Diploma in Law (Malta)

Information andMaster
Click to edit Communication Technology
title style
Law
• Click to edit Master text styles
Lecture 1
• Second level
Title: Introduction
• Third level to IT and Data Protection Law
• Fourth level
• Fifth level

Lecturer: Sharon Xuereb, Camilleri Preziosi Diploma in Law (Malta)

Date: 25.04.2022
 Diploma in Law (Malta)

What title
Click to edit Master is ICT Law?
style
• Click to edit Master text styles
• Second level
• Third level
The law which
• Fourthgoverns
level information processing (and how this is
undertaken by ‘computers’).
• Fifth level
 Diploma in Law (Malta)

What
Click topics
to edit are covered
Master title styleunder ICT Law?
• Click to edit Master text styles
• Second level
• Contracts to purchase computer hardware or software
• Third level
• Intellectual property
• Fourth level protection of IT products / services
• Data protection and confidentiality of data
• Fifth level

• Computer crime
• Electronic commerce
• New (disruptive) technologies
 Diploma in Law (Malta)

Digitisation: What is
Click to edit Master it?style
title
• The
ClickInformation Economy
to edit Master text styles
• Second level
• Third level
• Industrial Economic
• Fourth level
Model –19th/20th Centuries
• Economic• value within physical goods (atoms)
Fifth level
• Economies of scale & Mechanisation

• Information Economy – present time

• Economic value sited within information (bits)
• Information collected, stored, processed.
• Provision of services – banking, financial etc
• Information society – encoding: atoms to bits
 Diploma in Law (Malta)

Digitisation: What is
Click to edit Master it?style
title
•• Atoms
Click toused
editinMaster
the physical
text world
stylesto construct everything.
• Digitization = Conversion from atoms to bits (0 or 1)
• • Second
Bits levelblocks of the information society.
– building
• Third level
• Fourth level
• Digitisation:• Fifth level
• cheaper to store and distribute goods/services
• new models to market and deliver products/services
• new avenues for communication, exchange of ideas
• Non-rivalrous goods – intangibles, consumed by several consumers
at the same time – “informational goods”
• Versus rivalrous goods, “Atomic” – those whose consumption by one
consumer prevents simultaneous consumption by other consumers.
• Cross-border effects of information transfers on law – jurisdiction,
identification of lawbreakers
 Diploma in Law (Malta)

Digitisation: What is
Click to edit Master it?style
title
We have
• Click experienced
to edit a move
Master text styles from industrial based society to
an information
• Second level society
• Third level
• Fourth level
- Shiftfrom ownership
• Fifth level or control of things to ownership of or control over
information
- Information is important. e.g. a UK newspaper can be instantly printed anywhere in
the world if the information (e.g. in a file) is available. No need to transport
newspaper from country A to country B - disintermediation

- New and revolutionary models to market and deliver products/services

- Example music or film streaming services e.g. SoundCloud, Netflix
 Diploma in Law (Malta)

Digitisation: Legal challenges of

Click to edit Master title style
information society
• Traditional
Click to editlegal values
Master text based
styles on:
Valuablelevel
• Second goods being physical, tangible and rivalrous or
intangible
• Third levelgoods (protected by intellectual property rights)
fixed •toFourth
a tangible
level carrier (CDs, books etc)
• Fifth level

• With digitisation - possible to replace all previous

information storage forms/media with bits
• Valuable content (non-rivalrous goods) separated from
traditional carrier (which was rivalrous)
• Undermines traditional legal models for enforcing intangible,
intellectual property rights
• Legal challenge to protect information that is instantly
replicable, transmissible and infinitely scalable.
 Diploma in Law (Malta)

Digitisation: What are

Click to edit Master titleits drivers?
style
• Fall
Clickintocost
editof storing
Master digital
text information (bits).
styles
• Second level
• Third level
• Fall in cost
• Fourthand
level speed of transmitting bits across computer
networks. • Fifth level

• Rise in consumer demand for greater storage capacity and

multi-platform support in digital devices.
 Diploma in Law (Malta)

Digitisation: What are

Click to edit Master titleits drivers?
style
• Click to edit/ Master
Information data is: text styles
• Second level
• Third level
• Easier• Fourth
to levelgenerate, manipulate, transmit and store
information
• Fifth level
• Lower cost of collecting, manipulating, transmitting data
• Nature of electronic information has developed an intrinsic
value in itself
• Operation of IT systems and networks generate additional
digital information (backup copies, cache copies etc)
 Diploma in Law (Malta)

Digitisation: Information
Click to edit Master disintermediation
title style
• Traditional distribution:
Click to edit Master standard chain of manufacturer –
text styles
carrier (middleman)
• Second level – e.g. consumption from a shop
• Third level
• Fourth level
• Modern distribution:
• Fifth leveldirect delivery from producer to
consumer (disintermediation)
- Direct downloading of products online
- Middle man in supply chain cut off
- Push media (websites) vs social networking tools
 Diploma in Law (Malta)

Digitisation: Convergence
Click to edit Master title style
• Clicktechnological
The to edit Master textmerger
stylesof several industries - computers,
communications,
• Second level consumer electronics, entertainment, and mass
media• Third
- through
level various devices that exchange information in
common•electronic,
Fourth level or digital, formats.
• Fifth level
 Diploma in Law (Malta)

