Electronic Communications Networks and Services (General)

L.N. 28 of 2019

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Electronic Communications Networks and Services (General)

(Amendment) Regulations, 2019

IN exercise of the powers conferred by articles 34 and 47 of the

Electronic Communications (Regulation) Act, the Parliamentary

Secretary for Financial Services, Digital Economy and Innovation has

made the following regulations:-

(1)

The title of these regulations is the Electronic Citation and

Communications Networks and Services (General) (Amendment) commencement.

Regulations, 2019, and these regulations shall be read and construed

as one with the Electronic Communications Networks and Services S.L. 399.28

(General) Regulations, hereinafter referred to as "the principal

regulations".

(2) The regulations shall be deemed to have come into force as

on the 25th May 2018.

In regulation 3(2) of the principal regulations immediately Amends

after the definition of the words "geographic number" there shall be regulation

the principal

inserted the following new definition

regulations

"General Data Protection Regulation" means Regulation

(EU) 2016/679 of the European Parliament and of the Council

of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free

movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation);".

Regulation 57 of the principal regulations shall be Amends

regulation 57 of

amended as follows

the principal

regulations

(a)

in the marginal note of sub-regulation (1) thereof

the words "Interpretation. Cap. 440" shall be substituted by the

words "Interpretation. Cap. 586 and the General Data Protection

Regulation." and the words "the definitions in the Act and in the

Data Protection Act" shall be substituted by the words "the

definitions in the Data Protection Act and in the General Data

Protection Regulation";"

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in the definition "the Commissioner", the

words "the Data Protection Commissioner" shall be

substituted by the words "the Information and Data

Protection Commissioner"; and

(ii) in the definition "consent", the words "in

accordance with article 2 of the Data Protection Act" shall

be substituted by the words "in accordance with Article 4

of the General Data Protection Regulation" and the

marginal note thereto shall be deleted.

Regulation 63(2) of the principal regulations shall be

substituted by the following

"(2) An action under this regulation shall be

commenced within a period of one year from the date when the

aggrieved person becomes aware or ought to have reasonably

become aware, of such a contravention, whichever is the

earlier.".

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