L.S. 399.49 Regolamenti dwar Miżuri ta’ Infurzar fir-rigward ta’ Servizzi tal-Intermedjazzjoni Online għall-Utenti Kummerċjali

(1)The title of these regulations is the Online Intermediation Services for Business Users (Enforcement Measures) Regulations. Citation and scope.

(2)The scope of these regulations is to have in place enforcement measures in compliance with Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. 2. requires:

(1)In these regulations, unless the context otherwise Interpretation. "Act" means the Electronic Communications (Regulation) Act; Cap.

1. "Authority" means the Malta Communications Authority, or any other authority as may from time to time be established under the Malta Communications Authority Act;    Cap.
2. "Civil Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Courts (Establishment of Sections) Order;  S.L.
4. "designated organisation, association or public body" means an organisation, association or public body as may from time to time be designated in accordance with regulation 3; "Minister" means the Minister responsible for communications; "Regulation (EU) 2019/1150" means Regulation (EU) 2019/ 1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services.

(2)The definitions as assigned in Article 2 of Regulation (EU) 2019/1150 shall apply to these regulations. 3.

(1)The Minister may, after consultation with the Authority, for the purposes of paragraph 1 of Article 14 of Regulation (EU) 2019/1150, designate: Designation of organisations, associations or public bodies. 2 [ S.L. 399.49 ONLINE INTERMEDIATION SERVICES FOR BUSINESS USERS (ENFORCEMENT MEASURES) (

1. a)such organisations or associations established in Malta that meet at least the requirements of paragraph 3 of Article 14 of Regulation (EU) 2019/1150, following a written request by any such organisation or association to be so designated to the Minister; and (
2. b)public bodies set up in Malta that meet the requirements of paragraph 4 of Article 14 of Regulation (EU) 2019/1150.

(2)The Authority shall communicate to the European Commission the name and purpose of any such designated organisation, association or public body. Action by a business user or a corporate website user.  Substituted by: L.N. 48 of 2024. 4.

(1)Civil Court to: A business user may file an application before the (

1. a)seek redress against a provider of online intermediation services for any loss or damage, however so described, suffered consequential to non-compliance by any such provider; and, or (
2. b)stop any non-compliance by a provider of online intermediation services: Provided that such non-compliance shall be as referred to in Articles 3 to 12 of Regulation (EU) 2019/1150 insofar as these apply to any obligation onerous on such providers.

(2)A corporate website user may file an application before the Civil Court to: (

1. a)seek redress against a provider of online search engines for any loss or damage, however so described, suffered consequential to non-compliance by such provider; and, or (
2. b)stop any non-compliance by a provider of online search engines: Provided that such non-compliance shall be as referred to in Articles 5 and, or 7 of Regulation (EU) 2019/1150 insofar as these apply to any obligation onerous on such providers. Action by a designated organisation, association or public body.  Substituted by: L.N. 48 of 2024. 5. A designated organisation, association or public body may file an application before the Civil Court requesting it to stop or prohibit the non-compliance by providers of online intermediation services and, or by providers of online search engines, as the case may be, if they consider that there has been or that there is likely to be a breach by any such provider of any of the provisions of Articles 3 to 12 of Regulation 2019/1150 insofar as these relate to an onerous obligation on any such provider. ONLINE INTERMEDIATION SERVICES FOR BUSINESS USERS (ENFORCEMENT MEASURES) [ S.L. 399.49 6.

(1)The Civil Court on receipt of an application under regulations 4 or 5, shall order the notification of the application onto the person against whom the application is filed and who is allegedly acting in infringement of Regulation (EU) 2019/1150, which person shall be entitled to reply within twenty

(20)days or such lesser period as the Court may consider appropriate in the circumstances, which period shall commence as from the date of notification upon that person. Powers of the Civil Court.

(2)The Civil Court may in determining any action brought before it in accordance with these regulations, grant any appropriate remedy on such terms as it may consider necessary to secure compliance with the requirements of Regulation (EU) 2019/1150. In doing so the Court shall have regard to all the interests involved in particular the public interest.

(3)The Civil Court may in determining any action brought before it in accordance with these regulations, also require that any provider of online intermediation services or provider of an online search engine publishes in such form and manner and to such extent as the Court considers appropriate for the purpose of eliminating any continuing effects of non-compliance: (a) (b) the Court. a copy of the court decision; and, or a corrective statement as may be determined by

(4)Unless provided otherwise in these regulations, the provisions of the Code of Organization and Civil Procedure for the hearing and determination of cases and of any appeal therefrom shall apply in relation to any actions brought under these regulations:   Cap.

1. Provided that there shall be a right of appeal from a decision of the Civil Court on a point of law to the Court of Appeal (Superior).
2. A business user, corporate website user or any designated organisation, association or public body, as the case may be, who institute any action in accordance with these regulations shall when doing so, also issue service on the Authority of a copy of the application initiating the said action only for information purposes. 3 Service of any action on the Authority. Added by: L.N. 48 of 2024.