Chetcuti Cauchi Advocates

Summary Private Trust Companies (PTCs) offer families and high-net-worth individuals a tailored solution for trust administration. Malta’s regulated yet accessible framework allows settlors to appoint trusted individuals - often family members - as directors, ensuring control, confidentiality, and continuity. This publication outlines the legal basis, structure, benefits, and practical considerations of setting up a PTC in Malta. Key Legal Points Legal and Regulatory Framework Governing Private Trust Companies in Malta Governance, Compliance, and Director Obligations in Maltese Private Trust Companies Comparative Legal Analysis: Malta Private Trust Companies vs Traditional Trust Structures What is a Private Trust Company? The concept of a Private Trust Company (PTC) is relatively new to Maltese legislation, formally introduced into Maltese law in 2014 under the Trusts and Trustees Act. It has created a clear legal framework for families to establish their own trustee company. This development builds on Malta’s long-standing trust tradition, offering a modern and flexible alternative to professional trustees within a regulated environment. A Private Trust Company is a limited liability company established to act as trustee for one or more family trusts, allowing settlors to appoint trusted individuals - often family members or advisors - as directors. This structure preserves the core trust relationship between settlor, trustee, and beneficiary, while introducing a formal corporate entity to administer the trust. A PTC enables the creation of a legal entity that holds and administers trust property for the benefit of others, with the following key roles: The Settlor: The individual who establishes the trust and contributes the assets to be held by the PTC. The PTC (Trustee): A corporate entity that holds legal title to the trust property and administers it according to the trust deed and fiduciary obligations. The Beneficiary: The person entitled to benefit from the trust, either through a vested right or at the discretion of the trustee. The trust deed remains central to the structure, outlining the responsibilities of the PTC and the rights of the beneficiaries. Setting up a Malta Private Trust Company With the legal framework in place, families can proceed to establish a Private Trust Company in Malta by considering key governance, regulatory, and succession factors such as: Control Over Trust Administration:Appoint family members or advisors as directors to have a say in the decisions affecting the family trusts. Confidentiality and Privacy:Enhance privacy by retaining mainly the family as being involved in trust management. Cost Efficiency:Avoid recurring trustee fees with a tailored, long-term solution. Succession Planning and Continuity:Ensure structured wealth transfer and administrative stability. Regulatory Simplicity:Operate through recognition without the need for a full MFSA authorisation under clear rules. Integration with Family Offices:Consolidate governance and asset management under one structure. The advantages of a Malta Private Trust Company A Malta Private Trust Company offers families direct control over trust decisions, cost savings, enhanced privacy, and a streamlined setup process - often completed within two months. Operating under a clear regulatory framework, it provides a more flexible alternative to other trustee arrangements. While the benefits are substantial, families should be aware of the need to appoint qualified directors (including a trust expert), maintain compliance with MFSA rules, and manage the administrative responsibilities of a corporate entity. Private Trust Company vs Professional/Traditional Trustee Trustee Private Trust Company: Family-controlled company Traditional Trust: Licensed professional trustee Control Private Trust Company: High Traditional Trust: Limited Cost Private Trust Company: Lower long-term (after setup) Traditional Trust: Higher due to ongoing trustee fees Setup Private Trust Company: 2 months Traditional Trust: Immediate Regulation Private Trust Company: MFSA registration only Traditional Trust: Full MFSA authorisation required Malta’s Private Trust Company framework empowers families to manage their trusts with autonomy, privacy, and long-term vision. With a clear legal structure and minimal regulatory burden, PTCs offer a compelling alternative to traditional trustees - ideal for those seeking a bespoke, family-led approach to wealth and succession planning. For tailored advice on setting up a PTC in Malta, contact our Corporate & Trust Services team. Our Trust Practice Our Malta trust lawyers play a crucial role in helping our clients establish and manage trusts effectively, ensuring asset protection, tax efficiency, and smooth succession planning. Our team of family trust lawyers has extensive experience setting up family trusts in Malta and, through its multidisciplinary setup, provides the full spectrum of legal, tax, compliance and family office advisory services that are critical to the effective operation of family trusts. We typically assist clients with the following: Setting up companies to act as the PTC: Advise on the setup and operation of Malta companies operating as PTCs. Legal Advice: Advise on the requirements and the steps of recognition process and ongoing obligations for PTCs. Setting up trusts: Drafting trust deeds, appointing trustees, and ensuring compliance with Maltese trust law. Asset protection: Advising clients on how to protect their assets from potential creditors, tax liabilities, and other risks. Estate planning: Helping clients structure their assets to minimize inheritance tax and ensure a smooth transfer of wealth to beneficiaries. Tax planning: Identifying and implementing tax-efficient strategies for trust assets, including capital gains tax, income tax, and inheritance tax. Administration and management: Providing ongoing administrative and management services for trusts, including record-keeping, financial reporting, and compliance with regulatory requirements. Litigation and dispute resolution: Representing clients in legal proceedings related to trusts, such as disputes between beneficiaries or challenges to the validity of a trust. Our trust lawyers actively participate in Malta trust law developments and in the public-private efforts to keep developing Malta as a foremost trust jurisdiction. Our Senior partners Dr Priscilla Mifsud-Parker and Dr Jean-Philippe Chetcuti have served as chairpersons to the Malta branch of STEP, the Society of Trust & Estate Practitioners. Dr Priscilla Mifsud-Parker continues serving the Malta branch of STEP as Technical Chair. Published: 23 July 2025 Author: Joanna Waszewska

Summary Malta is home to one of the world’s largest production facilities, providing a distinctive setting for films and productions. In addition to its appeal as a filming location, Malta offers a range of financial incentives that deliver vital support to the film industry. Key Legal Points Copyright protection for artistic film creations Fair use in film productions Moral and economic rights of authors and producers Brand protection for production companies Malta’s Film Industry Over the past decade, Malta has experienced a significant surge in film productions. During the national conference organized by the Malta Film Commission in June of this year, it was reported that the film industry has brought 169 productions in Malta in only 7 years, with a total budget of €635 million.  These figures demonstrate how the film industry in Malta has thrived and plays a role across various industries.  However, Intellectual Property (IP) rights, in return, play a key role in helping producers secure the funding needed to launch film projects. Copyright in Film Article 3(1) of the Copyright Act provides copyright protection for artistic creations such as literary, musical, and audiovisual works. In the film industry, copyright is the most significant form of IP protection, as it ensures that creative works cannot be used without the creator’s consent. For instance, producers, who play a central role in initiating film projects, are typically involved in negotiating various IP-related agreements. These agreements cover how contributions from different individuals involved in the production are managed and protected. Eligible works are automatically protected by copyright without the need for registration. This means that as soon as they are created, elements such as artistic screenplays, cinematographic works, soundtracks, film scripts, and broadcasting scripts are legally recognized as copyrighted under Maltese law. A clear example of the effects of copyright law in film is demonstrated by one of the oldest legal battles between Bram Stoker’s ‘Dracula’ and the original ‘Nosferatu’. Despite the changes made to several key elements of the story in Nosferatu, the parallels between the two movies were undeniable and resulted in courts ordering all copies of the 1922 film to be destroyed. The Implications of Fair Use in Film Productions Fair use is a legal principle that permits the limited use of copyrighted material without needing permission from the rights holder. In the context of film production, it can be an important resource for filmmakers, allowing them to include existing works for purposes like criticism, commentary, or parody. When relying on fair use, filmmakers must carefully evaluate several key factors, such as the purpose of the use, the nature of the original work, the amount of content used, and the potential impact on the original work’s market value. Nonetheless, fair use is not a guaranteed defense and can be open to interpretation. Misjudging its application may lead to legal challenges that could disrupt or even stop a production. As such, a solid understanding of intellectual property issues is crucial to ensure compliance and avoid infringing on others’ rights. Perhaps the most appropriate example of fair use is the making of documentaries or biographies, which have become more popular in recent years particularly with streaming platforms such as Netflix. For example, a 41 second clip of a boxing match in a movie biography of Muhammad Ali was deemed fair use, given the limited portion use and its informational nature. Most fair use cases in feature films have, however, focused on the minimal use of copyright works, such as a famous line from the novelist William Faulkner paraphrased in the Oscar winning film ‘Midnight in Paris’. The courts lean towards considering the minimal impact such minor use of copyright works has on the copyright holder. In essence, fair use is about striking a balance between fostering creative freedom and respecting intellectual property rights. For filmmakers, understanding how this doctrine applies is essential to navigating the legal landscape of film production responsibly. Rights of Authors and Producers In film productions, authors and producers hold specific rights that ensure their original works are recognised and protected. These rights are rooted in intellectual property laws, which clearly define the roles and entitlements of the various contributors involved in the creative process. A solid understanding of these rights is essential for effectively managing IP issues throughout a film's development and distribution. Under Maltese law, copyright grants both moral and economic rights to creators. Moral rights give authors the right to be recognised as the creator of their work, including the right to have their name clearly attributed, and to object to any derogatory treatment of their work, such as distortion, mutilation, or modification, which could harm their honour or reputation. Economic rights relate to the commercial use of work. These include the rights to permit or restrict reproduction, distribution, broadcasting, public performance, and other forms of exploitation. Trademark Protection for Production Companies Trademarks in Malta are governed by the Trademarks Act, providing production companies with several important legal benefits such as nationwide priority over others who may attempt to use the same or a similar mark, reduced enforcement costs, and stronger protection. Trademark protection in film can be extended to: Logos and branding Franchise names Merchandising elements Like other businesses, production studios use trademarks to distinguish themselves, with iconic logos like those of 20th Century Fox and Disney serving as prime examples. Trademarks play a vital role in the branding and commercial success of film franchises. Elements such as character names, film titles, signature phrases, and logos can all be protected under trademark law as in the case of Star Wars, Harry Potter, and James Bond (007). Registering these marks grants exclusive rights that are essential for activities like merchandising, licensing deals, theme park attractions, and video games. To protect their intellectual property globally, studios often register trademarks in multiple jurisdictions to prevent unauthorized use in international markets. Film production companies looking to produce a film or TV series in Malta have the option to register their brand as a Maltese trademark. Notably, actual use or an intent to use the trademark is not required at the time of registration. However, once registered, the trademark owner has a five-year grace period to begin genuine use of the mark in Malta, for example through the production of films in Malta. How we can help Our intellectual property and media expertise allow us to offer comprehensive guidance to film companies on effectively managing their intellectual property (IP) assets throughout all stages of production and distribution. We assist clients in identifying which elements of their productions—such as scripts, characters, logos, soundtracks, and promotional materials—qualify for IP protection and how best to secure and enforce those rights both locally and internationally. In addition to strategic advice, we provide support in drafting, reviewing, and negotiating a wide range of contracts and licenses. Published: 4 July 2025 Author: Michela Noelle Seychell & Danielle Mercieca