ClickRegulation:
ICT What
to edit Master titleisstyle
Law?
• Regulation
Click to edit –Master
creates,
textlimits,
stylesor constrains a right; creates or limits a
duty; or allocates
• Second level a responsibility.
• Many forms:
• Third level laws, rules, obligations, social norms etc.
• Fourth level
• Fifth level
• Law – A set of rules that guides/govern our conduct in society and is
enforceable through public bodies.
 Diploma in Law (Malta)

Why is edit
Click to Law Master
important
title in the ICT sector?
style
• Responsibility (the liability
Click to edit Master for damages arising from breaches of the law).
text styles
• Second level
• Trust • (the commercial and personal trust necessary for electronic
Third level
transactions).
• FourthExamples
level of laws fostering trust:
• Fifth level
• The General Data Protection Regulation (EU Regulation 2016/679)

• Ownership (of intellectual property and information). Examples of laws

ensuring ownership:
• Trademarks Act, Chapter 597 of the Laws of Malta
• Patents and Designs Act, Chapter 417 of the Laws of Malta
• Copyrights Act, Chapter 415 of the Laws of Malta
 Diploma in Law (Malta)

Computer Misuse: Legal Issues related to

Click to edit Master title style
Computers
• Hacking
Click to edit Master text styles
• Second level
• Encryption
• Third level
• Censorship • Fourth level

• Harassment and DOS Attacks

• Fifth level

• Defamation
• Copyright & Trademark infringement
• Privacy & data protection
• Illegal Content
 Diploma in Law (Malta)

Click to editMisuse
Computer Masteras a Crime
title style
•A crime
Click to editis Master
an acttext
that violates a political, religious, or moral
styles
command
• Second levelconsidered important in protecting the interests of the
State• or the
Third welfare of its citizens or subjects.
level
• Fourth level
• Fifth level
 Diploma in Law (Malta)

Click to editMisuse
Computer Masteras a Crime
title style
-• A crime
Click or Master
to edit criminaltext
offence
styles - violation of a criminal law
• Second level
- Criminal law
• Third levelsets out types of behaviour that are forbidden
within society and if the behaviour occurs, then punishment
• Fourth level
will • Fifth level follow

- The State prosecutes in a court of law, a person (defendant)

who commits a crime

If found guilty a defendant is also punished by the State (e.g.

imprisonment, fine (criminal) etc)
 Diploma in Law (Malta)

Click to editMisuse
Computer Masteras a Crime
title style
• The
Clickprosecution must
to edit Master textprove
stylesbeyond reasonable doubt all elements
of• that offence
Second level
• Third level
• The burden of proof is upon the prosecution
• Fourth level
• Fifth level

• The elements of an offence are:

• The actus reus (the act)
• The mens rea (mental state)
 Diploma in Law (Malta)

Click to editCrime
Computer Master title style
• Crime
Click toinvolving computers
edit Master and networks – obtain, store, manipulate,
text styles
transmit
• Secondinformation
level
• Third level
• Fourth level
• Illegal behavior committed
• Fifth level by means of, or in relation to, a
computer system or network

• The perpetrator uses special knowledge about computer

technology
• Includes cybercrime = use of special knowledge of
cyberspace/internet/computer networks
 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
• Computer-assisted crimes
Click to edit Master text styles
Computer
• Second levelused to support old criminal activity, without them e.g. fraud,
theft, child
• Third levelpornography, copyright infringement
• Fourth level
• Fifth level
• Computer-focused crimes
• New crimes emerges as a result of computers e.g. hacking, viruses, denial of
service attacks.
 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
-• Classification of text
Click to edit Master cybercrime
styles (Council of Europe Convention on
Cybercrime 2001 ) - the “Budapest Convention”
• Second level
• Third level
1. Offences against
• Fourth level the confidentiality, integrity and availability of computer
data and systems.
• Fifth level
2. Computer-related offences.
3. Content-related offences.
4. Copyright and trademark related offences.

(see ITU, 2012, p12)

 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
• Click to edit Master
1. Offences text
against the styles
confidentiality, integrity and availability of computer data
and systems.
• Second level
• Third level
• Illegal access (e.g.,level
• Fourth hacking, cracking)
• Fifth level
• Illegal data acquisition (e.g., data espionage)
• Illegal interception (e.g., intercepting communications between users)
• Data interference (e.g., deletion of data by viruses)
• System interference (e.g., denial of service attacks)

(see ITU, 2012, p12)

 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
• Click to edit Master offences
2. Content-related text styles
• Second level
• Erotic• or pornographic
Third level material (excluding child pornography) – depends
on a country’s
• Fourthlaws
level
• Child pornography
• Fifth level& extreme pornography
• Racism, hate speech, glorification of violence
• Religious offences
• Illegal gambling and online games
• Libel and false information
• Spam and related threats
• Other forms of illegal content
(see ITU, 2012, p12)
 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
• Click to edit Master text styles
3. Copyright and trademark related offences
• Second level
• Third level
• Copyright-related
• Fourth level offences e.g. Circumvention of digital rights
management (DRM)
• Fifth level systems.

