Electronic Commerce (General) Regulations, 2006

L.N. 251 of 2006

ELECTRONIC COMMERCE ACT

(CAP. 426)

Electronic Commerce (General) Regulations, 2006

IN exercise of the powers conferred by article 25 of the Electronic

Commerce Act, the Minister for Competitiveness and Communications

has made the following regulations>-

The title of these regulations is the Electronic Commerce Citation.

(General) Regulations, 2006.

Regulation 3(4)

1. To the extent that the following national laws implement the Directives referred

to in the Annex to the Electronic Commerce Directive namely>

(i) the Copyright Act (Cap. 415), and the Patents and Designs Act (Cap.

417) insofar as these laws relate to copyright, neighbouring rights, rights referred

to in Directive 87#54#EEC and Directive 96#9#EC as well as industrial property

rights<

(ii) Article 5 of the Banking Act (Cap. 371) insofar as it relates to the

emission of electronic money by institutions in respect of which Member States

applied one of the derogations provided for in article 8(1) of Directive 2000#46#EC<

(iii) Undertakings for Collective Investment in Transferable Securities and

Management Companies Regulations, 2004 (Legal Notice 207 of 2004)<

(iv) European Passport Rights for Insurance Undertakings Regulations,

2004 (Legal Notice 89 of 2004).

2. The freedom of the parties to a contract to choose the applicable law.

3. Contractual obligations concerning consumer contracts.

4. Formal validity of contracts creating or transferring rights in real estate where

such contracts are subject to mandatory formal requirements of the law of the Member

State where the real estate is situated.

5. The permissibility of unsolicited commercial communications by electronic

mail.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) Unless otherwise stated in these regulations, the Definitions.

definitions in the Electronic Commerce Act shall apply.

(2)