Summary For startups, brand protection, product designs, and innovations is essential—but it can also be expensive. That’s where the EUIPO SME Fund 2025 comes in. This initiative offers financial support to help small and medium-sized enterprises (SMEs) in the EU and Ukraine secure their intellectual property (IP) rights. The SME Fund in a Nutshell The SME Fund, funded by the European Commission and implemented  by the European Union Intellectual Property Office (EUIPO), is designed to provide targeted financial assistance to SMEs within the European Union. This initiative aims to enhance the capacity of SMEs to register and manage IP assets, including patents, trademarks, designs, and plant varieties. The Ideas Powered for Business SME Fund is a grant program aimed at helping SMEs within the EU safeguard their IP rights. The fund was relaunched on the 3rd of February 2025, and it offers up to a maximum of €7,050 per SME in vouchers to support IP protection. Having been active since 2023, the fund steadily gained popularity as SMEs came to appreciate how straightforward the application process is and how much value could be derived from the resulting IP rights. Eligibility Criteria The European Commission defines SMEs based on the number of employees and either turnover or balance sheet. For eligibility, companies must not employ more than 250 employees and have an annual turnover not exceeding €50 million or an annual balance sheet total not exceeding €43 million. To support these businesses in protecting their IP rights, the SME Fund operates a voucher-based reimbursement system that streamlines financial support for IP-related expenses. The IP Scan The IP Scan service delivers personalized support to SMEs by identifying and assessing their intangible assets. It offers strategic guidance on how to incorporate IP protection into their overall business development plans, enabling SMEs to make the most of their intellectual property and use it as a driver for growth. This is not available in all member states. The Trademark and Design Registration Fund This is the most relevant voucher for startups. It covers up to 75% of the fees for applying for trademarks and designs at the EU, national, or regional level. This includes: Application fees Additional class fees Examination, registration, and publication fees Deferment of publication (for designs) Startups can also receive 50% reimbursement for international trademark and design applications filed through the World Intellectual Property Organization (WIPO)—though this does not apply to Ukrainian applicants. This voucher is ideal for startups looking to protect their brand identity, logos, product packaging, or innovative designs. It can cover up to €700 per business, making it a cost-effective way to secure valuable IP rights early in your growth journey. Community Plant Varieties The voucher supports businesses involved in agriculture or biotechnology. It covers up to €1,500 for the online application and examination fees of plant varieties protected under the EU system. While this may not apply to most tech startups, it’s highly relevant for agri-tech or biotech ventures. Why IP Matters for Startups Intellectual property (IP) is more than just legal protection—it’s a strategic asset that can drive growth, attract investment, and boost competitiveness. According to a 2025 joint study by the EUIPO and the European Patent Office, SMEs that own IP rights generate 44% more revenue per employee and pay 43% higher wages than those without IP portfolios. Despite these clear benefits, fewer than 10% of European SMEs currently hold any form of registered IP, such as trademarks, patents, or designs  . For startups in Malta and across the EU, this highlights a major opportunity: securing IP early can significantly enhance your business performance and long-term value. What this means for you The SME Fund offers valuable financial support to help small and medium-sized enterprises protect their intellectual property. If you're an SME based in the EU, you may be eligible for reimbursement on costs related to registering trademarks, designs, and patents at both the national and EU levels. The fund also covers part of the fees for professional representation when preparing and filing European patent applications. Successful applicants receive a voucher, which can be used to register IP through the appropriate bodies, such as national IP offices, the EUIPO, or the European Patent Office, before claiming reimbursement. Applications are reviewed regularly, but since the funds are capped, they are allocated on a first-come, first-served basis. How we can help By delivering expert legal, administrative, and strategic support, our team will enable SMEs to effectively navigate the complexities of applying for the SME Fund. This service not only makes it easier for SMEs to get funding but also helps them build a stronger foundation for future growth. Published: 14 July 2025 Author: Michela Noelle Seychell & Susanna Grech Deguara

Summary A disabled Facebook Business account can cause an immediate halt to advertising, e-commerce, and client engagement. For many professionals and digital businesses, this platform is mission-critical. This publication outlines the legal, reputational, and strategic issues raised by Meta suspensions—and explores what business owners and creators can do to safeguard their accounts and recover access through structured, professional support. Why Facebook Disables Business Accounts Meta (Facebook) may disable or restrict business accounts for reasons ranging from suspected policy breaches to algorithmic flags. Common causes include: Perceived violations of advertising policies Unverified business information Unusual activity or login patterns Content flagged as misleading, offensive, or non-compliant The problem? Many of these actions are automated and lack a clear explanation—leaving professionals in the dark. Immediate Impact on Your Business Disabling your Facebook Business account can lead to: Lost access to Ad Manager and campaign data Inability to respond to customer messages or manage the business page Sudden drop in sales, lead generation, or appointment bookings Breach of sponsorship or advertising contracts for creators and influencers Legal and Strategic Considerations While Meta’s platforms are governed by private terms of service, these terms must comply with broader legal standards. In particular, the lack of transparency and accountability in Meta’s enforcement mechanisms raises issues such as: Due process and procedural fairness Proportionality of enforcement Data protection and business continuity rights Our firm advises clients on legal avenues that go beyond the standard “appeal” buttons—always working within the bounds of national and international law. What Disabled Facebook Account Managers Should Do Collect documentation (emails, notices, screenshots, ad account history. Review your business's compliance with Meta's Terms of Service and Advertising Standards. Engage a legal team that understands digital platform governance. What Blocked Facebook Account Holders Shouldn’t Do Create duplicate accounts—this can aggravate the situation. Respond emotionally or inconsistently to Meta’s automated appeals system. Assume the problem will resolve itself. How our IT Lawyers can Help At Chetcuti Cauchi Advocates, we provide confidential legal and strategic support to: Assess your suspension in the broader context of digital rights and reputational risk Prepare structured and credible representations to Meta’s legal or platform integrity teams Support reputation and communications management with stakeholders and partners Implement governance changes to prevent future enforcement We do not offer shortcuts or informal “unblocking” services. Instead, we provide a compliant, professional, and effective process grounded in experience and discretion. A Future-Proofed Approach to Social Media Platform Risk We also assist in reviewing your business's digital operations to help: Improve social media platform compliance (ads, content, disclosures, data usage) Reduce the likelihood of future bans Develop contingency plans across Meta and non-Meta platforms Published: 20 July 2025 Author: Danielle Mercieca & Jean-Philippe Chetcuti

Summary As the European Union’s landmark AI Act nears its enforcement date of 2 August 2025, the European Commission has released long-awaited guidelines clarifying the scope of obligations for providers of general-purpose AI (GPAI) models. These guidelines are a critical step in ensuring legal certainty and operational readiness across the AI ecosystem. Key Legal Points Key obligations for GPAI Providers placing GPAI models on the EU market Implications for non-EU GPAI Providers making models accessible in the EU Exemptions and Open-Source Considerations Strategic Implications for GPAI Providers Understanding GPAI Models According to Article 3(36) of the AI Act, GPAI models are defined as systems trained with significant computational resources and data capable of generating a wide range of content, including text, images, audio, and video. These models are not tailored to a single task but can be adapted for diverse applications, making them central to the AI value chain. The guidelines put forward a threshold for determining whether an AI model is a GPAI model, based on the amount of computational resources used to train the model measured in FLOP which means how many math calculations it can do every second. Key Obligations for GPAI Providers The guidelines make clear that the obligations apply to any provider placing GPAI models on the EU market, regardless of whether they are physically established in the EU. This extraterritorial scope reflects the EU’s ambition to shape global AI governance. The AI Act introduces a tiered framework of obligations based on the risk and impact of AI systems. For GPAI providers, the guidelines serve as a clearer indication of the core responsibilities. As Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy remarked: “With today's guidelines, the Commission supports the smooth and effective application of the AI Act. By providing legal certainty on the scope of the AI Act obligations for general-purpose AI providers, we are helping AI actors, from start-ups to major developers, to innovate with confidence, while ensuring their models are safe, transparent, and aligned with European values.”  GPAI providers must observe the following core responsibilities: Transparency: Providers must disclose that users are interacting with AI and ensure that AI-generated content is clearly labelled. This includes watermarking or other technical means to identify synthetic content. Technical Documentation: Providers must maintain detailed documentation on the model’s architecture, training data, and performance metrics. This is essential for downstream deployers to assess compliance with the AI Act. Copyright Compliance: Providers must implement policies to respect EU copyright law, including mechanisms to identify and remove infringing content from training datasets. Systemic Risk Mitigation: For GPAI models deemed to pose systemic risks—due to their scale, capabilities, or potential for misuse—providers must conduct risk assessments and implement mitigation strategies. This includes monitoring for harmful outputs and ensuring human oversight.‍ Exemptions and Open-Source Considerations The guidelines also address and clarify further the treatment of open-source GPAI models under the AI Act. While open-source distribution does not automatically exempt a provider from obligations, models released under open licences may benefit from reduced requirements if they meet certain transparency and safety conditions. This nuanced approach aims to balance innovation and accountability, recognising the value of open-source contributions while safeguarding against misuse. Strategic Implications for GPAI Providers The publication of these guidelines signals a shift from legal principle to practice. Providers must now move swiftly to align their operations with the AI Act’s requirements. This includes: Reviewing and updating technical documentation. Implementing robust transparency and labelling mechanisms. Preparing for potential audits and enforcement actions. Engaging with the General-Purpose AI Code of Practice, a voluntary framework that can serve as a compliance benchmark. For non-EU providers, the message is clear: if your model is accessible in the EU, you are within scope. This underscores the importance of cross-border legal readiness and proactive engagement with EU regulators. What Should Providers Do Now? With the clock ticking, GPAI providers would do well to prepare for compliance by: Conducting a compliance gap analysis against the AI Act and the new guidelines. Establishing internal governance structures to oversee AI risk management. Engaging legal and technical experts to ensure documentation and transparency obligations are met. Monitoring developments around the Code of Practice and consider early adoption. Communicating with downstream deployers to clarify shared responsibilities. The EU’s AI Act represents a bold experiment in regulating frontier technologies. These new guidelines provide much-needed clarity for GPAI providers and mark a pivotal moment in the global conversation on trustworthy AI. How we can help Our technology lawyers combine their technical knowledge with legal expertise, to serve clients holistically in the adoption and implementation of AI systems. We firmly believe in the opportunities and benefits that AI creates. We guide first movers in the AI industry to adopt AI confidently and in a compliant manner. Reach out to us to adopt AI confidently in your business. ‍Published: 29 July 2025 Author: Danielle Mercieca