• Trademark-related offences e.g. Use of trademarks in criminal

activities to mislead users.

(see ITU, 2012, p12)

 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
• Click to edit Master text styles
4. Computer-related offences
• Second level
• Third level
• Fraud and computer-related
• Fourth level fraud
• Fifth level
• Computer-related forgery
• Identity theft
• Misuse of devices

(see ITU, 2012, p12)

 Diploma in Law (Malta)

Click to editCrime:
Computer MasterTypes
title style
Europol 2021: Internet organised crime threat assessment (IOCTA)
-• Ransomware
Click to edit affiliate
Masterprograms
text styles
enable a larger group of criminals to attack big
corporations and public institutions by threatening them with multi-layered
• Second level
extortion methods
• Third level such as DDoS attacks.
- Mobile malware evolves with criminals trying to circumvent additional security
• Fourth level
measures such• as two-factor
Fifth level authentication.
- Online shopping has led to a steep increase in online fraud.
- Explicit self-generated material is an increasing concern and is also distributed
for profit.
- Criminals continue to abuse legitimate services such as VPNs, encrypted
communication services and cryptocurrencies
 Diploma in Law (Malta)

Click to editMisuse:
Computer Criminal
Master title style Code
Click toCriminal
• Malta’s edit Master
Code text styles
(Chapter 9, Laws of Malta) regulates computer misuse
through 337B-337H
• Second level
• Third level
• Fourth level
• Based on the UK Computer Misuse Act and the Budapest Cybercrime
• Fifth level
Convention

• Drafted and defined broadly to account for ‘all’ scenarios

 Diploma in Law (Malta)

Unlawful access to, or use of, information

Click to edit Master title style
– Art. 337C
A person who without authorisation does any of the following acts shall be guilty of an offence
• Click to edit Master text styles
a) uses• aSecond
computer or any other device or equipment to access any data, software or supporting
documentation level
held in that computer or on any other computer, or uses, copies or modifies
any such•data,
Thirdsoftware
level or supporting documentation;
• Fourth level
b) outputs any data,• software
Fifth level or supporting documentation from the computer in which it is
held, whether by having it displayed or in any other manner whatsoever;

c) copies any data, software or supporting documentation to any storage medium other than that
in which it is held or to a different location in the storage medium in which it is held;

d) prevents or hinders access to any data, software or supporting documentation;

e) impairs the operation of any system, software or the integrity or reliability of any data.
 Diploma in Law (Malta)

Unlawful access to, or use of, information

Click to edit Master title style
– Art. 337C
f) takes possession of or makes use of any data, software or supporting
• Click to edit Master text styles
documentation;
• Second level
g) installs, moves,
• Third level alters, erases, destroys, varies or adds to any data, software or
supporting documentation;
• Fourth level
• Fifth level
h) discloses a password or any other means of access, access code or other
access information to any unauthorised person;

i) uses another person’s access code, password, user name, electronic mail
address or other means of access or identification information in a computer;

j) discloses any data, software or supporting documentation unless this is

required in the course of his duties or by any other law.
 Diploma in Law (Malta)

Unlawful access to, or use of, information

Click to edit Master title style
– Art. 337C
•• Any
Click person
to whoMaster
edit performstext
any styles
type of operation on a computer system or
network, without authorisation, shall be guilty of an offence under the Criminal
• Second
Code if convicted.
level
• Third level
• Article 337c provides
• Fourth levelan exhaustive list of such operations. That said, Art. 337C
was drafted in• such a manner so as to include any unauthorised possession,
Fifth level
alteration (not limited to impairment), use or distribution of the system of
network.

• Therefore, one should note that the regulator’s intention with this clause was to
prevent any form of unauthorized activity to the computer system or network.

• This has broad implications, ranging from employee activity on their employer’s
system, intellectual property rights within software, and also criminal activity
aimed at hindering such systems.
 Diploma in Law (Malta)

Pornographic Content
Click to edit Master title Depicting
style Minors
• Article
Click to 204(c) andtext
edit Master (d) styles
of the Criminal Code imposes a term of
• Second level between five and ten years upon whosever:
imprisonment
• Third level
• Fourth level
(c) knowingly causes,
• Fifth level for sexual purposes, a
person underage to participate in
real or simulated sexually explicit conduct or exhibition of sexual
organs, including through information and communication
technologies, or

(d) knowingly attends a pornographic performance involving the

participation of a person under age.
 Diploma in Law (Malta)

Tech Governance:
Click to edit Master Net
title Neutrality
style
•“The
Clickprinciple that text
to edit Master data packets on the internet should move
styles
impartially
• Second levelwithout regard to content, destination or source.”
(Murray, 2013)
• Third level
• Fourth level
• Fifth level
 Diploma in Law (Malta)

ClickNeutrality:
Net Advocates
to edit Master title style
Includes:
• Click to Consumer
edit Mastergroups, content providers, Internet founders
text styles
• Second level
• The internet should be a free an open technology.
• Third level
• Internet• plurality
Fourth level – everyone has the right to free, open access
• Preserves fundamental
• Fifth level internet standards
• Preserves end-to-end principle of the Internet
• A tiered system will favour large, well-established content
providers who can afford to pay a premium.
• Tiered system will lead to Premium service vs degraded service
• Preferential treatment of certain internet traffic will affect
competition and innovation (esp. new entrants).
• Discrimination against certain applications or data types.
 Diploma in Law (Malta)

