Malta Data Protection Compliance 

The right to privacy is a fundamental human right, which is protected within in our Constitution. Our personal data represents our identity and, therefore, States have reacted to the increased threat to personal privacy through the implementation of specific data protection legislation.

Malta enacted the Data Protection Act, (Chapter 440 of the Laws of Malta), in 2001, which together with a number subsidiary legislation, forms part of the local legislative framework for the protection to the respect of privacy. The scope behind this legislation is to protect the individuals against the violation of their privacy by the processing of “personal data”. Personal Data refers to any information related to an identified or identifiable natural person whilst an identifiable person is one who can be identified, either directly or indirectly.

Breaches of particular provisions of this Act may lead to criminal penalties which vary from fines of €120 up to €23,300 and imprisonment of not more than six months. These penalties may vary and depend on the provision of the Act being breached. Other breaches of the Act may result in administrative fines, which can vary from one-time fines of up to €23,300 and daily fines of up to €2,500, depending again on the provisions of the Act being breached.

The Office of the Information and Data Protection Commissioner provides individuals with their right to data protection against the violation of their privacy by the processing of personal data, as well as, to facilitate the right to access information held by public authorities to promote added transparency and accountability in government. Any individual may seek legal remedy in the case of a breach of privacy rights by lodging a complaint with the Data Protection Commissioner. 

 Within the EU, the legislation is largely harmonized through EU Directive 95/46/EC of the European Parliament and the Council on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data (the “Data Protection Directive”), transposed into Maltese law through the Maltese Data Protection Act. In this respect, common EU rules have been established to ensure that your personal data enjoys a high standard of protection everywhere in the EU.

Regulatory Compliance Information systems and communication technology have become the backbone of most modern businesses. While this has allowed businesses to become more efficient and to maximise the use of data collected by them about their clients, it also lends itself to a number of legal obligations.  

Valletta Legal can assist your business venture into eCommerce, while ensuring that your organisaton complies with all regulatory obligations. We offer a whole range of consultancy and advisory services related to Information and Communication Technology (ICT), Data Protection and E-commerce, which include:

• Compliance with Regulatory Obligations
• Data Protection Compliance and Issue Resolution
• Information and Communication Technology
• Information Systems