In these regulations, unless the context otherwise

requires>

“the Act” means the Electronic Commerce Act and includes

any regulations made thereunder<

“Appeals Board” means the Communications Appeals Board

established under the Malta Communications Authority Act<

“the Authority” means the Malta Communications Authority

established under the Malta Communications Authority Act<

“commercial communication” means any form of

communication designed to promote, directly or indirectly, the

goods, services or image of a person pursuing a commercial,

industrial or craft activity or exercising a regulated profession. The

following do not in themselves constitute commercial

communications>

(a) information allowing direct access to the activity

of the person, in particular a domain name or an electronic

mail address, or

(b) communications relating to the goods, services or

image of the person compiled in an independent manner,

particularly when this is without financial consideration<

“the Commission” means the Commission of the European

Community<

“the Community” means the European Community<

“Community acts” means an act adopted by an institution of

the Community<

“consumer” includes any person who makes use of any

services regulated by the Act and, or by these regulations, and for

the purposes of regulation 14 of these regulations includes a

recipient<

“coordinated field” means requirements applicable to

information society service providers or information society

services, regardless of whether they are of a general nature or

specifically designed for them, and covers requirements with which

the service provider has to comply in respect of>

(a) the taking up of the activity of an information

society service, such as requirements concerning

qualifications, authorisation or notification,

(b) the pursuit of the activity of an information society

service, such as requirements concerning the behaviour of

the service provider, requirements regarding the quality or

content of the service, including those applicable to advertising

and contracts, or requirements concerning the liability of the

service provider,

but does not cover requirements such as those applicable to goods

as such, to the delivery of goods or to services not provided by

electronic means<

“court” means any court of law or adjudicative tribunal,

however so described, set up by law<

“Electronic Commerce Directive” means Directive

2000#31#EC of the European Parliament and of the Council of 8

June 2000 on certain legal aspects of information society services,

in particular electronic commerce, in the internal market<

“Electronic Signatures Directive” means Directive

1999#93#EC of the European Parliament and of the Council of 13

December 1999 on a Community framework for electronic

signatures<

“electronic signature product” means hardware or software,

or relevant components thereof, which are intended to be used by

a signature certification service provider for the provision of

electronic signature services or are intended to be used for the

creation or verification of electronic signatures<

“enforcement action” means any form of enforcement action,

however so described, including the imposition of any sanctions,

that an enforcement authority, including the Authority, is

empowered to take at law<

“enforcement authority” means any person who under any

law is authorised to take enforcement action, but does not include

a court<

“the European Council” means the Council of the European

Community<

“intra-Community infringement” means>

(i) an act or omission contrary to the Act or to these

regulations which takes place in Malta and which harms or is

likely to harm the collective interests of consumers residing

in a Member State or in Member States other than Malta> or

(ii) an act or omission contrary to the Act or to these

regulations by a seller or supplier who is established in Malta

and which harms or is likely to harm the collective interests

of consumers residing in a Member State or in Member States

other than Malta< or

(iii) an act or omission contrary to the Act or to these

regulations which takes place in Malta and which harms or is

likely to harm the collective interests of consumers residing

in a Member State or in Member States other than Malta where

the evidence or assets pertaining to the act or omission are to

be found in Malta<

“Member State” means a Member State of the European

Community<

“person” includes any body corporate or any body of persons

whether or not it has a legal personality distinct from that of its

members<

“qualified entity” means>

(a) a registered consumer association within the

meaning of Part IV of the Consumer Affairs Act, and a

voluntary organization recognized by the Authority as having

a legitimate interest in protecting the collective interests of

consumers>

Provided that before recognizing any such voluntary

organization as a qualified entity the Authority shall consult

with the Consumer Affairs Council as established under the

Consumer Affairs Act<

(b) in the context of regulations 3, 4 and 5 of these

regulations any enforcement authority to whom those

regulations apply<

(c) one or more independent public bodies, having a

legitimate interest in ensuring the protection of the collective

interests of consumers of any services regulated by the

Directive on Electronic Commerce in other Member States

in which such bodies exist<

(d) voluntary organizations in other Member States

whose purpose is to protect the interests referred to in

paragraph (b) of this definition in accordance with the criteria

laid down by their national law<

(e) one or more organizations recognized by the

Authority as collectively representing information society

service providers< or

(f) any qualified entity from a Member State included

in the list of qualified entities<

“regulated profession” means any profession within the

meaning of>

(a) either article 1(d) of European Council Directive

89#48#EEC of the 21st December 1988 on a general system

for the recognition of higher education diplomas awarded on

completion of professional education and training for a

duration of at least three years,

(b) or article 1(f) of European Council Directive

92#51#EEC of the 18th June 1992 on a second general system

for the recognition of professional education and training to

supplement Directive 89#48#EEC<

“service provider” means any person established in Malta

providing an information society service, and for the purposes of

regulations 9 and 14 of these regulations, includes any services

provided by a signature certification service provider.

(1) Subject to subregulation (4) of this regulation, any Internal market.

requirement that falls within the coordinated field shall apply to the

provision of an information society service by a service provider

established in Malta, irrespective of whether that service is provided in

Malta or in another Member State.

(2) Subject to subregulation (4) of this regulation, an

enforcement authority with responsibility in relation to any requirement

in subregulation (1) of this regulation, shall ensure that the provision of

an information society service by a service provider established in Malta

complies with that requirement irrespective of whether the service is

provided in Malta or in another Member State, and any power, remedy

or procedure for taking enforcement action shall be available to secure

compliance.

(3) Subject to subregulations (4) and (5) of this regulation,

no requirement shall be applied to the provision of an information society

service by a service provider established in a Member State other than

Malta for reasons which fall within the coordinated field if its application

would restrict the freedom to provide information society services to a

person in Malta from that Member State.

(4) Subregulations (1), (2) and (3) of this regulation shall

not apply to those fields set out in the Schedule to these regulations.

(5) The reference to any requirements the application of

which would restrict the freedom to provide information society services

from another Member State in subregulation (3) of this regulation does

not include any requirement maintaining the level of protection for public

health and consumer interests established by Community acts.

