L.S. 591.04 Regolamenti dwar l-Aċċess Ġust għad-Data u l-Użu tagħha

(1)The title of these regulations is the Fair Access to and Use of Data Regulations. Citation and scope.

(2)These regulations implement the requirements of the provisions of Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act). 2. requires:

(1)In these regulations, unless the context otherwise "Act" means the Malta Digital Innovation Authority Act; Interpretation. Cap.

1. "competent authorities" means the Malta Digital Innovation Authority and the Malta Communications Authority; "Malta Communications Authority" means the Malta Communications Authority established by virtue of article 3 of the Malta Communications Authority Act;   Cap.
2. "Malta Digital Innovation Authority" means the Malta Digital Innovation Authority established by virtue of article 5 of the Malta Digital Innovation Authority Act; and   Cap.
3. "Regulation (EU) 2023/2854" means Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act).

(2)Any terms which are not defined in these regulations shall have the same meaning as assigned to them in Regulation (EU) 2023/2854: Provided that unless the context otherwise requires, terms used in these regulations, which are not defined in Regulation (EU) 2023/2854 and which are not herein defined, shall have the same meaning as that assigned to them in the Act and in the Malta Communications Authority Act.      Cap. 418. 3. For the purposes of Article 10 of Regulation (EU) 2023/ 2854, the Malta Digital Innovation Authority shall certify a dispute Certification of dispute settlement bodies. 2 [ S.L. 591.04 FAIR ACCESS TO AND USE OF DATA settlement body established in Malta, at the request of such body, where it has been demonstrated that it meets all of the following conditions: (

1. a)it is impartial and independent, and it determines its decisions in accordance with clear, non-discriminatory and fair rules of procedure; (
2. b)it has the necessary expertise, in particular in relation to fair, reasonable and non-discriminatory terms and conditions, including compensation, and on making data available in a transparent manner, allowing the body to effectively determine those terms and conditions; (
3. c)it is easily accessible communication technology; and through electronic (
4. d)it is capable of adopting its decisions in a swift, efficient and cost-effective manner in at least one official language of the Union. Designation of competent authorities. 4.

(1)The Malta Digital Innovation Authority shall be designated as the competent authority responsible for the application and enforcement of all the provisions of Regulation (EU) 2023/2854 with the exception of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35.

(2)The Malta Communications Authority shall be designated as the competent authority responsible for the application and enforcement of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 of Regulation (EU) 2023/2854.

(3)For the purpose of enforcing the provisions of Regulation (EU) 2023/2854, the Malta Digital Innovation Authority and the Malta Communications Authority shall have all the powers conferred by the provisions of Regulation (EU) 2023/2854 including those powers conferred on the competent authorities by Articles 37

(5)and 37

(14)of Regulation (EU) 2023/2854. Designation of data coordinator. 5. The Malta Digital Innovation Authority shall be designated as data coordinator to facilitate cooperation between the competent authorities and to assist entities within the scope of Regulation (EU) 2023/2854 on all matters related to its application and enforcement. Right to submit a complaint. 6. Without prejudice to any other administrative or judicial remedy, natural or legal persons who have their habitual residence, place of work or establishment in the territory of Malta shall have the right to submit: (

1. a)a complaint with the Malta Digital Innovation FAIR ACCESS TO AND USE OF DATA [ S.L. 591.04 Authority individually or, where relevant collectively, if their rights under Regulation (EU) 2023/2854 other than in relation to Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 have been infringed; and (
2. b)a complaint with the Malta Communications Authority individually or, where relevant collectively, if their rights under Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 of Regulation (EU) 2023/2854 have been infringed. 7.

(1)An appeal shall lie before the Administrative Review Tribunal from any decision taken by the competent authorities, respectively in accordance with these regulations, in their application and enforcement of Regulation (EU) 2023/2854 or pursuant to their respective failure to act on a complaint submitted in accordance with regulation 6. Right to an effective judicial remedy.

(2)The provisions of the Administrative Justice Act, in so far as they apply to the Administrative Review Tribunal, shall apply to any proceedings before the said Tribunal. Cap. 490.

(3)For the purposes of these regulations the word "decision" shall have the same meaning attributed to it in the definition "administrative act" in the Administrative Justice Act.    Cap. 490.

(4)There shall be a right of appeal from decisions of the Administrative Review Tribunal to the Court of Appeal in accordance with the provisions of Part IV of the Administrative Justice Act.    Cap. 490. 8.

(1)In relation to the enforcement of Regulation (EU) 2023/2854 by the Malta Digital Innovation Authority, articles 42, 43, 44 and Part IX of the Act shall apply to any infringement of the provisions of Regulation (EU) 2023/2854 with the exception of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 thereof. Infringements.

(2)In relation to the enforcement of Regulation (EU) 2023/ 2854 by the Malta Communications Authority, Part VI of the Malta Communications Authority Act shall apply in relation to any infringement of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 of Regulation (EU) 2023/2854.   Cap. 418.

(3)Without prejudice to the provisions of the Act and of the Malta Communications Authority Act, due regard shall be had to the recommendations of the European Data Innovation Board and the following non-exhaustive criteria for the imposition of penalties for infringements of Regulation (EU) 2023/2854:  Cap. 418. (

1. a)the nature, gravity, scale and duration of the infringement; (
2. b)any action taken by the infringing party to mitigate or remedy the damage caused by the infringement; 3 4 [ S.L. 591.04 FAIR ACCESS TO AND USE OF DATA (
3. c)any previous infringements by the infringing party; (
4. d)the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses may be reliably established; (
5. e)any other aggravating or mitigating applicable to the circumstances of the case; and factor (
6. f)the infringing party’s annual turnover in the preceding financial year in the European Union.

(4)The Malta Communications Authority may prior to initiating any proceedings in relation to an infringement of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 consult with the Malta Digital Innovation Authority and, or any relevant person.