Summary This article provides an in-depth analysis of the legal and policy changes recently introduced at the EU level and assesses the impact of such reforms on individuals holding or pursuing Caribbean citizenship. It also considers alternative legal pathways for securing Schengen access through robust and sustainable residence frameworks, with a particular focus on the Malta Permanent Residence Programme (MPRP). Key Legal Issues The global mobility landscape is undergoing a significant overhaul. Long viewed as giving access to international travel, Caribbean citizenship by investment (CBI) programmes are now facing intense scrutiny from the UK, the USA and European institutions. In particular, the European Union has moved decisively towards tightening visa rules in an effort to better regulate access to the Schengen Area. These developments come as part of broader legislative reforms that significantly impact both existing Caribbean passport holders and prospective applicants. The US has also included four countries in the Caribbean which offer citizenship through investment in a travel ban memorandum. Antigua and Barbuda, Dominica, St. Kitts and Nevis, and St. Lucia are named in the memorandum. The memo outlines several benchmarks that, according to the administration, these countries are not meeting, chief among them being the offer of citizenship in exchange for financial investment without any genuine link and residency requirement. Legislative Reform at the EU Level: The Updated Visa Suspension Mechanism In April 2025, the Council of the European Union and the European Parliament reached a provisional agreement on a legislative amendment that revises the EU's visa suspension mechanism, originally introduced in 2013. The amended regulation is intended to strengthen the EU’s capacity to respond when visa-free travel arrangements are abused or when they conflict with the interests of the Union. Key among the new grounds for suspension is the operation of citizenship programmes which confer nationality without requiring a genuine link to the country, in exchange for fixed financial contributions. The amendment empowers the EU to temporarily suspend visa-free travel for countries that maintain such schemes and, where circumstances remain unremedied, to proceed with permanent revocation. Other grounds for suspension include: - A third country’s failure to align its visa policy with that of the EU; - Document security vulnerabilities and hybrid threats; - A deterioration in bilateral relations, particularly in areas relating to human rights and the rule of law; - An increase in asylum applications or overstays from nationals of the concerned country. The revised mechanism will now allow an initial visa suspension period of 12 months, with a possible extension of up to 24 additional months, longer than the previous maximum duration. The Polish Minister for Foreign Affairs, Mr Radoslaw Sikorsi held: “Visa-free travel to the EU benefits foreign citizens and the EU alike. But if citizens of third countries abuse this advantage, the EU must have all necessary tools in place to correct thesituation.” The Direct Impact on Caribbean CBI Programmes For several years, Caribbean citizenship by investment programmes offered visa-free access to a number of high-demand jurisdictions, including the United Kingdom, Canada, and the Schengen Area. These benefits made Caribbean citizenship an attractive mobility tool for global investors, particularly those from regions affected by instability or visa constraints. However, from 2023 onward, various jurisdictions began to revoke or review their visa-exemption agreements with Caribbean states. The UK and Canada led the way, citing security and due diligence concerns, including insufficient transparency in the vetting of applicants and a lack of ongoing monitoring post-naturalisation in Dominica. While Schengen access had remained intact, the new EU framework signals a firm intention to restrict such privileges where investor citizenship schemes are deemed incompatible with EU values or security interests. This policy shift substantially reduces the utility of Caribbean passports for visa-free travel within Europe and raises questions about the long-term sustainability of CBI-based mobility strategies. Legal and Strategic Implications for Investors These developments present challenges for investors and global citizens who have acquired or were considering acquiring a second citizenship through citizenship by investment in the Caribbean. From a legal perspective, the loss of visa-free rights reconfigures the substantive value of such citizenships. It may also create reputational risks, especially in jurisdictions that view the acquisition of citizenship without residency as incompatible with public policy. The broader international context is equally relevant. Increasing geopolitical tension, rising demands for international regulatory alignment, and mounting pressure from bodies such as the European Commission and the OECD have all contributed to a more restrictive environment. In such a climate, investor migration programmes that lack EU regulatory alignment may come under further pressure. What is the Schengen Area? The Schengen Area is a zone of 29 European countries that have abolished internal border controls, allowing for passport-free movement between member states. Non-EU nationals who are granted permanent residence in Malta under the Malta Permanent Residence Programme (MPRP) enjoy visa-free travel within the Schengen Area for up to 90 days in any 180-day period. This facilitates seamless short-term travel across most of Europe for business or leisure, without the need for separate visas. As of 2025, the Schengen Area comprises the following 29 countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. Bulgaria and Romania officially joined the Schengen Area in 2025, expanding the zone’s reach and accessibility. A Structured and Compliant Alternative: The Malta Permanent Residence Programme Against this background, the Malta Permanent Residence Programme (MPRP) stands out as a stable, EU-compliant pathway for acquiring permanent residence and Schengen access. Unlike CBI programmes, Malta's MPRP is a residence route that confers permanent residence rights but not citizenship. Malta is a member of both the European Union and the Schengen Area, and has long maintained a strong rule of law, sound financial governance, and political stability. Its legal system is based on the civil law tradition, with a strong British common law influence in commercial and administrative matters. The country has a track record of regulatory compliance, including active participation in OECD and EU-level financial crime prevention frameworks. Under the MPRP, successful applicants and their eligible family members are granted permanent residence status in Malta and visa-free access to the Schengen Area for up to 90 days within any 180-day period. Legal Requirements of the MPRP To obtain permanent residence under the MPRP, applicants must satisfy a number of cumulative legal and financial requirements: Government Contribution: Applicants must pay a one-time contribution of €110,000 if leasing a property or €80,000 if purchasing a qualifying property. An additional fee of €10,000 applies for each dependent. Property Requirement: Applicants must lease a property in Malta with a minimum annual rent of €14,000 or purchase a property with a minimum value of €375,000. The property must be retained for at least five years. In order for the residence card to be renewed, the applicant must always have a property (rented or purchased) in Malta. Philanthropic Donation: A mandatory contribution of €2,000 must be made to a Maltese-registered philanthropic, cultural, scientific, animal welfare, artistic, or sports NGO. Wealth Threshold: Applicants must declare and prove possession of assets of at least €500,000, of which a minimum of €150,000 must be held in financial assets. Alternatively, they may declare €650,000 in total assets, with at least €75,000 held as financial assets. Applicants must also demonstrate good conduct, submit to rigorous due diligence checks, and show that they have stable and regular resources to support themselves and their dependents. Benefits of obtaining residence in Malta The MPRP reflects a model of residence by investment that emphasizes due diligence and transparency. It adheres to AML/CFT standards and ensures origin of funds verification, and disclosure of assets. The MPRP offers a number of advantages for individuals and families seeking long-term residency in Malta: Lifetime Residency for the main applicant and qualifying family members Single Application for the Whole Family, streamlining the process Inclusion of Unmarried, Financially Dependent Children up to age 28 Inclusion of Financially Dependent Parents and Grandparents Retention of PR Status by Children, even if they marry or start working after approval Future Family Rights, allowing children who obtain PR with the main applicant to extend PR to their own spouse and children in the future Immediate Permanent Residence granted upon approval Visa-Free Travel Across the Schengen Area No Physical Presence Requirement or Language Test Investment Required Only After Approval, reducing upfront financial risk How can we Assist? Our award-winning Immigration & Relocation Law practice is Malta’s longest-standing specialised immigration law team. Over the years, we’ve guided hundreds of clients, from expatriate retirees to high-net-worth individuals listed in the Fortune 500, on their journey to relocate to Malta. We proudly promote Malta as a prime destination for investment and relocation, underpinned by the country’s long-standing traditions of hospitality and cultural diversity. Our team provides comprehensive legal and tax advice tailored to the specific residence programme that best suits your circumstances. We offer clear guidance on eligibility, procedural requirements, and expected timelines. In addition to legal support, we assist with all practical aspects of relocation, including transportation, insurance, education, and healthcare. Our Senior Partner, Dr Priscilla Mifsud Parker, a Licensed Agent under the Malta Permanent Residence Programme (MPRP), holds licence number AKM-ACCA. Get in touch with us today. Published: 18 June 2025 Author: Antoine Saliba Haig

Summary A series of cyber-attacks targeted some of the world’s most prestigious luxury brands, compromising customer data and putting brand trust to the test. French fashion house Dior and jeweler Cartier both suffered data breaches, joining a growing list of high-end retailers hit by cyber-attacks this year. These incidents underscore the importance of robust cybersecurity and transparent client communication in the luxury sector. Key Legal Points Effective and transparent communication with customers Timing of data breach notifications to customers Notifications to data protection authorities Security risk assessments and implementing data protection policies Establishing clear incident response protocols The Breaches in a Nutshell Dior’s breach was discovered on May 7, 2025, and affected customers across several regions. The unauthorized party accessed sensitive information from the Dior Fashion & Accessories client database. Compromised data included personal identifiers and contact details, such as full names, email addresses, phone numbers, postal addresses, and purchase history, but no financial information such as credit card or bank details was accessed. Just a few weeks after the cyber-attack on Dior, French luxury jeweler Cartier disclosed a data breach in June 2025. In a letter sent directly to affected clients, Cartier revealed that an unauthorized party gained temporary access to its IT system, acquiring limited customer data. Specifically, the breach exposed customers’ names, email addresses, and country of residence. No passwords, credit card numbers, or other financial details were compromised, according to the company’s notice. Cyber Attacks Timeline May 7, 2025: Dior breach discovered, involving unauthorized access to customer data. May 29, 2025: Victoria’s Secret experiences a cyber incident affecting its operations. June 2, 2025: Cartier breach disclosed, with client data compromised. June 3, 2025: The North Face reports a credential-stuffing attack impacting customer accounts. May 2025: Additional companies such as Tiffany & Co. and Marks & Spencerare reportedly targeted by hackers. A Wider Trend of Cyber-attacks in Retail Cybersecurity analysts note a pattern of threat actors shifting focus toward high-end retail companies, attracted by the rich customer data and the high stakes involved. Luxury brands trade heavily on customer trust and exclusivity, so a breach can have an outsized reputation compared to non-luxury retailers. The trend can be considered as a wake-up call: no company, no matter how prestigious, is immune from cyber risk. It also underscores that all retail companies must be prepared to handle data breaches professionally, as the luxury sector becomes a prime target for cybercriminals. Legal Analysis Effective Communication One key lesson from these incidents is the importance of effective client communication when a breach occurs. Where the breach poses a high risk to affected individuals, Article 34 of the GDPR mandates companies communicate the breach directly and promptly to their customers. These luxury brands have responded by adopting clear, timely communication strategies to maintain trust. Companies have prioritized prompt notification, reaching out quickly to affected customers via email or official letters as soon as the breach was confirmed. This proactive approach ensures that clients receive information directly from the source. Both Dior and Cartier went a step further by providing advice and support to their clients. Their communications included guidance on protecting themselves, urging clients to be vigilant and avoid falling for phishing emails that could misuse their personal data.  By offering advice, these companies empowered their customers to mitigate potential follow-on fraud. Transparency with Clients Notifications from Dior and Cartier specifically outlined what information was exposed, while also reassuring customers about what remained safe, particularly financial credentials. This transparency helps prevent misinformation and demonstrates the company's commitment to accountability. Detailed communications ensure legal compliance with Article 34(3) of the GDPR, specifically communications using clear and simple language to explain the nature of the breach, its consequences, and the measures taken. If the controller fails to notify its customers, the supervisory authority may require them to do so. However, such non-compliance risks the authorities considering the omissions of the business when determining the quantity of fines to be imposed. Reporting Obligations Both luxury brands took steps to meet their legal reporting obligations, by notifying the respective data protection authorities.  Article 33(1) of the GDPR requires controllers to notify the breach to the appropriate supervisory authority within 72 hours of becoming aware of it, unless the breach is unlikely to result in a risk to their customers’ rights. Article 33(3) requires businesses not only to disclose the nature and scope of the breach, but also to outline the categories of data affected, the number of individuals impacted, and the measures taken or proposed for remediation. By adhering to these requirements, Dior and Cartier demonstrated their commitment to both regulatory compliance and the protection of their clients' personal data, reinforcing trust even in the wake of a security incident. Strategic Lessons for Businesses Security Risk Assessments Conducting thorough security risk assessments to identify vulnerabilities within a company’s systems and processes is crucial to identify and address security gaps. By proactively identifying potential weaknesses, preventive measures to reduce the likelihood of a breach and strengthen cybersecurity capabilities is the key to a business’ survival in today’s digital world. Data Protection Compliance Developing and implementing robust data protection reporting policies ensures business are adhering to their legal obligations under the GDPR. Providing employee training to staff on identifying common characteristics of phishing emails and social engineering tactics, which are often involved in security incidents, further strengthens a business’ cyber security posture. Incident Response Protocols As part of proactive cybersecurity measures, businesses must establish clear incident response protocols. Should a breach occur, having predefined procedures in place ensures that the business can act swiftly and effectively to contain the situation. Identifying key systems, key individuals and key steps in the immediate aftermath of a cyber attack may very well save a business’ reputation and operations. Our Cybersecurity Practice Given the rising threats, preventing breaches and preparing for incident response have become critical priorities for all businesses. Our expertise in cybersecurity and data protection plays a key role in assisting businesses in both proactive risk management and reactive incident handling. Our cybersecurity and data protection lawyers work closely to help businesses assess and prevent risks, establishing a strong foundation for data security. Published: 21 June 2025 Author: Michela Noelle Seychell & Danielle Mercieca

