Database

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MALTA

Since December 2015

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Technical Infrastructure hosting Gaming and Control Systems Guidelines
The Malta Gaming Authority imposes real-time replication in a local server of "regulatory data" in the gaming sector in their Technical Infrastructure Guidelines (Guideline 3.2). Regulatory data is composed of player details, financial transactions, and game-play transactions.
Coverage Online gaming

MALTA

Since November 2018, last amended in November 2024
Since October 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Virtual Financial Assets Act (Att dwar l-Attiv Finanzjarju Virtwali)

Virtual Financial Assets Rulebook (Chapter 3 of the Virtual Financial Assets Rules for VFA Services Providers)
The Malta Financial Services Authority has imposed in R3-3.5.2.1.6 of its Virtual Financial Assets Rulebook (Chapter 3 of the Virtual Financial Assets Rules for VFA Services Providers) a requirement for licence holders to ensure that its IT infrastructure is located in Malta and/or any other European Economic Area member state, and/or any other third country jurisdiction wherein the Authority is satisfied that the IT infrastructure ensures the integrity and security of any data stored therein; availability, traceability and accessibility of data; and privacy and confidentiality. This shall apply to virtual financial asset (VFA) service providers licensed in terms of the Virtual Financial Assets Act and applicants seeking to license as VFA service providers under the Act, as applicable.
Coverage Virtual financial asset service providers

MALTA

Since May 2018
Since April 2016, entry into force in May 2018

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Act (Act XX 2018) (Chapter 586 of the Laws of Malta) (Att Dwar il-Protezzjoni u l-Privatezza tad-Data)

General Data Protection Regulation (Regulation 2016/679)
The Data Protection Act deviates from the General Data Protection Regulation (GDPR) on the transfer of data in its Art. 10. The Article states that, in the absence of an adequacy decision pursuant to Art. 45.3 of the GDPR, the Minister may, following consultation with the Commissioner, set limits to the transfer of specific categories of personal data to a third country or an international organisation for important reasons of public interest.
Coverage Horizontal

MALTA

Since March 2007

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Malta is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

MALTA

Since May 2001
Since 2000, last amended in 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC (The Copyright Directive)

Copyright Act (Att dwar id-Drittijiet tal-Awtur)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. 9 of the Copyright Act of Malta implements the three-step test. Also, some specific limitations, which are non-mandatory by the Directive 2001/29/EC, have been implemented.
Coverage Horizontal

MALTA

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright
Copyright is not adequately enforced online in Malta. Reports indicate that online broadcast piracy continues to be a significant issue in the country. Malta ranks highest in the EU for access to illegal online content, with 22% of Maltese respondents acknowledging illegal content access, particularly for sports, compared to the 14% EU average.
Coverage Horizontal

MALTA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Malta have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

MALTA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Malta have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"101617"},{"post_id":"101618"},{"post_id":"101619"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

MALTA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.86%
Coverage rate of zero-tariffs on ICT goods (%)
75.04%
Coverage: ICT goods

MALTA

Reported in 2023, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ban on TikTok
In March 2023, Malta's Information Technology Agency (MITA) blocked TikTok on all government-issued devices, citing concerns over data security and potential espionage risks associated with the Chinese-owned app. MITA highlighted risks such as data gathering, possible software tampering, and manipulation of content designed to influence public opinion. While the app is blocked on official devices, access via web browsers remains possible for certain users, raising questions about the effectiveness of the ban.
Coverage TikTok

MALTA

Since March 2004, last amended in February 2014
Since October 2016, last amended 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement of Entities Operating in the Water, Energy, Transport and Postal Services Sectors Regulations, 2016 (The Malta Government Gazette; Number: LN 351 of 2016) (Regolamenti tal-2016 dwar Akkwist Pubbliku ta’ Entitajiet li joperaw fis-Setturi tas-Servizzi tal-Ilma, l-Enerġija, it-Trasport u Postali, A.L. 351 tal-2016)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Malta, the Directive has been transposed with the Law LN 351 of 2016 - Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, 2016.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

MALTA

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no specific restrictions on foreign ownership or control nor sectoral limitations.
Coverage Horizontal

MALTA

Since July 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Act No. LX of 2020 - National Foreign Direct Investment Screening Office Act (Att Nru LX tal-2020 - Att dwar l-Uffiċċju Nazzjonali għall-Iskrinjar tal-Investiment Dirett Barrani)
According to Art. 11 and the Schedule of Act No. LX of 2020, foreign direct investments in the areas of communications, media, data processing or storage, access to sensitive information, including personal data, or the ability to control such information, critical technologies and dual-use items or the freedom and pluralism of the media are subject to screening.
Coverage Critical sectors

MALI

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

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