(1) Notwithstanding subregulation (3) of regulation 3 of these Derogations from

regulation 3.

regulations, an enforcement authority may take measures, including

applying any requirement which would otherwise not apply by virtue

of subregulation (3) of regulation 3, in respect of a given information

society service, where those measures are necessary for reasons of>

(a) public policy, in particular the prevention, investigation,

detection and prosecution of criminal offences, including the

protection of minors and the fight against any incitement to hatred

on grounds of race, sex, religion or nationality, and violations of

human dignity concerning individual persons,

(b) the protection of public health,

(c) public security, including the safeguarding of national

security and defence, or

(d) the protection of consumers, including investors,

and are proportionate to those objectives.

(2) Notwithstanding subregulation (3) of regulation 3 of

these regulations, in any case where an enforcement authority is not

party to the proceedings, a court may, on the application of any person

or of its own motion, apply any requirement which would otherwise

not apply by virtue of subregulation (3) of regulation 3 of these

regulations in respect of a given information society service, if the

application of that law or requirement is necessary for and proportionate

to any of the objectives set out in subregulation (1) of this regulation.

(3) Subregulations (1) and (2) of this regulation shall only

apply where the information society service prejudices or presents a

serious and grave risk of prejudice to an objective as stated in paragraphs

(a) to (d) of subregulation (1) of this regulation.

(4) Subject to subregulations (5) and (6) of this regulation,

an enforcement authority shall not take the measures in subregulation

(1) of this regulation, unless it -

(a) asks the Member State in which the service provider is

established to take measures and the aforesaid Member State does

not take such measures or the measures taken are inadequate< and

(b) notifies the European Commission and the Member State

in which the service provider is established of its intention to take

such measures.

(5) Nothing in subregulation (4) of this regulation affects

the commencement of any legal proceedings or the investigation of any

offence, however so described, by any enforcement authority.

(6) If it appears to the enforcement authority that the matter

is one of urgency, it may take the measures under subregulation (1) of

this regulation without first applying the requirements of subregulation

(4) of this regulation.

(7) In a case where a measure is taken pursuant to

subregulation (6) of this regulation, the enforcement authority shall

notify the measures taken, to the European Commission and to the

Member State concerned in the shortest time possible thereafter stating

the reasons for urgency.

(1) Without prejudice to the information requirements under General information

to be provided.

the First Schedule to the Act, a service provider shall make available to

the recipient of the service and where appropriate or requested, to the

competent enforcement authority and, or to the Authority, in a form

and manner which is easily, directly and permanently accessible, the

following information -

(a)

the name of the service provider<

(b) the geographic address where the service provider is

established<

(c) the details of the service provider, including his

electronic mail address, which allows him to be contacted rapidly

and communicated with in a direct and effective manner<

(d) where the service provider is registered in a trade or

similar public register, the trade or other such register in which the

service provider is entered and his registration number, or

equivalent means of identification in that register<

(e) where the activity is subject to an authorisation scheme,

the particulars of the relevant supervisory public authority<

(f) where the service provider is a member of a regulated

profession -

(i) any professional body or similar institution with

which the service provider is registered,

(ii) the professional title of the provider and the

Member State where it has been granted, and

(iii) a reference to the applicable professional rules in

the Member State of establishment and the means to access

them<

(g) where the service provider undertakes an activity that is

subject to value added tax, the identification number referred to in

article 22(1) of the Sixth Council Directive 77#388#EEC of 17th

May 1977 on the harmonisation of the laws of the Member States

relating to turnover taxes - common system of value added tax>

uniform basis of assessment< and

(h) when a service provider sends unsolicited commercial

communications, details of how users of the service can register

their choice regarding unsolicited commercial communications,

which details must be prominently displayed on the website of the

service provider and at every point where users of the service are

asked to provide information when accessing the website of the

service provider.

(2) Where the service provider refers to prices, these prices

shall be indicated clearly and unambiguously and, in particular, shall

indicate whether they are inclusive of any tax, however so described,

and delivery costs.