Preparing Legal Systems for the Next Tech Revolution The United Nations General Assembly has designated 2025 as the International Year of Quantum Science and Technology (IYoQST). This designation reflects a growing global recognition of the transformative potential of quantum technologies and the urgent need for thoughtful governance in the face of accelerating innovation and rising public interest. In this publication, we will delve deeper into quantum computing and its legal and regulatory effects, particularly focusing on quantum computing and law. Key Legal Points Intellectual Property (IP) Challenges: Complex nature of quantum algorithms and hardware Data Security Considerations: Risks to encrypted data Legal Risk Management: Legal safeguards including contractual updates tailored to quantum computing Quantum Computing in a Nutshell Quantum computing is an emergent field of computing science and engineering that leverages qualities of quantum mechanics to tackle problems that are currently beyond the ability of even the most advanced computers. Unlike regular computers that use tiny switches called bits—which can be either a 0 or a 1—quantum computers use special bits called qubits. Qubits are unique because they can be both 0 and 1 at the same time, thanks to strange effects in quantum physics like superposition and entanglement. These abilities let quantum computers solve certain problems much faster than even the most powerful traditional computers. Legal Implications of Quantum Computing Intellectual Property (IP) Challenges in Quantum Law Quantum computing is creating a new intellectual property frontier. Patenting of quantum algorithms and hardware is proving to be very challenging. Currently, mathematical formulas cannot be subject to a patent. Perhaps, it is ripe time to consider algorithms more than merely mathematical equations. Another problem is identifying and confirming the essential requirements of novelty, inventive step and industrial application. These algorithms use the principles of quantum mechanics for their design and implementation.  They rely on managing complex quantum states, which makes them hard to describe clearly. Since there’s no standard way to write them down, patenting these algorithms can be tricky and unclear.  The novelty and existence of an inventive step of the formulations to an examiner may be difficult to decide. It is also difficult to prove industrial applicability and potential for commercialization of the inventions. Many algorithms and systems are still theoretical or based on small scale testing. This makes it difficult to show real-world application and value. The Role of Law One key concern is balancing the protection of new ideas with the need to encourage further innovation through knowledge sharing. While patents can motivate investment by giving inventors exclusive rights, overly broad or restrictive patents might block others from entering the field or building on existing work. To tackle this, policymakers could consider updating patent laws to better fit the unique nature of quantum technologies. This might include creating standard ways to describe quantum inventions, setting clear guidelines for what qualifies for a patent, and invest in trained examiners with quantum expertise. Cybersecurity, DeFi, and Blockchain in Quantum Law The emergence of quantum computing presents serious legal challenges, especially in cybersecurity, decentralised finance (DeFi), and blockchain governance. Quantum computers could potentially break current encryption standards, leading to data breaches, financial fraud, identity theft, and regulatory violations. In decentralised systems like blockchain, the absence of a central authority complicates efforts to coordinate security updates or assign accountability if encryption is compromised. For businesses and Web3 projects, failing to address quantum threats could result in legal exposure. Entities handling sensitive data or digital assets—such as exchanges and payment platforms—may face lawsuits or regulatory penalties if they neglect to implement adequate protections. Legal claims could include negligence, breach of contract, or misrepresentation, particularly in jurisdictions that mandate reasonable safeguards against foreseeable risks. The rapid advancement of quantum computing poses a serious and multifaceted threat to current encryption systems. This section explores the potential impact of quantum on data security and outlines key legal and regulatory measures needed to safeguard information in the quantum era. Modern digital security relies heavily on public-key cryptography, which uses complex mathematical problems—such as factoring large numbers or solving discrete logarithms—that are practically impossible for classical computers to solve within a reasonable time. However, quantum computers could solve these problems efficiently, putting encrypted data at risk. The threat goes beyond immediate data breaches. Quantum computing also endangers forward secrecy—the principle that encrypted data remains secure over time. Data encrypted today and stored for the long term could be decrypted in the future once quantum capabilities mature, exposing sensitive information that was once considered secure. The concern of ‘harvest now-decrypt later’ is quickly becoming a reality in the quantum age. To address this, proactive legal frameworks and regulatory standards are essential to ensure long-term data protection in a post-quantum world. Current Regulatory Landscape The regulation of quantum technologies remains in its early stages. However, as the transformative potential—and associated risks—of quantum computing become clearer, governments and international bodies are beginning to act. Security and privacy concerns have prompted increased attention from policymakers. While comprehensive regulatory frameworks specific to quantum technologies are still under development, certain aspects are already addressed under existing laws. For instance, cybersecurity, data protection, and intellectual property regimes may apply to quantum-generated or quantum-processed data. The EU’s General Data Protection Regulation (GDPR), for example, could govern how quantum data is handled, while patent laws continue to protect innovations in quantum algorithms and hardware. EU Initiatives The EU has recognized the strategic importance of quantum technologies and is actively working to support their development and governance. Since launching the €1 billion Quantum Flagship initiative in 2018, the EU has aimed to position itself as a global leader in quantum research and innovation. This initiative not only supports scientific excellence but also addresses the societal and ethical implications of quantum technologies. In 2025, the European Commission reaffirmed its commitment to a coordinated regulatory approach by advancing the development of a European Quantum Policy. This policy aims to establish a coherent framework for the deployment, standardization, and oversight of quantum technologies across the EU. However, the Commission has indicated that dedicated legislative proposals specific to quantum technologies are unlikely to be introduced any time soon. Adding to the complexity is the global and interdisciplinary nature of quantum research and development. Effective regulation will require international cooperation among governments, industry leaders, academic institutions, and civil society. Recent efforts, such as the G7’s 2025 commitment to coordinated quantum governance, signal a growing recognition of the need for shared standards, ethical oversight, and cross-border collaboration. As quantum technologies move closer to real-world deployment, businesses must stay ahead of evolving risks and regulatory expectations to ensure they are prepared for the post-quantum era. Looking Ahead Legal Risk Management in the Quantum Era Managing legal risk is just as important as implementing technical safeguards. Projects should also consider updating their force majeure clauses to explicitly include quantum-related risks. And exclusion of liabilities in service level agreements amongst others. These provisions can account for unforeseen technological disruptions—such as quantum breakthroughs that compromise encryption or blockchain integrity—helping shield parties from liability in the event of unauthorized access, data breaches, or regulatory violations. Additionally, user education is vital. Users need to understand the risks quantum computing poses to cryptographic systems and take steps to protect their assets. This includes adopting quantum-resistant authentication, managing keys securely, and avoiding address reuse. By promoting awareness and best practices, businesses can reduce user-level vulnerabilities and build a more resilient ecosystem. Quantum computing brings both legal challenges and opportunities. By taking a proactive and interdisciplinary approach, the legal community can help guide its development—ensuring it aligns with the rule of law, protects rights, and serves the public good. What This Means for Businesses Quantum computing is no longer a remote hypothetical concept—it is a rapidly emerging technology that could reshape data security, digital transactions, and regulatory compliance. Whether you are business leader, tech entrepreneur, or a legal professional, understanding the legal implications of quantum technologies is essential to future-proofing your operations and protecting your interests. How we can help We stay ahead of emerging technologies to help our clients navigate complex legal landscapes. Our team can assist you with regulatory compliance, contract drafting and review, IP protection, cybersecurity and training and advisory services. We combine legal expertise with a forward-thinking approach to help you prepare for the quantum future—securely and strategically. Published: 29 July 2025 Author: Susanna Grech Deguara & Danielle Mercieca