ClickNeutrality:
Net Opponents
to edit Master title style
•Includes:
Click to Many
edit Master text stylescompanies, network operators
ISPs, Telecoms
• Second level
• Third level
• Rise of •Internet
Fourth level traffic puts burden on infrastructure hence best to
control data• rates for different types of content
Fifth level
• Allow allocation of bandwidth for more urgent applications
• Have a tiered system that would prioritise certain types of traffic for
those able to pay.
• Revenue gained by premium payers can be used to invest in better
networks and improve bandwidth
• Make more efficient use of the network (a limited resource)
 Diploma in Law (Malta)

ClickNeutrality:
Net Regulation
to edit Master title style
• EU
ClickRegulation No.text
to edit Master (EU) 2015/2120 of 27th Nov 2015
styles
• Second level
• Third level
• states thelevel principle of open internet access or “net
• Fourth
neutrality”
• Fifthfor
level the first time under European law

• clarifies the set of rights and obligations associated with this

principle. Gives some exceptions from basic net neutrality
premise. Came into force on 30th April 2016
 Diploma in Law (Malta)

ClickNeutrality:
Net Regulation
to edit Master title style
• 1. Enshrines
Click to editanMaster
end-user’s
textright to be “free to access and distribute information
styles
and content,
• Second use and provide applications and services of their choice”.
level
• Specific provisions ensure that national authorities can enforce this new right.
• Third level
• Fourth level
• 2. ISPs are •prohibited from blocking or slowing down of internet traffic,
Fifth level
except where necessary. Exceptions are limited to:
• traffic management to comply with a legal order,
• to ensure network integrity and security,
• to manage exceptional or temporary network congestion, provided that
equivalent categories of traffic are treated equally.
 Diploma in Law (Malta)

ClickNeutrality:
Net Regulation
to edit Master title style
• Internet access
Click to edit providers
Master can implement reasonable traffic management
text styles
measures
• Secondto enable an efficient use of network resources and the optimization
level
of overall transmission quality.
• Third level
• Fourth level
• Fifth level
• ‘reasonable’ means:
• Must be transparent, non-discriminatory and proportionate,
• Must not be based on commercial considerations but only on objectively different
technical quality of service requirements.
• Must not monitor the specific content of traffic.
• Must not be maintained for longer than necessary.
 Diploma in Law (Malta)

ClickNeutrality:
Net Regulation
to edit Master title style
Oneto
• Click ofedit
the exceptions to basic
Master text stylesneutrality premise:
• Second level
‘Specialised services’: providers of certain services will have access to special
• Third level
transmission
• Fourthquality
level if there is network capacity and there will not be an
adverse effect
• Fifthon overall internet access. E.g. critical services such as remote
level
surgery, driverless cars and preventing terrorist activities
 Diploma in Law (Malta)

E-Commerce issues:
Click to edit Master Smart
title style Contracts
- Anto
• Click Important Blockchain
edit Master textApplication
styles
• Second level
• Smart contracts are automated agreements that allow us to transfer money, data, property
deeds,•shares,
Third level
or anything else of value in a transparent conflict–free way without the services
• FourthAlevel
of a middleman. smart contract is always essentially based on an if/then construct. The
Ethereum platform runs
• Fifth smart contracts.
level
• Example 1: Tom & Bob enter into a bet for £40 on the outcome of a game. They do not trust
each other so will need an escrow agent (middleman) to hold the money. Instead of the
escrow agent they can agree to use a code on a blockchain (smart contract) that executes
automatically to award the money to Tom or Bob based on the outcome of the match
• Example 2: A soft drinks machine that automatically orders new drinks when the machine is
almost empty
• IF Number of bottles of soft drink = < 10
THEN Send order to soft-drink supplier
 Diploma in Law (Malta)

Click toContracts
Smart edit Master title style
A Legal
• Click Issue
to edit relatedtext
Master to styles
Blockchain Technologies = Can we enforce smart
•contracts?
Second level
• Third level
• Fourth level
Smart contracts are
prewritten software codes, and their use may present
• Fifth level
enforceability questions if attempting to analyse them within the traditional
‘contract’ definition. This is particularly true where smart contracts are built
on permissionless blockchains (no central controlling authority)
 Diploma in Law (Malta)

ClickSpecialis
Lex to edit Master title style
Examples:
• Click to edit Master text styles
• Second level
- E-signature
• Third level laws (EIDAS)
- VFA Framework
• Fourth level
• Fifth level
- EU AI Regulation
 Diploma in Law (Malta)

Click to editSignatures
Electronic Master title style
-• Click
Electronic
to signature:
edit Master “data
text instyles
electronic form which is attached to or
logically associated with other data in electronic form and which is used by
the signatory
• Second to sign
level
• Third level
- Very broad term and can take many different forms, including:
• Typing•a Fourth levela contract or into an email containing contract terms
name into
• Clicking an “I
• accept” button on a website.
Fifth level
• Pasting a signature (in the form of an image) into an electronic contract.
• Using a web-based electronic signature platform to generate:
o an electronic representation of a handwritten signature; or
o a digital signature using public key encryption technology and backed by a
digital certificate from the provider (or a trusted third party) verifying the
identity of the signatory.

