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Editorial

DOING BUSINESS IN MALTA

Contributed by Chetcuti Cauchi Advocates

Located at crossroads between Europe and North Africa, the island of Malta is just a 2 hour flight away from most European Capitals. The official languages are Maltese and English; Maltese being a language of Semitic origin, although bearing traces of the influence of centuries of successive foreign European invaders. Day to day business in Malta is conducted in English, with official documentation and regulations also being in English.

As a full member of the European Union, Malta has successfully adopted the region’s common currency in 2008, increasing the country’s attractiveness for trade as a result of joint monetary policies. In 2007, Malta became a part of the Schengen Area, enabling citizens to travel freely across the Area made up of 26 countries.

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Legal Developments in Malta

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Employers Beware before ‘Spying’ on Employees!

    Bosses have limited rights to monitor employees’ private correspondence. Landmark judgement delivered by the Grand Chamber of the European Court of Human Rights in relation to monitoring of employees’ communications.
  • Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data

    On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") ​[1] . This authoritative document complements previous WP29 publications on similar issues ​​​​​[2] . The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the present Data Protection Act [3]​​​​​​​​​​​​​​​​​​​​ – as well as the EU General Data Protection Regulation ("GDPR") that will enter into force on 25 May 2018 . The GDPR will repeal and replace Directive 95/46/EC and the Maltese Data Protection Act ("DPA") on such date.
  • The ECB’s Fitness and Properness Test: The Assessment Process

    In May 2017, the European Central Bank ("ECB") published a list of guidelines which gave a compressive overview of the practices and procedures applied by it when assessing the suitability of members of the management bodies of Significant Institutions ("SIs") as well as trying to harmonize national rules of all Member States in relation to the fit and proper assessment. 
  • Can your IP disclose your ID?

    An “IP”, or “internet protocol” is a unique series of numbers allocated to each and every device connected to a network, including and most notable the internet. Similar to your physical  home address to which postal articles are addressed and delivered, internet traffic is delivered to your computer’s address i.e. your IP address.
  • Leave for medically assisted procreation

    The recent Legal Notice No. 156 of 2017 (“Leave for Medically Assisted Procreation National Standard Order 2017”) has laid down minimum requirements designed to grant a period of paid leave to employees who undergo the process of medically assisted procreation (hereinafter referred to as the “leave”) whether in Malta or outside Malta.
  • When Paid Leave and Sick Leave Collide

    As stated by the European Court of Justice (“ECJ”), the right of employees to paid annual leave is a “particularly important principle of the European Union social law” which cannot be derogated from the competent local authorities or practices, such as collective agreements, and whose implementation by the said authorities or practices must not fall short of the minimum requirements imposed by European law.
  • Investing in Malta- A Property Almanac

    Malta has long gained a reputation for a high standard of living with a Mediterranean flair. With the introduction of various programmes related to the attainment of citizenship or residency , many foreign investors have eyed the island as an ideal European solution for immigration purposes with vast potential for stable investment in real estate. In this article Dr Maria Chetcuti Cauchi presents an analysis of the real estate market and laws through 2015 and 2016, with a view of giving an exposition of the process for property acquisition and resale.
  • EU VAT on Yacht solutions

    The yachting industry sails across a dynamic regulatory environment, increasingly leading to more paperwork, administration, checks and procedures.  In this context, and considering that yachts are generally a leisure escape, yacht owners are constantly looking for straight forward solutions that allow them to sail their yachts worry-free.  Malta has been at the forefront in providing such solutions and finding a balance between what are usually deemed two opposing needs: those of proper regulation and application of procedures on the one hand, and enjoyment of the yacht without unnecessary and unwarranted restrictions, on the other.   
  • NAIF - an AIFMD-Compliant Fund with quick access to the market

    Since the advent of the Alternative Investment Fund Managers Directive (‘AIFMD’), fund managers have been facing a double regulatory burden as a result of having both fund managers and funds subject to prudential regulation which led to overlapping and possibly inconsistent regulatory requirements affecting funds.
  • Malta Stock Exchange: European capital raising now easier for SMEs

    While larger enterprises often steal the limelight, small and medium-sized enterprises (SMEs), very often being family businesses, make up the very backbone of most economies, with SMEs constituting the vast majority of companies within the EU. In Malta, 99.9% of Maltese companies are classified as SMEs, with 4.8% classified as small to medium enterprises and 95.1% classified as micro organisations.

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