Summary Malta’s renewable energy laws, key regulators, incentives, and setup guidance for solar and green projects. This article outlines Malta’s renewable energy laws, key authorities, incentives, and permitting process, with a focus on solar energy and emerging opportunities— ideal for developers and investors in the clean energy sector. Key Legal Points Offshore Renewables as a Strategic Priority Established Legal and Regulatory Framework Infrastructure Investment to Enable Transition Legal Framework Access for Investors and Developers Malta's Legal Framework for Clean Energy Malta’s renewable energy legislation is largely shaped by European Union directives, adapted locally to suit the island’s unique geography and energy needs. Given Malta’s geographical limitations, the country is focusing on innovative strategies—such as offshore floating wind and solar projects—to expand its renewable energy mix and meet binding national and EU climate targets. The transition to renewables is guided by national laws such as the Regulator for Energy and Water Services Act (Cap. 545), Environment Protection Act (Cap. 549), Climate Action Act (Cap. 643) and the Development Planning Act (Cap. 552), alongside a range of subsidiary regulations that promote cleaner sources of power. Key regulations include: Promotion of Energy from Renewable Sources (Amendment) Regulations (SL 545.11), which set out targets and support mechanisms for green energy. Electricity Regulations (SL 545.34), transposes Directive (EU) 2019/944 and defines renewable energy sources, outlines licensing procedures, grid connection, exemptions for small-scale generation, and obligations for energy producers. Energy Efficiency Regulations (SL 545.33), promotes efficient energy use across sectors and support national and EU decarbonisation targets. Incentive schemes offered through Malta Enterprise and the Regulator for Energy and Water Services (REWS), which aim to encourage investment and adoption. These legal instruments support Malta’s obligations under the EU Green Deal and the National Energy and Climate Plan, setting ambitious but achievable goals for the years ahead. Malta’s Strategic Shift to Offshore Renewable Energy In response to space constraints, Malta is shifting its focus toward offshore renewable energy technologies, particularly floating wind farms and floating solar platforms. These solutions offer scalable capacity without occupying valuable land and are well-suited to Malta’s marine geography. In 2024, the government published a Pre-Qualification Questionnaire inviting proposals for a 280–320 megawatt floating offshore wind project within Malta’s planned Exclusive Economic Zone (EEZ). Simultaneously, market consultations were launched to assess the feasibility of nearshore and offshore floating solar farms, with the aim of attracting private-sector innovation and investment. To support the integration of offshore renewables and ensure energy system resilience, Malta is also pursuing several major infrastructure projects: Battery Energy Storage Systems (BESS): Tenders for two large-scale BESS units were issued by Interconnect Malta, intended to stabilise the grid and manage intermittent energy supply. Second Electricity Interconnector: A planned new connection between Malta and Italy is expected to improve import flexibility, system reliability, and integration with the EU energy market. Hydrogen-Ready Gas Pipeline: A proposed pipeline between Malta and Sicily is designed to transport natural gas in the short term and accommodate green hydrogen in the future. This aligns with EU goals on hydrogen corridors and decarbonisation infrastructure. Government Incentives for Renewable Energy in Malta Malta offers a range of structured support mechanisms to promote the development and adoption of renewable energy. These include: Feed-in Tariffs (FiTs): Offered for solar PV systems up to 40kW, these tariffs are regulated by Subsidiary Legislation 545.27, providing a guaranteed payment for electricity exported to the grid. Competitive Bidding Schemes: Larger projects exceeding 40kW or 1MW may qualify for financial support through tenders governed by SL 545.39, which often result in Contracts for Difference (CfDs). Grants for PV and Storage: These are administered by the Regulator for Energy and Water Services (REWS) and co-financed by EU funds. They typically cover part of the capital cost of solar panels, inverters, and battery systems. Green Bond Financing: Through the Malta Stock Exchange Green Market, qualifying renewable energy and sustainable infrastructure projects may raise capital via green bonds, provided they meet recognised environmental criteria. These schemes reduce the financial burden on both individuals and businesses and are a central part of Malta’s strategy to encourage widespread renewable energy investment. Key Authorities Regulating Renewable Energy in Malta Several public bodies in Malta play distinct and coordinated roles in regulating and supporting renewable energy projects: REWS (Regulator for Energy and Water Services): Established under the Regulator for Energy and Water Services Act (Cap. 545), REWS is responsible for energy licensing, enforcement, tariff setting, and managing support schemes such as FiTs and competitive tenders. Planning Authority (PA): Created under the Development Planning Act (Cap. 552), PA oversees development permits, zoning control, and land use planning—including permits for renewable installations. Environment and Resources Authority (ERA): Operating under the Environment Protection Act (Cap. 549), ERA manages Environmental Impact Assessments (EIAs) and ensures compliance with national environmental standards. Climate Action Authority: Set up under the Climate Action Act (Cap. 643), this authority oversees the country’s climate policy and GHG inventory obligations under EU Regulation 2021/1119 and the UNFCCC. Interconnect Malta: A state-owned infrastructure body tasked with the development of grid-scale renewable energy systems, offshore projects, electricity interconnection, and energy storage. Participation in Renewable Energy Initiatives in Malta Businesses and households in Malta primarily adopt renewable energy through rooftop solar PV systems, supported by FiT schemes and installation grants. These solutions are scalable, cost-effective, and widely adopted in the residential and commercial sectors. For medium to large-scale projects, a more comprehensive regulatory path is required. The process includes: An authorisation from REWS, unless exempted under SL 545.34 A development permit under Cap. 552, issued by the Planning Authority Environmental screening or an EIA by ERA, under SL 549.46 A grid connection agreement with Enemalta or Interconnect Malta Optional entry into competitive bidding rounds, under SL 545.39 Smaller systems (≤16A per phase) designed solely for self-consumption are exempt from full licensing but must be notified to REWS. Energy Performance Certificate in Malta The Energy Performance Certificate (EPC) in Malta is a document that assesses the energy efficiency of buildings. It is mandatory for all new buildings, those undergoing major renovations, and buildings being sold or rented out. The EPC not only helps property owners and tenants understand the energy performance of their buildings but also encourages the adoption of energy-efficient practices and technologies. Recent Developments in Renewable Energy in Malta Over the past 12 months, Malta has advanced several key initiatives in support of its renewable energy and decarbonisation goals, in line with its obligations under the Climate Action Act (Cap. 643) and Malta’s updated National Energy and Climate Plan (NECP). The government has expanded its financial incentives for rooftop solar PV installations, targeting both residential and commercial sectors. These schemes—partially funded through the EU Recovery and Resilience Facility (RRF)—have contributed to an estimated 15–20% increase in installed solar PV capacity since 2023. These installations continue to benefit from feed-in tariffs under SL 545.27 and other grant mechanisms administered by the Regulator for Energy and Water Services (REWS). Malta has also taken important steps to explore offshore renewable energy potential. While no offshore wind projects have yet been commissioned, consultations and preparatory tenders have generated interest from international stakeholders. This exploration aligns with Malta’s strategy to overcome land-use limitations and diversify its renewable energy mix. On a regional level, Malta has strengthened international cooperation through the signing of Memoranda of Understanding (MoUs) with Egypt and Libya. These agreements focus on: Joint exploration of renewable energy technologies; Research and innovation; Energy efficiency initiatives; The development of virtual energy corridors and indirect grid interconnections. Discussions are also ongoing with Tunisia, where Malta expects to formalise a new energy partnership, reinforcing its regional energy diplomacy. How We Can Help As Malta positions itself as a Mediterranean leader in offshore renewables and sustainable energy investment, the legal complexity of navigating project authorisation, infrastructure contracts, permitting, and compliance is growing. This is where tailored legal expertise becomes essential. At Chetcuti Cauchi Advocates, our Property and Energy Law Team provides comprehensive legal services for: Investors exploring land or marine-based renewable projects Developers requiring permitting and planning approvals Private clients installing residential or commercial PV systems Operators participating in government tenders or green bond programmes Cross-border partnerships involving interconnectors or hydrogen infrastructure Our services include legal structuring, regulatory advice, due diligence, licensing under SL 545.34, representation before REWS, PA, and ERA, as well as assistance with environmental obligations, subsidy eligibility, and grid contracts. With deep knowledge of Malta’s legislative instruments—including the Climate Action Act, the Electricity Regulations, and relevant development laws—we support our clients in aligning their projects with both national and EU energy policy. Whether you're launching a utility-scale wind farm, retrofitting a building with solar capacity, or investing in Malta’s growing offshore sector, Chetcuti Cauchi Advocates offers the legal foundation to make your project viable, compliant, and future-proof. Our multi-disciplinary expertise ensures that your clean energy investment is guided by law, powered by insight, and aligned with Malta’s strategic energy transition. Let us help you unlock the full potential of renewable energy in Malta. Published: 19 June 2025 Author: Maria Chetcuti Cauchi

Summary Since 28th November 2017, Malta’s citizenship by merit route offers a path to naturalisation for individuals who have rendered exceptional services to the Republic of Malta or to humanity in fields such as sports, culture, the arts, science, or research. This selective process acknowledges outstanding contributions by global talents and is regulated under Article 10(9) of the Maltese Citizenship Act. Under the Granting of Citizenship for Exceptional Services (Amendment) Regulations 2025 published on 29th July 2025, Maltese citizenship by naturalisation may also be granted to entrepreneurs, technologists, and philanthropists who demonstrate exceptional merit whether through exceptional contributions to Malta, services of exceptional interest to Malta or to humanity. ‍Key Legal Points Legal Notice 335 of 2017, which was the first legislation enacted on this matter, recognises exceptional contributions to Maltese society in national security, science, health, education, culture, sports, and innovation. Legal Notice 159 of 2025 (most recent amendment) lays down the main conditions to grant naturalisation on the basis of exceptional contributions or exceptional services to Malta or humanity. In the Maltese Citizenship Act, citizenship by merit is allowed under Article 10(9). Legal Basis for Citizenship by Merit The legal foundation for citizenship by merit is found in Article 10 (9) of the Maltese Citizenship Act, which allows the Minister responsible for citizenship to grant naturalisation to foreign nationals or stateless persons who: Renders an exceptional service to Malta, or Makes an exceptional contribution to Malta Whose naturalisation is of exceptional interest to Malta. Updated by the Maltese Citizenship (Amendment) Bill 2025, the naturalisation model is built on a principled assessment of merit, with a focus on contributions in the public interest. Eligible Individuals May Include: Innovators and scientists advancing Malta’s knowledge economy; Cultural figures enhancing Malta’s global artistic and heritage presence; Humanitarian leaders or educators contributing to social cohesion; Professionals in public health, security, and national resilience; Distinguished figures in sport, diplomacy, or public policy. Philantrophists, Technologists and Entrepreueners Eligibility and Legal Process To be considered for citizenship by merit, the applicant must: Have applied for a Maltese residence permit; Hold title to a residential property in Malta; Have or will render exceptional services or exceptional contributions towards Malta or humanity In an application, an applicant may include a spouse/partner and unmarried children who are financially dependent on the applicant under the age of 29. Applicants considering Maltese citizenship by merit should view their contribution in light of Malta Vision 2050, the country’s long-term roadmap for sustainable economic and social development. The vision highlights strategic growth in sectors such as fintech, artificial intelligence, the blue and green economies, sustainable housing, advanced manufacturing, and clean energy, among others. By engaging with these future-facing industries, applicants position themselves not only as beneficiaries of Maltese citizenship, but as partners in driving innovation, sustainability, and resilience in line with Malta’s national priorities for the decades ahead. Application Process Residency Stage The applicant is to visit Malta and apply for a residence permit through Community Malta Agency. Once the application is approved, the applicant attends a biometrics appointment in Malta, and a residence card is issued. Submission of Proposal Letter A comprehensive proposal letter is then prepared and submitted via Community Malta Agency to the Evaluation Board. This document outlines the applicant’s background, proposed contribution, and post-naturalisation plans. Initial Due Diligence & Evaluation Board Assessment Before the proposal is referred to the Evaluation Board, Community Malta Agency conducts a four-tier initial due diligence check and collects the applicable administrative fees. If the Agency is satisfied, the proposal is forwarded to the Evaluation Board consisting of a chairman and two members, which may request further information or conduct interviews before issuing a recommendation. The proposal submitted by the applicant should also be endorsed by a designated competed body which the Agency may designate and is capable of determining whether an individual is recognised in a particular field as a leading  talent, or has demonstrated exceptional promise and is likely to become a leading talent or is of exceptional interest to the Republic of Malta. Letter of Approval In Principle Following a favourable recommendation from the Evaluation Board, the Minister may approve the proposal and issue a Letter of Approval in Principle. Investment & Submission of Citizenship Application Once the Letter of Approval in Principle has been obtained and the applicant has completed at least eight months of legal residence in Malta, a formal application for naturalisation on the basis of merit may be submitted. The application must be supported by proof of residence, ownership or lease of adequate residential property, evidence of the required contribution or service, endorsement by a designated competent body, language proficiency in English or Maltese, and demonstration of ties created with Malta. Letter of Approval & Oath of Allegiance Upon submission of the citizenship application, the Agency conducts a second round of due diligence and charges further administrative fees. Once the application is deemed complete, it is referred back to the Evaluation Board for review. If the Evaluation Board issues a favourable recommendation and the Minister approves the application, a Letter of Approval is issued. The applicant must then take the Oath of Allegiance within six months, extendable if necessary, having first signed a written undertaking to uphold ongoing obligations. Ongoing Compliance Monitoring Following naturalisation, the Agency monitors the applicant’s continued compliance with post-naturalisation commitments. In cases of serious non-compliance, the Minister retains the authority to revoke citizenship. Required Documents Applicants must provide the following: Birth certificate Valid Maltese residence permit Valid passport biometric page Proof of residence in Malta prior to submission Police conduct certificate(s) covering the last 10 years (for countries where the applicant resided at least 6 months) Proof of title to residential property in Malta Detailed Curriculum Vitae Proof of exceptional services rendered, including: A written report by a competent body confirming recognition or exceptional talent; or evidence of promise to become a leading talent in the relevant field Various Government Application Forms A Route Reserved for the Remarkable Citizenship by merit is Malta’s sovereign expression of appreciation for individuals whose exceptional accomplishments bring prestige, progress, and value to the country. Whether you're a Nobel laureate, Olympic athlete, groundbreaking researcher, or a cultural icon Malta offers a path to citizenship based on merit, excellence, and integrity. Our Global Citizenship Practice Chetcuti Cauchi's acclaimed Immigration and Global Citizenship law practice offers seamless and holistic legal and tax advisory services in relationship to the acquisition of Maltese Citizenship: advising you on your eligibility before filing a citizenship application; providing you with pre-immigration legal and tax advice; guiding you with the preparation and forwarding of the necessary documentation; vetting and preparing all supporting documentation for submission; assisting you with the purchase / rental of property in Malta including applications for AIP permits (foreigners need AIP permit to purchase property in Malta), reviews of your contract, liaising with the notary. Published: 29 May 2025 Author: Antoine Saliba Haig