- After the 2016 EU eIDAS law, e-signatures can only be used by natural persons. Legal
person (e.g. companies) use eSeals.
 Diploma in Law (Malta)

Click to editSignatures
Electronic Master title style
• “Digital signatures” are a specific technology implementation of electronic
•signatures
Click to edit Master text styles
• •Uses
Second levelkey infrastructure (PKI) technology to associate a signer
public
with• aThird level
document & to protect the signed document.
• Fourth level
• It imprints •‘time’ into the signature stamp.
Fifth level
• It is unique, Impossible to forgery, easy to authentication, impossibility
of denial etc.
• A “digital signature” offers both signer and document authentication.
• Signer authentication is the capability to identify the person who digitally signed
the document.
• Document authentication ensures that the document or transaction (or the
signature) cannot be easily altered.
 Diploma in Law (Malta)

eIDAS and Master

Click to edit Electronic
titleIdentification
style (eID)
Regulation
-• “Click to edit on electronic
Master identification and trust services for electronic
text styles
transactions in the internal market" (commonly referred as "e-IDAS"
• Second level
Regulation) replaced the Directive on Electronic Signatures (1999/93/EC) on
• Third level 01/July/2016
• Fourth level
- eIDAS establishes a legal
• Fifth level framework to support the EU-wide recognition of
electronic identification schemes (eIDs) used by Member States

- Ensures that people and businesses can use their own national electronic
identification schemes (eIDs) to access public services in other EU countries
where eIDs are available

- Mainly targets the public sector

 Diploma in Law (Malta)

EIDAS: TrustMaster
Click to edit Services
title style
•• Electronic
Click to editSignature
Master text (eSignature)
styles – used only by natural persons to sign
documents in the online world.
• Second level
• Electronic
• Thirdseal
level (eSeals) - can only be issued to and used by legal persons
(companies) to ensure origin & integrity of data/documents. An eSeal is NOT
• Fourth level
an eSignature of the legal person.
• Fifth level
• Electronic Time Stamps - electronic time stamps are issued to ensure the
correctness of the time linked to data/documents.
• Electronic registered delivery services - a secure channel for the transmission
of documents bringing evidence of (the time of) sending and receiving the
message.
• Electronic Website authentication - certificates for website authentication are
issued to ensure that users are reassured that behind the website there is a
legal person on which trustworthy information is provided.
 Diploma in Law (Malta)

Virtual
Click to Financial Assets
edit Master (VFAs) Framework
title style
• A framework supporting innovation and new technologies for
financial
• Click to services in the area
edit Master textofstyles
crypto-assets.
• Second level
• Chapter 590 of the Laws of Malta – Virtual Financial Assets Act
• Third level
definitions:
• Fourth level
• Fifth level
“Distributed Ledger Technology” means “a database system in which
information is recorded, consensually shared, and synchronised across a
network of multiple nodes as further described in the Act (chapter 590 of
the Laws of Malta).”

“DLT asset” means “(a) a virtual token; (b) a virtual financial asset; (c)
electronic money; or(d) a financial instrument, that is intrinsically
dependent on, or utilises, Distributed Ledger Technology”.
 Diploma in Law (Malta)

Virtual
Click to Financial Assets
edit Master (VFAs) Framework
title style
The to
• Click legal framework:
edit Master text styles
• Second level
• Introduction of a Financial Instrument Test with the objective to
• Third level
determine whether
• Fourth level a DLT asset, based on its specific features, is
encompassed under
• Fifth level (i) the existing EU legislation and the
corresponding national legislation, (ii) the Virtual Financial Assets
Act or (iii) is otherwise exempt.
• The Test is applicable to (i) issuers offering DLT assets to the public
or wishing to admit such DLT assets on a DLT exchange in or from
within Malta; and (ii) persons providing any service and/or
performing any activity, within the context of either the VFA Act or
traditional financial services legislation, in relation to DLT assets
whose classification has not been determined.
 Diploma in Law (Malta)

