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
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)
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
Sources
- https://legislation.mt//Pdf/web/viewer.html?file=https://legislation.mt/getpdf/673ef2510dba9f09507450b4
- https://web.archive.org/web/20230204125635/https://www.mfsa.mt/wp-content/uploads/2021/10/Chapter-3-of-the-Virtual-Financial-Assets-Rulebook-effective-as-at-15-October-2021.pdf
- https://www.dataguidance.com/notes/malta-data-transfers
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MALTA
Since May 2018
Since April 2016, entry into force in 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)
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
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
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20211205042813/https://parlament.mt/en/13th-leg/acts/act-lx-of-2020/
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20220306001541/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
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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
Sources
MALTA
Since March 2004, last amended in February 2014
Since October 2016, last amended 2019
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)
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.
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
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230803224953/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:241693
- https://legislation.mt/eli/ln/2016/351/eng
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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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
MALI
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Mali does not have a legal framework that applies consumer protection to online transactions. According to Art. 2 of Law No. 2015-036 on Consumer Protection, the law does not include the protection of consumers for goods and services online.
Coverage E-commerce sector
MALI
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Mali has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MALI
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Mali has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MALI
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mali has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MALI
Since May 2016
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 2016-012/ of 6 May 2016 relating to Electronic Transactions, Exchanges and Services (Loi No. 2016-012/ Du 6 Mai 2016 relative aux Transactions, Echanges et Services Electroniques)
Law No. 2016-012/ of May 6, 2016, relating to electronic transactions, exchanges, and services, establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 78 of the Law, when offering a service that involves transmitting information via a communication network or facilitating access to it, the service provider bears no responsibility for the transmitted data. This exemption applies as long as the provider meets specific criteria: they are not the source of the transmission, do not choose the recipient of the information, and do not select or modify the content being transmitted. The transmission and access provision activities referred to in the first paragraph of this article include the automatic, intermediate and transient storage of the information transmitted, provided that this storage is used exclusively for the execution of the transmission on the communication network and that its duration does not exceed the time reasonably necessary for the transmission.
Coverage Internet intermediaries
