MT
ONLINE INTERMEDIATION SERVICES FOR BUSINESS USERS (ENFORCEMENT MEASURES) (enforcementmeasures)
Table of Provisions (8)
Statutory Text (8 Articles)
ONLINE INTERMEDIATION SERVICES FOR BUSINESS
USERS (ENFORCEMENT MEASURES)
SUBSIDIARY LEGISLATION 399.49
ONLINE INTERMEDIATION SERVICES FOR
BUSINESS USERS
(ENFORCEMENT MEASURES)
REGULATIONS
29th October, 2021
LEGAL NOTICE 405 of 2021, as amended by Legal Notice 48 of
2024.
(1)
The title of these regulations is the Online
Intermediation Services for Business Users (Enforcement Measures)
Regulations.
(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.
(1)
In these regulations, unless the context otherwise
requires
"Act" means the Electronic Communications (Regulation) Act;
"Authority" means the Malta Communications Authority, or any
other authority as may from time to time be established under the
Malta Communications Authority Act;
"Civil Court" means the Civil Court (Commercial Section)
established by article 3 of the Civil Courts (Establishment of Sections)
Order;
"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.
(1)
The Minister may, after consultation with the
Authority, for the purposes of paragraph 1 of Article 14 of Regulation
(EU) 2019/1150, designate
ONLINE INTERMEDIATION SERVICES FOR BUSINESS
USERS (ENFORCEMENT MEASURES)
(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
(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.
(1)
A business user may file an application before the
Civil Court to
(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.
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)
(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.
(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)
a copy of the court decision; and, or
(b)
a corrective statement as may be determined by
the Court.
(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
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).
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.