By Priscilla Mifsud Parker In recent years and most especially in recent weeks, global trade wars have intensified, creating significant upheaval in international markets. These conflicts, characterized by escalating tariffs and trade barriers, have prompted businesses to reassess their operational strategies and risk management practices. As companies strive to safeguard their interests amidst these turbulent conditions, Malta has emerged as a strategic jurisdiction within the European Union (EU). Renowned for its business-friendly policies, Malta offers compelling advantages for businesses looking to mitigate risks associated with tariffs and trade barriers. Understanding Trade Wars Trade wars occur when countries impose tariffs or other trade restrictions on each other to protect local industries or exert political pressure. Historical instances, such as the U.S.-China trade conflict, illustrate how these disputes can evolve and escalate, leading to significant economic repercussions. Recently, governments worldwide, including the U.S., EU, and several Asian nations, have enacted tariffs affecting various goods and services. These trade tensions can disrupt supply chains, increase costs for consumers and businesses, and create uncertainty in global markets including share prices for multinationals, urging companies to explore more secure jurisdictions for their operations. Malta's Unique Position within the EU Malta stands out as a business-friendly jurisdiction within the EU for several reasons: Access to EU Market: As a member of the EU, Malta provides businesses with a gateway to a vast internal market, benefiting from the absence of trade barriers within the union. Favorable Tax Regime: The Maltese corporate tax rate is among the most competitive in Europe, with refunds available to shareholders  and notional interest deductions. Political Stability: Malta enjoys a stable political environment, which is crucial for long-term investments and business operations. Flexible Regulatory Environment: The country maintains a well-established legal and regulatory framework, reinforced by a wide tax treaty network and trade agreements that enhance cross-border operations and reduce risks. Legal Framework for Business Setup in Malta Setting up a corporate structure in Malta involves: Choosing a Business Structure: Options include Limited Liability Companies (Ltd’s) and partnerships, each with distinct benefits and legal implications. Registering the Business: The registration process requiring submission of the necessary documentation with the Malta Business Registry. Compliance: Companies must adhere to local regulations, including accounting and reporting obligations, ensuring transparency and adherence to EU directives. Licensing: Depending on the business sector, specific licenses or permits may be required to operate legally in Malta. The legal framework is designed to facilitate business operations while ensuring compliance with both local and EU regulations. Tax Benefits and Incentives Malta offers distinctive tax advantages for businesses, including: Corporate Tax Rates: While the standard corporate tax rate is 35%, effective rates can be significantly lower due to the tax refund system available to shareholders. Notional Interest Deduction: This allows companies to offset a percentage of their equity against taxable income, further lowering effective tax rates. Double Taxation Agreements (DTAs): Malta has a comprehensive network of DTAs with various countries, minimizing the risk of double taxation for international businesses. These tax regulations help mitigate risks associated with trade wars by allowing businesses to maintain favourable profit margins even under adverse trade conditions. Strategic Corporate Structuring to Hedge Against Trade Risks To effectively hedge against trade risks, businesses should consider: Supply Chain Management: Establishing flexible and diversified supply chains can alleviate the impact of tariff increases or trade restrictions. Intellectual Property Protection: Maltese laws provide strong protections for intellectual property, ensuring that business innovations remain secure from infringement. Dual Residency or Holding Companies: Businesses might consider establishing dual residency or setting up holding companies in Malta to take advantage of tax efficiencies and access to EU markets. Such strategic corporate structures can enhance resilience against ongoing trade tensions and protect business interests. Case Studies and Best Practices Several businesses have successfully leveraged Malta's advantageous environment to navigate trade tensions. For example, tech companies that set up operations in Malta report streamlined access to the EU market while benefiting from the country’s robust data protection laws. Likewise, manufacturers have found that establishing production facilities in Malta allows for more stable logistics and reduced costs due to favourable tax structures. Best practices include conducting thorough market analyses, engaging local legal experts, and staying informed about changes in global trade policies to ensure compliance and adaptability. Being Proactive The ongoing landscape of trade wars necessitates proactive planning and strategic corporate structuring for businesses. Malta’s favorable legal, tax, and regulatory framework positions it as a compelling option for establishing a corporate presence that can withstand the challenges posed by international trade tensions. How can we help Businesses interested in optimizing their operations can speak to us for an initial scoping exercise to identify current pain points and come up with solutions.

By Jean-Philippe Chetcuti, Antoine Saliba Haig and Marina Magri Quo Vadis European Law on EU Citizenship, National Competence on Citizenship Acquisition Rules? This paper delineates the evolution of European Citizenship by Investment from the European Parliament's debates at the onset of Malta's Individual Investor Programme, to the closure of the Cyprus Investment Programme in 2020, to the European Court's Advocate General's legal opinion backing Malta's CBI model and its existing genuine links requirement, to the CJEU ruling opening the door to a new generation of investment migration programs, built on genuine connection, economic impact, and EU law compliance.   Key Legal Issues Definition and nature of EU citizenship under Article 20 TFEU. Autonomy of Member States in granting nationality vs. EU law obligations. The legality of citizenship by investment (CBI) within the European Union framework. Divergence between the Advocate General’s support for Malta and the final CJEU ruling. Legal framework for European Citizenship European Citizenship by Investment (CBI) has long existed at the intersection of national sovereignty and Union-wide legal obligations. While the EU treaties leave nationality decisions to the Member States, they also attach Union-wide rights to those decisions. The 2024 Advocate General's Opinion in Commission v. Malta upheld Malta's sovereign discretion. However, the CJEU ultimately ruled that Malta’s CBI model violated EU law for lacking a genuine connection between investor and state. This judgment does not outlaw CBI, but reshapes its future — towards investment-based naturalisation models that satisfy the EU’s integrity standards. EU citizenship, codified under Article 20 TFEU, is granted to nationals of EU Member States and confers rights such as free movement, consular protection, and participation in European democratic life. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. While nationality remains within the sovereign competence of Member States, cases such as Micheletti (C-369/90) and Tjebbes (C-221/17) established that such powers must be exercised in line with EU law, especially where EU citizenship is a consequence. Declaration No 2 on nationality of a Member State, annexed to the final act of the Treaty on European Union exposes the extent of Member State prerogatives in the area of citizenship, stating that the acquisition of Member State nationality automatically results in the acquisition of EU citizenship, which all other Member States are bound under EU law to recognise. (AG Opinion, EC v Malta, 5 Oct 2024, para. 45). … wherever in the Treaty establishing the European Community reference is made to nationals of the Member States, the question whether an individual possesses the nationality of a Member State shall be settled solely by reference to the national law of the Member State concerned…’ Treaty on European Union: Declaration No 2 on nationality of a Member State. The Emergence and Expansion of CBI in Europe The concept of citizenship by investment took hold in the EU through Cyprus and Malta, where economic contribution replaced traditional integration requirements. Cyprus launched a very lightly regulated route to citizenship in 2014 evolving it and adding layers of regulation over time leading to insufficient scrutiny of applicants and ultimately the abrupt demise of the Cypriot Investment Programme in 2020. Malta started its Individual Investment Programme with controversy with an initially circulated draft envisaging a 'citizenship for a fee' model resulting in naturalisation after just 6 months of residency. However, Malta quickly bounced back with a strengthening of the residence requirement, requiring one year of residence prior to naturalisation together with the purchase or rental of property and an investment Maltese government bonds in addition to the proposed contribution. This earned the Maltese citizenship programme the approval of the European Union at the outset (Joint Press Statement by the EC and the Maltese IIP Agency, 29 Jan 2014). Malta's CBI story is marked by a well-resourced citizenship agency geared up to European standards of due diligence and Anti-Money Laundering measure together with a residency requirement agreed with the European Union at the outset. A high rejection rate characterised the first years of the programme until it was clear that Malta would not admit applicants with an undesirable reputation, in observance of the spirit of solidarity expected of it by its European partners. These schemes attracted both economic investment and criticism, prompting pressure from the European Commission, which raised concerns about security, money laundering risks, and the undermining of mutual trust between Member States. When the time came for the European Commission to start infringement proceedings in respect of Malta, running the last remaining CBI in Europe, security concerns did not feature on the EC's case which focussed exclusively on the commercialisation of citizenship due to an absence of genuine links with Malta. The Malta Case: AG Supports National Sovereignty Malta’s Individual Investor Programme (IIP) and its successor regime the Granting of Maltese Citizenship by Exceptional Services permitted naturalisation based on significant investment, the keeping of a rented or purchased residence during the initial residence period and for 5 years post-naturalisation and at least 30 days of in-country presence. In addition to this, we have advised clients to ensure they build a footprint in Malta that befit their specific profiles in the form of 'genuine links'. Some invested in local businesses and startups, others enrolled in academic institutions here, others still registered their private aircraft or pleasure yachts in Malta, while others structured and performed private equity investments in Malta. Unfortunately, the silence of Maltese law on specific requirements, other than the general reference to "personal, financial and investment ties with Malta" reference in the agents guidebook, led to European quarters to assume there were none. In Case C-181/23, the European Commission initiated infringement proceedings, arguing the scheme: Undermined the status of EU citizenship, Violated Article 4(3) TEU (sincere cooperation), and Enabled access to EU rights without a genuine link to the issuing Member State. Crucially, Advocate General Anthony Michael Collins sided with Malta, issuing a robust Opinion in 2024 affirming that nationality decisions fall within the exclusive competence of Member States. He emphasised that EU citizenship is a derivative status, and that Malta’s approach — while politically contentious — did not infringe EU law. The European Court's own Advocate General undertook an in-depth study of the process and found that checks at the outset of an application and at the end before proceeding with the grant of citizenship ensured that applicants would have satisfied their pre-approved commitments to genuine links with Malta. The CJEU Ruling: A Shift Toward Substantive Citizenship Despite the AG’s backing of Malta, the CJEU ruled against Malta on 21 March 2023. The Court held that granting citizenship in exchange for financial consideration alone, without ensuring a genuine connection between the individual and the State, breached the principle of sincere cooperation under Article 4(3) TEU. The judgment effectively introduced a substantive requirement for national citizenship schemes that confer EU citizenship: a real, verifiable bond between the applicant and the granting country. The Future of CBI in Europe While the Court ruled Malta’s model in its current state unlawful, it did not reject the concept of economic citizenship outright. Rather, it made clear that: A financial contribution alone is insufficient, A genuine link must be established, and Member States must exercise their nationality prerogative in a manner consistent with the values and obligations of the EU legal order. This opens the door for a reimagined generation of CBI models built on: Actual residence, even if limited, Cultural, linguistic, or civic integration, and the already existing Transparent due diligence, aligning with both EU values and global best practice. Strategic Takeaways for Member States and Stakeholders Citizenship by Investment is not dead in Europe — but it must now evolve. Programmes must be restructured around residence, integration, and genuine ties, not mere economic exchange. Member States like Malta can retain investor migration tools by shifting towards compliant naturalisation-by-investment models. Future-proof CBI frameworks may resemble tiered naturalisation schemes, combining investment, residence, and social participation over time.