Virtual
Click to Financial Assets
edit Master (VFAs) Framework
title style
• Click to edit Master text styles
The
• SecondVFAlevelFramework establishes three types of authorisations, being
(i) •registration
Third level of VFA Agents, (ii) registration of Whitepapers, and
(iii) applications of VFA Services Providers.
• Fourth level
• Fifth level
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
•• Proposed law: focuses
Click to edit Masteron 2 areas:
text stylesexcellence in AI and trustworthy AI. The
European approach to AI will ensure that any AI improvements are based on
• Second level
rules that safeguard the functioning of markets and the public sector, and
• Third
people’s level
safety and fundamental rights.
• Fourth level
• Fifth level
• Commission published its AI package in April 2021, proposing new rules and
actions to turn Europe into the global hub for trustworthy AI. This package
consists of:
• a Communication on Fostering a European Approach to Artificial
Intelligence;
• the Coordinated Plan with Member States: 2021 update;
• a proposal for an AI Regulation laying down harmonised rules for the EU
(Artificial Intelligence Act).
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
•The
Click to edit Master text styles
AI Regulation:
• Second level
• Third level
• lays down harmonised
• Fourth level rules for the EU (Artificial Intelligence Act)
• was announced bylevel
• Fifth the Commission in April 2021
• addressed risks of specific uses of AI, categorising them into 4 different levels:
unacceptable risk, high risk, limited risk, and minimal risk
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
•The
Click to edit Master text styles
AI Regulation:
• Second level
• Third level
• “artificial •intelligence
Fourth level system” (AI system) means “software that is developed
with one or more• Fifthoflevel
the techniques and approaches listed in Annex I and can, for a
given set of human-defined objectives, generate outputs such as content,
predictions, recommendations, or decisions influencing the environments they
interact with;”
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
Examples of prohibited AI practices in the law:
• Click to edit Master text styles
• Second level
• the placing• on the
Third market, putting into service or use of an AI system that
level
deploys subliminal
• Fourthtechniques
level beyond a person’s consciousness in order
to materially distort a level
• Fifth person’s behaviour in a manner that causes or is
likely to cause that person or another person physical or psychological
harm
• the use of ‘real-time’ remote biometric identification systems in publicly
accessible spaces for the purpose of law enforcement, unless and in as far
as such use is strictly necessary for one of the following objectives
• the targeted search for specific potential victims of crime, including
missing children
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
What are considered as high risk AI Systems?
• Click to edit Master text styles
• Second level
• AI systems shalllevel
• Third be considered high-risk where both of the following
conditions are• fulfilled:
Fourth level
• (a)the AI system• isFifth intended
level to be used as a safety component of a
product, or is itself a product, covered by the Union harmonisation
legislation listed in Annex II; and,
• (b)the product whose safety component is the AI system, or the AI
system itself as a product, is required to undergo a third-party conformity
assessment with a view to the placing on the market or putting into
service of that product pursuant to the Union harmonisation legislation
listed in Annex II.
 Diploma in Law (Malta)

Proposed
Click to editEU Law on
Master titleArtificial
style Intelligence
Further compliance requirements for high risk AI Systems
• Click to edit Master text styles
• Second level
• Examples:• Third level
• Fourth level
- Risk management systems in place
• Fifth level
- Data and data governance systems in place
- Technical documentation required
- Requirements for transparency and provision of information to users
- Human monitoring / oversight
- Further requirements for robust cybersecurity measures
 Diploma in Law (Malta)

Lex Generalis
Click to edit Master title style
•Examples:
Click to edit Master text styles
• Second level
- Intellectual
• Third Property
level Laws
• Fourth level
- Data Protection Laws
• Fifth level
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw
style
• IP - The results of intellectual activity in the industrial, scientific literary or
• Click
artistictofields.
edit Master textofstyles
Creations the mind – e.g. inventions, artistic works,
literary works,
• Second leveldesigns, images etc.
• Third level
• IP - intangible
• Fourthassets,
level different to physical property
• Fifth level
• Non-rivalrous – consumption of asset by X does not affect
consumption by Y.
• Non-exclusive – X cannot prevent Y from consuming asset.

• An IP right is a right : (i) That can be treated as property

(ii) To control particular uses and (iii) of a specified type of intangible
asset.

• IP rights granted to creator(s) of work and enforced by both civil and

criminal law.
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw
style
• In Favour: Granting of IP Rights
• Click to edit Master text styles
• Second level
- To reward authors for their work
• Third level
- To prevent someone taking credit for the work of another
• Fourth level
- To encourage
• Fifth&level
facilitate innovation, creativity & individuality.

• Against

• Creating monopoly situations in the market place

• Inadequate supply to meet demand in the market.
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw
style
Main Forms:
• Click to edit Master text styles
• Second level
• Patents
• Third level
• Copyright• Fourth level
• Fifth level
• Database Right
• Trademarks
• Registered Designs
• Trade Secrets
• Breach of confidence
• Passing off
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleCopyrights
• Copyright Act, Chapter 415 Laws of Malta
• Click to edit Master text styles
• Second level
• Copyright is a property right that exists in works that can be
• Third level
protected by copyrights.
• Fourth level Examples:
• (a) paintings,
• Fifthdrawing,
level maps, plans, sculptures etc
• (b) audiovisual works
• (c) computer programs

• Copyright cannot be used to protect an ‘idea’

• Copyright protection is available only once the idea/work exists in some

tangible or permanent form (written or recorded) = fixation
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleCopyrights
•The owner
Click to editofMaster
the copyright in a work has the exclusive right to
text styles
prevent others from doing the following (amongst others):
• Second level
• Third level
• Fourth level
- copy the work
• Fifth level
- issue copies of the work to the public
- rent or lend the work to the public
- perform, show or play the work in public
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleCopyrights
• Moral rights relate to the ability of authors to control the
• Click to edit
eventual Master
fate text
of their styles
works.
• Second level
• Third level
• They cannot
• Fourthbe
levelsold/transferred but can be waived.
• Fifth level

• They must be asserted by the copyright owner.