In addition to any other information requirements that may be

established at law, a service provider shall ensure that any commercial

communication provided by him, which constitutes or forms part of an

information society service shall -

(a)

be clearly identified as a commercial communication<

(b) clearly identify the person on whose behalf the

commercial communication is made<

(c) clearly identify as such any promotional offer, including

any discount, premium or gift, and ensure that any conditions which

must be met to qualify for it are easily accessible, and presented

clearly and unambiguously<

(d) clearly identify as such any promotional competition or

game and ensure that any conditions for participation are easily

accessible and presented clearly and unambiguously< and

(e) without prejudice to the provisions of the Data Protection

Act and of any other laws regulating data protection, clearly identify

details of how users of the service can register their choice regarding

unsolicited commercial communications, which details must be

prominently displayed at every point where users of the service

are asked to provide information.

(1) This regulation establishes and regulates the right under

these regulations to make a commercial communication which is part

of, or constitutes, a service provided by a member of a regulated

profession.

(2) Without prejudice to any other provision of these

regulations permitting a restriction or limitation of the right to which

this regulation applies, a body which at law is responsible for a regulated

profession may, in exercise of any powers vested in it at law to regulate

the activities of its members, make the exercise by a member of the

profession of the right to which this regulation applies, subject to

compliance with specified conditions as referred to in subregulation

(3) of this regulation.

(3) The conditions that may be so specified are those that

may reasonably be regarded as appropriate for the purpose of

maintaining the standing and integrity of the profession concerned and

ensuring adherence by its members to the requisite standards and, in

particular, for the purpose of ensuring -

(a)

the independence, dignity and honour of the profession,

and

(b) compliance with obligations of professional secrecy and

fairness towards clients and other members of the profession.

Subject to the provisions of regulation 9 of these regulations, No requirement for

the provision of information society services by a service provider shall prior authorisation.

not be subject to any prior authorization>

Provided that the provision of such information society services

shall be without prejudice to authorisation schemes which are not

specifically and exclusively targeted at information society services, or

which are covered by the Electronic Communications (Regulation) Act Cap. 399.

or any regulations made thereunder.

(1) For the purposes of this regulation only, “services” means Notification

requirement.

signature certification services and any such information society services

to which the provisions of this regulation may apply, consequential to

any designation that the Authority may make in accordance with

subregulation (2) of this regulation.

(2) Before providing services a service provider shall

complete and file a notice with the Authority which shall be made in

such form and include any such information as the Authority may

require>

Provided that such information shall be limited to what is

necessary for the Authority to identify the service provider and the

services he provides>

Provided further that the Authority may, with the prior

approval of the Minister, designate such other categories of service

providers to complete and file a notice in accordance with this regulation

as the Authority may from time to time consider necessary.

(3) The service provider shall notify the Authority if such a

service provider ceases to provide the notified service or if there is any

change in the details of the notice previously filed. Such notification

shall be made within thirty days of cessation of service provision or of

the change to the notified information>

Provided that service providers already providing a service

at the time of the coming into force of this regulation, shall file a notice

with the Authority within ninety days of the coming into force of this

regulation.

(4) The Authority shall establish and maintain a register of

those service providers that have notified the Authority in accordance

with this regulation. Such Register shall be accessible to the public and

shall contain such information as the Authority considers appropriate.

(1) Electronic signature products which meet the standards

Electronic signature

published by the European Commission in the Official Journal of the

European Commission, in accordance with the procedure laid down in

Article 9 of the Electronic Signatures Directive shall be presumed to be

in compliance with the requirements laid down in paragraph (f) of the

Third Schedule and of the Fourth Schedule, as applicable, of the Act.

(2) The use of electronic signature products originating from

outside Malta and which comply with Electronic Signatures Directive

shall not be subject to any restrictions.

(1) Certificates which are issued as qualified certificates

to the public by a signature certification service provider established in

a third country shall be recognised as legally equivalent to certificates

issued by a signature certification service provider established within

the Community if>

(a) the signature certification service provider fulfils the

requirements laid down in the Electronic Signatures Directive and

has been accredited under a voluntary accreditation scheme

established in a Member State< or

(b) a signature certification service provider established

within the Community who fulfils the requirements laid down in

the Electronic Signatures Directive, guarantees the certificate< or

(c) the certificate or the signature certification service

provider is recognised under a bilateral or multilateral agreement

between the Community and third countries or international

organisations.