By Antoine Saliba Haig and Claudia Cilia Buhagiar Residence in Malta offers individuals and families the opportunity to live in a Mediterranean island known for its rich history, sunny climate, and high quality of life Malta Residence Whether relocating for work, retirement, or investment purposes, Malta provides a range of residency options, including programmes for EU and non-EU nationals. With its favorable tax regime, robust healthcare and education systems and daily flights to major European cities, Malta has become an increasingly attractive destination for expatriates seeking a secure relocation. How to Become Malta Resident The country offers a variety of residence pathways tailored to different needs and aspirations. If you're seeking tax residency, working remotely as a digital nomad, relocating for employment or seeking investment in property, Malta is the go-to jurisdiction as it provides structured and accessible residence programmes. Malta Residence Pathways Each Malta Residence programme is designed to accommodate specific profiles ranging from retirees and remote professionals to high-net-worth investors, ensuring that applicants can find a route that aligns with their lifestyle and financial goals. Below we explore some of the available opportunities for EU and non-EU nationals. Malta Residence for EU Nationals Below a list of Malta residence programmes for EU nationals: Malta Ordinary Residence (E-Residence) Nationals of the EU, EEA, and Switzerland who wish to move to Malta for work, study, retirement, or personal reasons have the Ordinary Residence option available. Individual intending to stay in Malta for an extended period while benefiting from EU residency, usually go for this route. Ordinary Residence is regulated by the Free Movement of EU Nationals and their Family Members Order, which transposes the EU Free Movement Directive (2004/38/EC).This option secures the right to work, study and reside in Malta under EU law. When an applicant opts for Ordinary Residence via the economic self-sufficiency route,the applicant needs to submit proof of funds, a valid passport, and a privatehealth insurance policy. If the applicant seeks the employment route, a localemployment contract and proof of accommodation are required. Applicants mustreside in Malta for at least three months while exercising their right to freemovement before applying for an e-Residence card. The Residence Programme (TRP) The Residence Programme caters for EU nationals seeking not only residency but also a special tax status in Malta. In contrast to the standard progressive tax rates ranging from 0% to 35%, TRP beneficiaries enjoy a flat tax rate of 15% on foreign income remitted to Malta. In order to qualify for TRP, applicants must pay a government fee, buy or rent a property in Malta or Gozo and commit to a minimum annual tax of €15,000. They must also be financially self-sufficient, hold valid health insurance, and avoid residing in any other country for more than 183 days per year. High-net-worth individuals seek TRP in Malta due to its favourable tax treatment. Malta Residence for Non-EU Nationals Below a list of Malta residence programmes for Non-EU nationals: The Malta Permanent Residence Programme (Residence by Investment) The Malta Permanent Residence Programme (MPRP) offers a path to permanent residency for non-EU nationals through a combination of real estate purchase (min. €375,000) or property rental (min. €14,000 per year). It also requires a government contribution of €80,000 for those who buy property or €110,000 for those who rent the property, and a charity donation of €2,000 per family.  Applicants must also declare a minimum level of assets. This programme captures the interest of individuals seeking European permanent residency without a minimum stay requirement. This is because it grants permanent residency for life to the main applicant and all the family members included in the same application and also allows visa-free travel within the Schengen Area. The Malta Nomad Residence Permit The Malta Nomad Residence Permit is tailored for remote workers and digital nomads from outside the EU, EEA, and Switzerland who wish to live in Malta while working remotely for foreign employers or clients. Eligible applicants must be employed by or own a foreign company, or work as freelancers with foreign clients. Additional requirements include a minimum gross monthly income of €3,500, health insurance, valid travel documents, and proof of accommodation in Malta/Gozo. The permit is valid for one year and can be renewed annually, provided the applicant has resided in Malta for at least five months in the previous year and continues to meet the eligibility criteria. The Global Residence Programme Lastly, the Global Residence Programme (GRP) is aimed at non-EU nationals who wish to reside in Malta while benefiting from its advantageous tax system. Applicants must pay a government fee, meet property requirements, and commit to a minimum annual tax of €15,000 on income remitted to Malta. They must also be financially self-sufficient, hold valid health insurance, and avoid residing in another country for more than 183 days per year. The GRP allows for the inclusion of unmarried dependant children and also dependant parents and siblings. It is well-suited for retirees, entrepreneurs and families seeking preferential tax rates. Advantages of Residence in Malta Malta offersa unique mix benefits for residents, some of which are outlined below: Malta is a Schengen country, allowing residents to travel visa-free to 29 other European countries for up to 90 days within any 180-day period. English is one of the official languages in Malta, making it easier for English speakers to communicate and conduct business. Malta enjoys political and economic stability together with a strong legal and regulatory system. The country offers a range of educational institutions, including language schools, universities and specialised schools. Malta's central location provides easy access to major European cities, with short flight times to destinations like London, Paris, and Rome. Submitting your Malta Residency Application Submitting your residency application in Malta involves several steps to ensure an efficient and successful process. Some of the residence applications outlined in this article can only be submitted by a Licensed Agent in Malta. It is therefore advisable for prospective applicants to get in touch with professionals on the island to provide the necessary assistance in choosing the ideal programme depending on the family’s requirements and ultimate goals. Furthermore, specialists in each individual programme will be assigned to deliver tailor made guidance in preparing the necessary documentation for submission. This will ensure that the application process will run smooth until approval. How we can Help Securing Malta residence requires strict compliance with legal and administrative procedures. Our firm provides expert support throughout the entire process — from document preparation and submission to ongoing follow-up — ensuring full adherence to applicable regulations. If you need expert advice or are ready to begin your Malta residence application, reach out to us today. Our dedicated team of Immigration lawyers is here to guide you through every stage of the process.

By Danielle Mercieca Identifying Local Authorities and Incentives As European Cybersecurity Month unfolds, it's an ideal time to examine how businesses in Malta can enhance their cybersecurity and resilience. Key local authorities, including the Malta Digital Innovation Authority (MDIA) and the Malta Information Technology Agency (MITA), play central roles in implementing EU cybersecurity regulations. Initiatives like the "Mind the Gap" and Cyber + ALT schemes provide businesses with financial support and resources to strengthen their cybersecurity posture, reflecting Malta's proactive commitment to safeguarding the digital landscape. As European Cybersecurity Month progresses, it seems apt to have a look at how businesses can invest in their cybersecurity and cyber resilience in Malta, and which local authorities are at play in the cybersecurity area. After all, prevention is better than cure. Local Authorities Pursuant to cybersecurity legislation in Europe, such as the Cybersecurity Act and the Regulation on the European Cybersecurity Industrial, Technology and Research Competence Centre, Malta has appointed specific authorities for specific roles in cybersecurity. The Malta Digital Innovation Authority (MDIA) is the National Cybersecurity Certification Authority (NCCA), whereas the Malta Information Technology Agency (MITA) is the National Coordination Centre (NCC) for Malta. Essentially, the role of the  NCCA, is to act as a supervisory authority but also as an assurance authority in specific instances, by: Issuing European cybersecurity certificate under European certification schemes, where required by the Cybersecurity Act Supervising and ensuring the rules of European cyber security certification schemes are adhered to Monitoring compliance with ICT manufacturers’ and providers’ obligations including the carrying out of conformity self-assessment Providing assistance to national accreditation bodies, in so far as they monitor conformity assessment bodies Monitoring developments in cybersecurity certification On the other hand, the role of the NCC includes, amongst others: Acting as Malta’s contact point for cybersecurity matters Promoting EU funding programmes in Malta and assisting local entities with applying to EU-funding calls Adopting national cybersecurity strategies in furthering local policies Promoting cybersecurity competencies through awareness campaigns, educational programmes, projects and activities It is clear that, Malta, as a jurisdiction, participates and effectively recognizes the importance of cybersecurity through the division of responsibilities to various local authorities. Notwithstanding that such designations stem from EU legislation, the cybersecurity incentives issued and implemented by these authorities demonstrate an effective momentum towards cybersecurity locally. Local Cybersecurity Incentives Both the NCCA and NCC have issued different schemes to fulfil their roles in terms of EU cybersecurity legislation. In 2023, in collaboration with Tech.mt and Malta Communications Authority, MDIA introduced the Mind the Gap scheme specifically for local e-Commerce businesses to enhance their cybersecurity posture. This included a cybersecurity self-assessment and a cybersecurity improvement scheme providing financial assistance to businesses to improve the security of their e-commerce service platforms. Such schemes go to the heart of the aim of European Cybersecurity Month, ensuring that businesses are geared to face cyber-attacks. Similarly, the NCC’s Cyber + ALT Scheme aims at assisting SMEs through grants to partially finance their investments in improving their security and resilience. In a wider context, the NCC also offers a Cybersecurity Skilling Programme involving a training course for Maltese nationals or residents in the area of cybersecurity, comprising different specialized and generic training courses at different times. Previously, a Cyber Assess Scheme was also available, intended to provide businesses with specialized cybersecurity expertise and services, such as vulnerability assessments, penetration testing, audits. A cursory look at the local scene reveals a commitment to support businesses in upskilling and upgrading their cybersecurity capacities. The initiatives launched in Malta demonstrate that local authorities are proactive in the cybersecurity field. One can only hope that in the light of the ever-increasing cyber risks, more initiatives for local businesses will be launched soon.