 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleCopyrights
Exceptions to Copyright : Fair Dealing example
• Click to edit Master text styles
• Second level
- Reproductions
• Third level on any medium made by a natural person for private use
and for •ends
Fourth that
level are neither directly nor indirectly commercial, on
condition that the
• Fifth levelrightsholders receive fair compensation which take
account of the application or non-application or technological measures
to the work or subject-matter concerned.
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleTrademarks
• Trademarks Act, Chapter 597 of the Laws of Malta
• Click to edit Master text styles
• They• allow
Second level
consumers to distinguish between competing products and
services •inThird
a market
level economy
• Fourth level
• Fifth level
• Distinctive - Goods marks / service marks

• Signs capable of being represented graphically which is capable of

distinguishing goods or services of one undertaking from another. A
trademark may, in particular, consist of words, slogans, designs, combined
marks etc.

• Different methods of trademark protection: national, EU-wide,

international
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleTrademarks
• Infringement: use of identical/similar mark in relation to identical/similar
goods
• Click to edit Master text styles
Existing Trade
• Second levelMark Goods/Services Other Factor
vs Proposed Mark
• Third level
Identical • Fourth level Identical N/A
Identical • Fifth level Similar Likelihood of
Confusion
Similar Identical or Similar Likelihood of
Confusion

Identical or Similar Identical, Similar or Reputation in & use

Different for unfair advantage,
detriment to
reputation
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
stylePatents
An exclusive right to use and exploit an invention provided that that
the essential elements for patentability exists where the invention:
• Click to edit Master text styles
- is new (Novelty)
• Second level
- involves an inventive step going beyond state of the art
• Third level
- is capable •ofFourth
industrial
level
application
• Fifth level

Exclusions – Non-patentable material :

- a discovery
- scientific theory
- mathematical method
- any aesthetic creation (e.g. artistic, musical work)
- any method of performing a mental act, playing a game or doing
business
- the presentation of information
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleDomain Names
• ICANN (Internet Corporation for Assigned Names and Numbers) -
passes
• Clickresponsibility
to edit Masterto text
registrars.
styles
• Over 1500level
• Second accredited registrars worldwide each with own policies and
procedures.
• Third level
• Fourth level
• A registrant registers a domain name.
• Fifth level

• A registrar is an accredited company that takes your registration request and

reserves your domain for you at the main registry (to which it is contracted).

• A registry, operates the central database of a TLD

• A Registry has a contract with ICANN to manage a TLD.
• National registries: UK: Nominet; Malta: NIC Malta
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleDomain Names
• Domain names allocated on a first come first serve basis to genuine
registrants.
• Click to edit Master text styles
• Second level
• Third
• A domain name
level is an address to a server to identify an entity
• Fourth level
(person, company, organisation) online.
• Fifth level

• When trademarks are used in domain names without the authority

of the trademark owner then trademark law can be used to stop use
of the offending domain name
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleDomain Names
• With regards to domain names there are several commonly
accepted
• Click todisputes
edit Master that arise:
text styles
• Domain
• Secondname
level envy
• Cyber squatting
• Third level
• Parasites• Fourth level
• Fifth level
• Typosquatting
• Domain name hijacking
• Reverse domain name hijacking
• Parody
• Sucks.com disputes
 Diploma in Law (Malta)

Intellectual
Click Property
to edit Master titleLaw:
styleDomain Names
• Parasites - registering a domain name similar to a famous name.
• E.g:
• Click
Court
toobjected to thetext
edit Master usestyles
of www.yahooindia.com as a domain name
because of its similarity with www.yahoo.com.
• Second level
• Third level
• Typosquatting – registering
• Fourth level domain names with common typos of
major domain •names
Fifth levelto attempt to divert traffic to sites that benefit
the registrant.
• 1999 US case: painewebber.com took action against a site with the domain
name wwwpainewebber.com,
• E.g: www.cmn.com ; www.mcdonolds.com; microsotf.com

• Sucks.com disputes - Not an official company site but run by an

individual to rubbish the company concerned. E.g.
microsoftsucks.com
 Diploma in Law (Malta)

Datato
Click Protection
edit Master title style
• Click to edit Master text styles
• Data Privacy
• Second level vs. human rights law
• Third level
• Fourth level
• Fifth level
 Diploma in Law (Malta)

What is Personal Data?

Click to edit Master title style
• Click to edit
Personal DataMaster text styles
• Second level
• Third level
Any information relating
• Fourth level to an identified or identifiable natural person; an
identifiable person is one
• Fifth level who can be identified, directly or indirectly, in
particular by reference to an identification number or to one or more
factors specific to his physical, physiological, mental, economic, cultural
or social identity.
 Diploma in Law (Malta)

Key Definitions
Click to edit Master title style
• Click toCategories
Special edit Masterof Personal
text styles Data
• Second level
Personal •Data
Thirdthat
level reveals race or ethnic origin, political opinions,
religious or philosophical
• Fourth level beliefs, membership of a trade union, health
or sex life • Fifth level
 Diploma in Law (Malta)

Processing
Click to edit Master title style
• Click
Useto edit MasterBlocking
text styles Retrieval Destruction
• Second level
• Third level
Recording
• Fourth level Erasure Storage Gathering
• Fifth level
Dissemination Combination Disclosure Collection

Alignment Adaptation Organisation Alteration

 Diploma in Law (Malta)