(2) Measures taken in accordance with subregulation (1) of

this regulation shall be without prejudice to any obligations undertaken

by Malta under relevant international agreements.

During the signature verification process, the signature Signature

verification.

certification service provider shall ensure with reasonable certainty, that>

(a) the data used for verifying the signature correspond to

the data displayed to the verifier<

(b) the signature is reliably verified and the result of that

verification is correctly displayed<

(c) the verifier can, as necessary, reliably establish the

contents of the signed data<

(d) the authenticity and validity of the certificate required

at the time of signature verification are reliably verified<

(e) the result of verification and the identity of the signatory

are correctly displayed<

(f)

the use of a pseudonym is clearly indicated< and

(g) any security-relevant changes can be detected.

The Authority may, in order to ensure compliance with the Compliance audit.

provisions of the Act, from time to time issue technical guidelines as it

may consider appropriate and require a signature certification service

provider to submit to the Authority a statement concerning compliance

with the Second and, or Third Schedules of the Act and any technical

guidelines as the case may be, which statement shall be verified by

auditors independent of the service provider, and the expense of such

auditors shall be paid by the service provider>

Provided that any such auditors shall first be approved by the

Authority>

Provided further that such an audit may only be required of a service

provider at intervals of not less than one year, or if the Authority

considers that there has been a material change in operations of the

service provider or as part of an investigation conducted by the Authority

in accordance with its powers at law.

(1) Where a dispute however so described arises between

service provider and

a service provider and a consumer further to a complaint by a consumer

alleging an infringement of the Act or of such provisions of these

regulations as are enforced by the Authority, any party to such a dispute

may refer the dispute to the Authority>

Provided that in making a complaint the consumer must prima

facie show that he has been affected by the act or omission of the service

provider giving rise to the complaint.

(2) Upon receipt of any reference as aforesaid, or upon

otherwise becoming aware of any such dispute that the Authority

believes should be investigated, the Authority shall notify all the parties

to the dispute that the matter is being investigated. In doing so the

Authority shall regulate its own procedure, which procedure shall, as

far as is reasonably possible, be transparent, simple, inexpensive and

conducive to a prompt and fair settlement of the dispute, and shall afford

all parties to the dispute reasonable opportunity to make their

submissions and to produce any relevant information>

Provided that the Authority may decide not to initiate an

investigation in accordance with this regulation where it is satisfied

that other means of resolving the dispute in a timely manner are available

to the parties, or if legal proceedings in relation to the dispute have

been initiated by any party to the dispute, or if another public authority

is already investigating the same dispute.

(3) The Authority in resolving any disputes referred to it

under this regulation, may issue directives to the service provider

requiring that service provider to comply with any measure the Authority

may specify for the resolution of the dispute. Such directives may, having

regard to its determination of the dispute and to all other relevant matters,

include an order to effect the reimbursement of payments received or to

make compensation payments. Such payments may also include the

whole or part of the costs of any party relating to the engagement of a

lawyer and, or of a technical adviser in relation to any submissions

relating to the dispute.

(4) The Authority shall make publicly available any

administrative procedures it may from time to time establish in relation

to the handling of any disputes referred to it under this regulation.

(5) The provisions of this regulation shall be without

prejudice to the right of the consumer to have recourse, in accordance

with Maltese law, to any other body empowered to resolve any such

disputes and, or to any out-of-court dispute resolution processes,

however so described.

(6) In issuing a decision under this regulation, the Authority

shall state the reasons on which it is based, and shall, subject to such

requirements of commercial confidentiality as it may deem appropriate,

notify the parties to the dispute with a copy of the decision.

(7) The Authority shall publish notice of a decision given

under this regulation and shall indicate where copies of, or information

regarding the decision, may be obtained.

