council (Malta) in drafting a proposed bill to amend the Copyright Act.The draft intends to update the Copyright Act in order to bring it in line with modern realities of the cultural industry; by transposing the EU’s Directive on...

Debt Collection in Malta

The economic fallout of the recent pandemic has brought about a surge in debt collection claims. The sudden pressure on income for certain businesses necessitates the frugal management of cash flow, to the extent that directors may find themselves in the unenviable position of having to prioritise payments to certain...

Crowdfunding on the Blockchain

Crowdfunding may easily represent the most accessible way for SMEs to raise financing. Blockchain is a highly effective and arguably revolutionary technology. Together, crowdfunding and blockchain, are an effective medium between the person launching an idea and those people who intend to participate in that idea.     A crowdfunding structure is...

Terminating a pregnant employee during her probation period

The plaintiff had filed an application claiming that her former employer, Union Print Company Limited, terminated her contract of employment immediately after informing them that she was pregnant. The company dismissed her allegations and claimed that her termination was strictly connected with her work performance. The company essentially argued that...

Future of Security Token Offerings in Malta

Defining STOs In the Consultation Document, the Authority proposed a categorization of different types of STOs, being: TRADITIONAL STOs: Traditional transferable securities such as shares; bonds (including callable bonds); convertible debt securities; derivatives, asset-backed securities; the storage and/or transaction execution of which is intrinsically dependent on, or utilizes Distributed Ledger...

Using a Maltese “Earlier Right” to Oppose an EUTM Application

The EU Trademark Regulation (Regulation (EU) 2017/1001) (the “EUTMR”) allows proprietors of “non-registered trademarks or of another sign used in the course of trade” to oppose an EU trademark (“EUTM”) application, where “that sign confers on its proprietor the right to prohibit the use of a subsequent trademark”. [1] An...

Employee Share Options in Malta

Employee share options are often used to align the interests of employees with those of the company by tying part of the remuneration package with performance, as reflected in the share price.  In the world of finance, an option is referred to as a derivative contract, the value of which...

Salient features of the New Copyright Directive - Part 2

Beyond the hype, the controversy, talk of meme bans and impending doom for the internet, what will the new law really change? This article is a continuation of an earlier article which delved into the notorious article 13, now article 17.   Part 2 –  Beyond Article 13 (now Article 17)...

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