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MALTA

Since May 2001
Since 2000, last amended in 2011

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

Chapter 415 Copyright Act
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 2017 and 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright
Copyright is not adequately enforced online in Malta. The Association against Copyright Theft claims that fines against copyright violations under Maltese law are not sufficient to deter copyright violations. In addition, the rate of unlicensed software installation in the country was reportedly 43% in 2017 (above the 26% rate of Western European countries), for an estimated commercial value of unlicensed software of USD 4 million.
Coverage Horizontal

MALTA

Since March 2007

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

MALTA

Since March 2019
Since July 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments

Act No. LX of 2020 National Foreign Direct Investment Screening Office Act
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
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 Horizontal

MALTA

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

Pillar Public procurement of ICT goods and online services  |  Sub-pillar 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)
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

LUXEMBOURG

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Luxembourg 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

LUXEMBOURG

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Luxembourg has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LUXEMBOURG

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Luxembourg 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

LUXEMBOURG

Since June 2014
Since April 2011

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law of April 8, 2011 introducing a Consumer Code.
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law of April 8, 2011 introducing a Consumer Code.
Coverage Horizontal

LUXEMBOURG

Since March 2010, entry into force in May 2010, last amended in 2018
Since 2021

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Act of 26 February 2021 amending the amended Act of 27 July 1991 on electronic media
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13(1) provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works through facilitating access to such works using any appropriate means to ensure prominence of European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
The Act of 26 February 2021 and certain grand ducal regulations have transposed into Luxembourg law the Audiovisual Media Services Directive (2018/1808). Providers of on-demand audiovisual media services must devote at least 30% of their catalogues to European works and ensure the prominence of these works.
Coverage On-demand audiovisual service

LUXEMBOURG

Since 2009
Since 1977

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law dated 22 May 2009 related to the National Foundation and the National Lottery

Law dated 20 April 1977 on the operation of a business of games of chance
The current gambling laws do not distinguish between online games and land-based games. However, the National Lottery (Loterie Nationale) has a de facto monopoly in the online gambling market as it is the only entity carrying out online activities in Luxembourg under a licence. This de facto monopoly is reported to be a significant restriction on online gambling operators.
Coverage Online gambling

LUXEMBOURG

Since 2015

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law of December 17, 2021, on electronic communications networks and services
Telecom service providers are required, pursuant to Art. 116 of the Law on electronic communications networks and services, to collect the personal data of customers of a prepaid service. The provider shall collect the surname, first name, place of habitual residence, place and date of birth of the person. Additionally, the provider shall collect the type, country of issue and number of the person's identity document, as well as a copy of that identity document. In the case of a legal person, the business name, address of place of business and the identity of the person acting as a legal representative must be collected. For both legal and natural persons the type of service, call number, and - if a SIM card is used, the number of the SIM card are also collected.
Coverage Telecommunications sector

LUXEMBOURG

Since July 2000
Since 2000

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Electronic Commerce
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with liability of Internet Service Providers and implements almost verbatim Articles 12 to 15 of the E-Commerce Directive.
Coverage Internet Service Providers

LUXEMBOURG

Since July 2000
Since 2000

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Electronic Commerce
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with liability of Internet Service Providers and implements almost verbatim Articles 12 to 15 of the E-Commerce Directive.
Coverage Internet Service Providers

LUXEMBOURG

Since 2006
In 2014
Since 2010, last amended in 2020

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Act of May 30, 2005 laying down specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
Pursuant to Art. 5 and Art. 9 of the Act of May 30 2005, any telecom service provider or operator who processes traffic or location data shall be required to retain such data for a period of six months for the purposes of investigating and prosecuting criminal offences, and for the sole purpose of making information available to the judicial authorities where necessary. Although the Court of Justice of the European Union declared the EU directive on Data Retention, upon which the articles are based, invalid, Luxembourg has kept the data retention period of six months in its legislation. However, in order to (partly) comply with the Court's reasoning, the amended articles require that the retained data must be deleted irrevocably and without any delay at the expiration of the retention period.
Coverage Telecommunications sector