Insights

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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 This can be disproportionately unfair if the information is false, misleading or outdated.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...

Does Maltese employment law accommodate businesses like Uber?

In a recent landmark ruling, a tribunal in London has ruled that self-employed contractors engaged by Uber are in effect to be treated as “workers”. This decision, which is subject to an appeal by Uber, carries with it implications that should be considered by all tech companies that connect independent...

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...

Malta ranked at the top of the EU Scoreboard

The European Commission has once again ranked Malta among the top 5 European Union Member States, according to the latest Competitiveness scoreboard published on Thursday 29th September 2016.In particular, Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs Ezbieta Bienkowska noted how Malta ranked with the top 5 Member States...

The Apple ruling and its relevance to the Maltese tax regime

In a recent State aid ruling delivered by the European Commission’s competition department, Apple Inc., a multinational consumer electronics company, was ordered to pay €13 billion (plus interest) to the Irish Government in the form of retroactive tax payments. Commenting on the Commission’s ruling, Competition Commissioner Margrethe Vestager argued that:...

How’s that for ROI…

In July 2016, the Ultimate Fighting Championship (“UFC”) was sold for a price tag of $4 billion, making it the most expensive transaction in history for a sports organization. To give some perspective to the magnitude of the sale, Manchester United Football Club, one of the most popular football clubs...

New OECD measures: an opportunity for Malta?

Following recent media scandals, the OECD has intensified its recent work to lay down new international standards to tackle tax evasion and tax avoidance amongst others. The OECD has estimated that €90 to €210 billion Euros are being lost every year through tax avoidance. There are currently 15 base erosion...

Choosing the right business set-up

When it comes to starting your own business, it is important to identify the right set-up to cater for your individual requirements and those of your business. In order to guide you in this journey, we have set out the three most common set-ups used to start a businesses: the...

Cyber Security: The Legal Perspective

Increasingly, cyber attacks have become more than just a matter of public concern but of private concern, as well, as private companies are more frequently targeted by hackers than ever before. Attacks now come from all sides, and attackers may include organized criminals, governments, competitors and even a company’s own...

Brexit: Part Two

The immediate impact of this upheaval aside, Brexit is one of the most significant social events in Europe of the post-war era – a wholesale rejection of the European project – which will present both challenges and opportunities, if indeed it happens at all. One must wonder: what does the...

Brexit: Part One

The 23rd day of June of 2016 marked a historic moment for the European Union – after fifty years of continued expansion and consolidation, one of its largest and most influential member states, the United Kingdom, went to the polls on whether the people wanted to continue its relationship with...

Choosing the right brand name

Strength of Trademarks A trademark is what makes one item or service distinguishable from another and in order for it to be effective, it usually has to be distinct from other marks and must have a quality which makes it stand apart. So true is the latter point, that a...

New Arbiter for Financial Services

Launched a little over a year ago the office of the Financial Services Arbiter is designed to be a space where consumers may lodge complaints in respect of the conduct of financial services providers. The decisions made by the Financial Services Arbiter are binding, placing this office above the Malta...

New investment fund rules set out to solve time to market issues

Last February, the Malta Financial Services Authority (MFSA) announced its intention to implement a new set of rules to govern the notification (as opposed to the licensing) of Alternative Investment Funds or ‘Notified AIFs’ or ‘NAIFs’, as they are commonly referred to. With the rules now in force, and the...

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