By Maria Chetcuti Cauchi Managing Real Estate through Family Office Structures in Malta This article explores how family offices in Malta strategically manage real estate assets through tailored structures such as trusts and holding companies. It covers key legal and tax considerations, governance practices, rental management, and commercial property strategy, with a focus on compliance, asset protection, and long-term value preservation within Malta’s favourable regulatory environment. Key Legal Issues: Use of Real Estate Structuring Vehicles Lease & Rental Oversight Succession & Tax Issues Regulatory Compliance Matters Management of Malta Real Estate through Family Offices Real estate continues to serve as a foundational asset class within family office portfolios, offering long-term value retention, income generation, and a vehicle for strategic diversification. In Malta, the management of real estate through family offices requires a highly coordinated approach that merges regulatory compliance, tax optimisation, and cross-border structuring with asset management and intergenerational governance. The jurisdiction’s stable legal environment, EU-aligned regulatory standards, and flexible structuring options make it particularly suited to the complexities of private wealth and multigenerational planning. Malta Property Legal and Regulatory Compliance Real estate investments managed through a family office must comply with Maltese statutory and regulatory requirements. This includes: Planning and Zoning Permits: Complying with the Planning Authority's development policies and zoning frameworks. Licensing and Approvals: Obtaining trade, commercial, or hospitality permits where relevant. Title Verification and Land Use Rights: Conducting due diligence on freehold/leasehold titles, easements, and restrictive covenants. In cross-border situations, legal advisors must also address conflicts of law, tax residency risks, and succession law compatibility. Maltese trusts and private foundations may be used to own real estate, enabling efficient inheritance planning and asset protection, especially when assets are held across multiple jurisdictions. Governance and Ownership Structures Optimal real estate structuring within a family office involves establishing governance models that ensure accountability, transparency, and long-term stewardship. Common structuring vehicles include: Private Trust Companies (PTCs): Allowing the family to retain control through a bespoke trustee entity, with board representation and fiduciary oversight. Real Estate Holding Companies: Offering liability shielding and tax efficiency, particularly when used in tandem with Malta’s participation exemption regime. Family offices should implement internal policies that define decision-making authority (e.g., acquisitions, divestments, leasing), reporting protocols, and mechanisms to involve and educate the next generation. Malta’s robust regulatory environment for corporate governance supports the creation of such frameworks. Asset and Rental Management Effective asset management is central to preserving real estate value. Key considerations include: Tenant Due Diligence: Rigorous vetting to ensure financial stability and compatibility with the intended use of the property. Lease Structuring: Drafting agreements that include provisions on rent escalation, default remedies, and compliance with Maltese rental legislation. Compliance and Oversight: Adhering to the Private Residential Leases Act, particularly for long-let and short-let arrangements. Regular maintenance inspections, particularly by licensed property managers or surveyors, are necessary to meet legal obligations and avoid structural degradation. Property Management Daily operational oversight is critical to value preservation. This includes: Condominium Management: Ensuring shared facilities are maintained in accordance with the Condominium Act. Tenant Relations: Addressing disputes, renewals, and terminations in line with lease covenants. Health & Safety Compliance: Meeting standards under Maltese and EU health and safety directives for occupied buildings. Professional third-party managers may be retained to ensure operational efficiency and audit-readiness. Maintenance Planning Preventive maintenance is vital to safeguarding capital value. Family offices should adopt: Scheduled Maintenance Plans Routine Building Inspections Issue Tracking Systems Prompt resolution of issues can reduce long-term repair costs and mitigate liability for tenant or third-party claims. Acquisitions and Disposals Transaction structuring must be underpinned by comprehensive legal and financial due diligence: Title and Planning Searches: Involving notaries and architects to identify potential encumbrances or compliance risks. Valuation Reports: Carried out by certified property valuers using internationally recognised methodologies (e.g., RICS standards). Negotiation Strategy: Leveraging market comparables and scenario modelling to support price and exit analysis. Strategic acquisitions should be aligned with family wealth goals—such as legacy building or philanthropy (e.g., converting historical properties for cultural use). Property Valuations Valuations serve both regulatory and strategic purposes. They inform acquisition pricing, internal asset monitoring, loan structuring, and succession planning. Valuers must account for: Location-Specific Demand Property Condition and Age Comparable Market Transactions Income Potential These metrics support data-driven decision-making and compliance with financial reporting standards. Commercial Property Strategy Family offices active in the commercial real estate market must consider: Market Research: Conducting feasibility studies and demand assessments to identify the optimal use case—retail, office, industrial, or hospitality. Tenant Mix and Lease Terms: Aligning leasing strategy with location profile, intended ROI, and exit planning. Sectoral Diversification: Expanding into logistics hubs, healthcare facilities, or student accommodation to hedge economic cycles. Lease contracts should be structured to include inflation-linked rent reviews, renewal flexibility, and ESG-compliant clauses, especially in sustainability-conscious sectors. Real estate management within a Maltese family office setting involves a multidisciplinary approach that spans structuring, legal compliance, tax efficiency, and active asset governance. The use of trusts, holding companies, and professionally managed portfolios enables families to meet both income and legacy objectives in a jurisdiction recognised for its legal certainty and cross-border compatibility.

By Priscilla Mifsud Parker Balancing Legal Frameworks with Intra-Generational Harmony A family heirloom carries both sentimental and monetary value, often reflecting a family’s history and heritage. Estate planning for heirlooms is crucial to ensure their preservation and smooth transfer across generations. Options like wills, companies, or trusts provide different levels of protection and flexibility. Beyond legal planning, families should communicate openly, document the significance of each heirloom, and create governance structures to prevent disputes. By blending legal strategies with thoughtful intra-generational planning, families can safeguard their legacy and pass down cherished possessions for years to come. Definition of a Family Heirloom A family heirloom is an object of significant value, both sentimental and monetary, that is passed down through generations within a family. These items often embody the family's history and heritage and can include a wide range of objects such as: Jewellery Precious stones Coins Art (paintings, sculptures, pottery, beadwork, etc.) Furniture Collections Books Real estate Estate Planning for Family Heirlooms Estate planning for family heirlooms involves making strategic decisions to ensure these valuable items are preserved and passed down to future generations. There are several options available, each with its own advantages and considerations. 1. Will A will is a legal document that specifies how a person's assets will be distributed upon their death. While a will can designate who should receive which heirloom, it does not provide asset protection during the owner's lifetime. The heirlooms are only transferred after the owner's demise, which may lead to potential disputes among heirs and does not safeguard the heirlooms from creditors during the owner's life. Drafting a will requires clear articulation of the intended heirs and the specific assets they are to receive. Legal advice should be sought to ensure the will is valid and enforceable under relevant jurisdictional laws and also taking into account the EU regulation on succession in specific circumstances. 2. Company Establishing a company in Malta offers both asset protection during the owner's lifetime and continuity after their death. The heirlooms could be owned by a company, and the heirs would instead receive shares in that company. This structure provides several benefits: Asset Protection: By transferring ownership of the heirlooms to the company, the assets are protected from personal creditors of the owner. Continuity: The company structure ensures that the heirlooms remain intact and are not divided among heirs. The shares of the company can be passed down, allowing the heirlooms to be preserved within the family. Flexibility: The heirs, as shareholders, have the option to sell their shares if they choose, providing liquidity while maintaining the integrity of the heirlooms as a collective entity. This would be particularly interesting and relevant for art and jewellery collections. Tax Efficiency: Malta offers a favourable tax regime for holding companies, including potential tax refunds or exemptions on dividends distributed to shareholders. 3. Trust A Malta trust provides the most continuity and independent control over the heirlooms. Trusts can be administered by professional trustees or by the family's private trust company. The key features of a Malta trust include: Control: The owner, as the trustee, retains decision-making powers regarding the enjoyment and disposal of the heirlooms. This ensures that the heirlooms are managed according to the owner's wishes. Continuity: The trust structure ensures that the heirlooms are preserved and passed down to future generations without the risk of being divided or sold. Flexibility: Trusts can be tailored to meet the specific needs of the family, including provisions for the management and distribution of the heirlooms. Setting Up a Structure for Family Heirlooms To ensure that important and valuable heirlooms are not divided or sold, it is essential to set up a structure that can afford the necessary protection. This structure can be a company or a trust or a combination of both, depending on the family's preferences and needs. By doing so, the heirlooms can be preserved and passed down to future generations. Passing on Information About the Heirlooms In addition to setting up a structure to hold the heirlooms, it is important to pass on information about their value and significance to the next generation. This can include details about the heirlooms' history, provenance, location and any special care instructions. Certain heirlooms might be in the possession of third parties including for exhibition, restoration or safe keeping purposes.  It is important that this information is also shared.  By educating the next generation about the importance of these items, families can ensure that their legacy is preserved and cherished for years to come. Aligning Intra-Generational Aims Communication and Education Establishing open lines of communication among family members is vital to align their aims regarding the heirlooms. Regular family meetings and discussions can help share the history and sentimental value of the items. Educating younger generations about the significance of the heirlooms fosters a sense of responsibility and continuity. Documenting Stories and Significance Creating a comprehensive record of each heirloom, including its history, significance, and any anecdotes related to it, can enhance its value to future generations. This documentation can be in the form of written records, video interviews, or digital archives. Setting Up Family Governance Structures Implementing a family governance structure, such as a family council or a family constitution, can help manage the heirlooms and resolve any potential conflicts. These structures provide a formal framework for decision-making and ensure that all family members have a voice in the process. By combining legal frameworks with thoughtful intra-generational planning, families can successfully protect and pass on their cherished heirlooms, ensuring that their legacy endures for generations to come.