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ARTICLE · 10 SEPTEMBER 2020

MFSA Circular: Brexit And UK On-Line Services

On 2 September 2020 the MFSA issued a circular outlining the implications on Maltese licence holders in relation to their online activities in the UK in light of the imminent Brexit.

MaltaFinance and Banking

On 2 September 2020 the Malta Financial Services Authority (the "MFSA") issued a circular outlining the implications on Maltese licence holders in relation to their online activities in the UK in light of the imminent Brexit. The Circular refers to the Directive on Electronic Commerce (i.e. Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the internal market) which directive covers a wide range of activities which may take place online.

When does the Directive on Electronic Commerce Apply?

The Directive on Electronic Commerce, in particular, applies to services provided without the parties being present together at the time when the services are provided and its true objective is to create a legal framework to ensure the free movement of information society services between Member States. Information society services are services normally provided

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