(1) Where the Authority feels it is reasonably appropriate Issue of a

compliance order.

or necessary for the protection of consumers, it may, of its own initiative

or on a written application to it by a qualified entity, issue a compliance

order against a service provider or any other person for one or more of

the following purposes>

(a) requiring any person to take any measures specified in

the compliance order, within the time specified in the order to

ensure that the provisions of the Act and, or the provisions of these

regulations are complied with<

(b) requiring any person to cease and desist from committing

a breach of the Act and, or of these regulations.

(2) The Authority shall when issuing a compliance order

under this regulation>

(a) notify a copy of the compliance order on each person

against whom the order is made<

(b) include with the compliance order, information about

the right to contest the order before the Appeals Board< and

(c) briefly state the reasons for issuing the compliance order,

which reasons shall be notified to each person against whom the

order is issued and, if any, to the qualifying body on whose

application the order is issued.

(3) No precautionary warrant or other similar order under

this or any other law shall be issued by the Appeals Board or by any

court or tribunal restraining or restricting the Authority from issuing a

compliance order under these regulations.

(1) Where a qualified entity wishes to seek a compliance

order, it shall submit a written application to the Authority, whereby it

by qualified entities.

must satisfy the Authority that it tried to achieve the cessation of the

infringement in consultation with either the party against whom the

order is being sought or with both such a party and another qualified

entity of the Member State in which the order or a similar injunction is

being sought>

Provided that the Authority shall only consider a written

application if the qualified entity shows to the satisfaction of the

Authority that the cessation of the infringement was not achieved within

two weeks after the request for consultation was received.

(2) Where the qualified entity is from another Member State,

the Authority shall treat the list of qualified entities published by the

Commission as conclusive proof of the legal capacity of the legal entity

to present such written application in Malta.

(3) The Authority shall, at the request of a qualified entity

from Malta, communicate to the Commission the name and objects of

such an entity and that such qualified entity should be added to the list

of qualified entities so as to facilitate the redress of inter-community

infringements.

(4) Before proceeding with the issue of a compliance order

under regulation 15 of these regulations, the Authority shall, if it

considers it to be possible and reasonable to do so, seek first to achieve

voluntary compliance by the service provider and other persons involved,

in accordance with the Act, these regulations or any other law dealing

with consumer protection.

(1) It shall be at the discretion of the Authority whether or

not to issue a compliance order after a written request by a qualified

entity has been made to it in terms of regulation 15 of these regulations.

(2) If the Authority decides not to issue a compliance order

after an application has been made to it by a qualified entity, the

Authority shall, within two days from the date of its decision not to

issue an order as sought, notify in writing the qualified entity and the

persons against whom the compliance order is sought with its decision

stating the reasons thereof.

(3) A qualified entity may within fifteen days from when it

notifies the Authority in writing with a request for the issue of a

compliance order, apply to the Appeals Board requesting the Appeals

Board to order the Authority to issue a compliance order under regulation

15 of these regulations. The person against whom the order is requested

and the Authority shall be parties to the proceedings before the Appeals

Board, and it shall be the duty of the qualified entity to notify such

other parties accordingly.

A compliance order issued by the Authority shall come into Compliance order to

take immediate

force with immediate effect.

effect.

(1) A person against whom a compliance order has been Appeal from a

compliance order.

made, may, within fifteen days, from receipt of notification of the

compliance order, appeal in writing to the Appeals Board for the

revocation or amendment of the compliance order, giving detailed

grounds for the request. The Authority and where appropriate any

qualifying entity that may have requested the issue of the compliance

order, shall be notified with the appeal and shall have fifteen days from

the date when they are notified with the appeal in which to reply.

(2) The Appeals Board may confirm, change or cancel the

compliance order as it considers appropriate, provided that in doing so

the Appeals Board shall in all instances state its reasons.

(3) Where an appeal is instituted under this regulation, the

compliance order shall remain in force unless the Appeals Board, at the

request of the party contesting the order, specifically orders that the

compliance order shall be stayed pending the outcome of the appeal,

subject to such conditions and amendments to the order as the Appeals

Board may determine.

(4) Subject to the provisions of this regulation, the provisions

of Part VIII of the Malta Communications Authority Act and of any Cap. 418.

regulations made thereunder shall govern any appeals to the Appeals

Board.

