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
MALTA
Since June 2016
Since July 2018
Since July 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act No. XXIX of 2018 - Trade Secrets Act, 2018 (ATT Nru XXIX tal-2018 - Att tal-2018 dwar is-Sigrieti Kummerċjali)
Act No. XXIX of 2018 - Trade Secrets Act, 2018 (ATT Nru XXIX tal-2018 - Att tal-2018 dwar is-Sigrieti Kummerċjali)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Malta transposed the Directive through the Act No. XXIX of 2018 - Trade Secrets Act, 2018.
Coverage Horizontal
MALTA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Malta, and it is practised in mobile based on commercial agreements. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
MALTA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Both accounting and functional separation of significant market power (SMP)/ dominant network operators are mandated. Functional separation is only applicable when all other SMP remedies are deemed to be ineffective. As such, no operator with SMP is currently liable for such a remedy. An obligation of functional separation applies to vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity. Such business entity shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.
Coverage Telecommunications sector
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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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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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
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
