Measures) (Amendment) Regulations, 2024

L.N. 48 of 2024

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Online Intermediation Services for Business Users (Enforcement

Measures) (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 47 of the

Electronic Communications (Regulation) Act, the Minister responsible

for communications after consultation with the Malta Communications

Authority has made the following regulations:-

The title of these regulations is the Online Intermediation Citation.

Services for Business Users (Enforcement Measures) (Amendment)

Regulations, 2024 and these regulations shall be read and construed as

one with the Online Intermediation Services for Business Users S.L. 399.49.

(Enforcement Measures) Regulations, hereinafter referred to as the

"principal regulations".

The principal regulations shall be amended as follows

General

amendments to

the principal

(a) the word "breach", wherever it occurs, shall be

regulations.

substituted by the word "infringement"; and

(b) the words "Regulation 2019/1150", wherever they

occur, shall be substituted by the words "Regulation (EU) 2019/

1150".

Regulation 4 of the principal regulations shall be Substitutes

regulation 4 of

substituted by the following new regulation

the principal

regulations.

" Action by a

(1) A business user may file an application

business user

before the Civil Court to

or a corporate

website user.

(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

(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

(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

(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.".

4. Regulation 5 of the principal regulations shall be

substituted by the following new regulation

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.".

5. After regulation 6 of the principal regulations there shall be

added the following new regulation

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.".

€0.18