Appeals instituted under regulations 17 and 19 of these Cases to be heard

and determined with

regulations shall be heard and determined by the Appeals Board with urgency.

urgency and as expeditiously as possible>

Provided that the Appeals Board at the request of any of the parties

to the proceedings before it, may abridge any time limits established

under these regulations in relation to the conduct of the appeal before

it.

The Authority when issuing a compliance order under these

regulations, shall not be required to prove>

(a)

actual loss or damage< or

(b) actual recklessness, negligence or fault on the part of

the service provider or person against whom the order is made.

Without prejudice to the powers of the Authority and other

enforcement authorities under these regulations or under any other law,

the Authority may, in accordance with its powers under Part VII of the

Malta Communications Authority Act, take any such enforcement action

as it may consider appropriate to ensure compliance with the provisions

of the Act and of regulations 5, 6, 8, 11 and 15 of these regulations and,

or to cease and desist from any intra-Community infringement and, or

from any infringement of the Act and, or of these regulations, and in

particular may impose an administrative fine on any person who fails

to comply accordingly>

Provided that any such fine that the Authority may decide to impose

in accordance with this regulation, shall not exceed ten thousand liri for

each breach, and, or two hundred liri for each day during which such

breach persists>

Provided further that in taking any measure in accordance with

this regulation, the Authority may, where it considers appropriate, give

any such publicity as to any such measure as it may consider appropriate

in the circumstances.

(1) Without prejudice to any other powers it has at law, the

Authority may, in writing, order any person to cease and desist from

committing any intra-Community infringement and, or from acting in

breach of any of the provisions of the Act, and, or of these regulations.

(2) The Authority may in issuing an order under

subregulation (1) of this regulation, require the person concerned to

provide the Authority with a written undertaking whereby that person

agrees to cease and desist from any such breach and which undertaking

shall include any conditions as the Authority may consider necessary

in the circumstances.

(3) A person who makes a undertaking in accordance with

this regulation and who subsequently acts in breach of any conditions

stated in the undertaking, shall be liable to the imposition of an

administrative fine by the Authority not exceeding the sum of ten

thousand liri and, or two hundred liri for each day during the failure to

comply with the undertaking persists.

(1) The Authority may, for the better information of the Authority may

require publication.

public, require the service provider or person against whom the

compliance order has been issued, at their expense to communicate in

any manner the Authority considers appropriate, including publication

in at least two daily newspapers>

(a)

a copy in full or in part -

(i) of a compliance order made under regulation 15 of

these regulations and, or

(ii) a copy of an undertaking given under regulation

23 of these regulations,

or an abstract of any such order and, or of any such undertaking<

and, or

(b) a corrective statement in relation to any contravention

of the Act and, or of these regulations>

(2) Any communications required in terms of subregulation

(1) of this regulation must be made within seven days from receipt of a

notice issued by the Authority requiring the service provider or person

concerned to make any such communications. Where the said

communications are not effected as aforesaid, the Authority may proceed

to issue the communications itself and any expenses incurred by the

Authority in issuing any communications made by it in accordance with

the provisions of this regulation, shall be recoverable as a civil debt

from the service provider or person against whom the compliance order

was issued.

Any person aggrieved by a decision however so described Right of appeal.

taken by the Authority in accordance with these regulations and having Cap. 418.

a legal interest to contest such a decision may appeal to the Appeals

Board>

Provided that in the case of a contestation of any matter relating to

the issue of a compliance order as provided for in these regulations, the

procedures as stated in regulations 17 and 19 of these regulations shall

apply.

(1) The Authority may request the advice of and where

appropriate shall consult with any other enforcement authority in the

exercise of any of its functions under these regulations.

(2) In acting in accordance with any of the provisions of

these regulations, an enforcement authority shall, in all instances, first

consult and act in co-ordination with the Authority.

Regulations 3, 4, 5, 6, 7 and 8 of these regulations shall not

Non-applicability of

apply to the activities or areas listed in the paragraphs (a), (b), (c) and

(d) of the Fifth Schedule to the Act.