Data Controller
Click to edit Master title style
Data Controller
• Click to edit Master text styles
A natural
• Secondorlevel
legal person, public
authority, agency
• Third level or other body
• Fourth level
Personal Data
which, alone• Fifth
or level
jointly
with
other, determines the purposes
and means of the processing of
personal data
Data Subject
 Diploma in Law (Malta)

Principles of Accountability – Art

Click to edit Master title style 5 GDPR
1. Fair and lawful processing
• Click to edit Master text styles
2. Data collected for specific, explicitly stated, and legitimate purposes
• Second level
3. Data not processed for any purpose that is incompatible with the reason
• Third level
for collection
• Fourth level
4. Processing adequate and relevant for the purposes of processing
• Fifth level
5. No more data is processed than is necessary and is not kept for a period
longer than necessary
6. Correct and up-to-date
7. All reasonable measures are taken to complete, correct, block or erase
data to the extent that such data is incomplete or incorrect
8. processed in a manner that ensures appropriate security of the personal
data
 Diploma in Law (Malta)

Lawfulness of Processing – Art 6

Click to edit Master title style GDPR
Six available lawful bases for processing:
• Click to edit Master text styles
• Second
• Data Subjectlevel
Consent
• Third level
• Fourth level or
• • Fifth levelfor:
Processing ‘necessary’
 The performance of a contract;
 Compliance with a legal obligation at law on DC;
 Vital interests of the DS;
 Performance of a task carried out in the public interest;
 Legitimate interest of the data controller or a third party
 Diploma in Law (Malta)

Data Subject Rights

Click to edit Master title style
 Right to Information (Privacy Notices)
• Click to edit Master text styles
 • Second
Right level
to Access (DSARs)
• Third level
 Right to Rectification
• Fourth level
• Fifth level
 Right to Withdraw Consent

 Right to Erasure (to be Forgotten)

 Right to Portability

 Right to know about Profiling

 Right to Object
 Diploma in Law (Malta)

Security and Data Breaches

Click to edit Master title style
•• Click
A DatatoBreach
edit Master text styles
• Second
a breach of level
security leading to the accidental or unlawful
destruction, loss,
• Third alteration, unauthorised disclosure of, or access to,
level
personal data transmitted,
• Fourth level stored or otherwise processed
• Fifth level
• Notification to the IDPC
(72 hours from awareness)

• Notification to Data Subjects

High risk
 Diploma in Law (Malta)

Policies
Click to edit Master title style
• • Backup
Click to edit Master text styles
policy
• Call• recordings
Second levelpolicy
• CCTV/ANRP monitoring
• Third level and recording procedure
• Clear screen and clean
• Fourth level desk policy
• Complaint submission form
• Fifth level
• Complaints register
• Data breach procedure
• Data breach register
• Data portability request procedure
• Data protection policy
• Data subject access request procedure and form

78
 Diploma in Law (Malta)

Policies
Click to edit Master title style
•• Click
DPIA policy
to edit Master text styles
• DPIA register
• Second level
• Employee policy
• Third level
• GDPR training policy
• Fourth level
• IT security policy
• Fifth level
• Joiners, movers and leavers procedure
• Retention policy
• Vehicle tracking policy
• Website privacy policy, terms of use and cookies
• Collection of consent, recording and withdrawal

79
 Diploma in Law (Malta)

Auditing – why is it necessary?

Click to edit Master title style
• Click to edit Master text styles
Before you can
• Second leveldo anything you must establish:
• Third level
1. Exactly what data
• Fourth level you are dealing with;
• Fifth level

2. Whether you are a data controller or processor; and

3. Why you’ve come to those conclusions.

80
 Diploma in Law (Malta)

Cross-Border Transfers Limitation

Click to edit Master title style
• Click to edit Master text styles
Principle:
No transfer
• Secondof level
data to countries outside the EU that do not offer an
“adequate level of
• Third protection”
level
• Fourth level
Cross-Border Data• Transfers
Fifth level may only take place if:

- the transfer is made to an Adequate Jurisdiction;

- the data exporter has implemented a lawful data transfer
mechanism; or
- or an exemption or derogation applies
 Diploma in Law (Malta)

Cross-Border Transfers of Data

Click to edit Master title style
Current list of Adequate Jurisdictions:
• Click to edit Master text styles
• Second level
Andorra,• Third
Argentina,
level Canada (commercial organisations), Faroe
• Fourth level
Islands, Guernsey,
• Fifth level
Israel, Isle of Man, Japan, Jersey, New
Zealand, Republic of Korea, Switzerland , the United Kingdom under
the GDPR and the LED, and Uruguay as providing adequate protection.
 Diploma in Law (Malta)
Transfers subject to appropriate safeguards
Click to edit Master title style
Legally Binding Instrument
Certification between authorities
• Click to edit Master text styles
• Second level 
• Third level
• Fourth level
Compliance with
• Fifth levela
Code of Conduct Binding Corporate Rules

Standard Clauses adopted Standard Clauses adopted by

by Supervisory Authority the Commission

83
 Diploma in Law (Malta)

Any Questions?
Click to edit Master title style
• Click to edit Master text styles
• Second level
• Third level
• Fourth level
• Fifth level
 Diploma in Law (Malta)

Click to edit Master title style

• Click to edit Master text styles
• Second level
• Third level
• Fourth level
• Fifth level

Diploma in Law (Malta)