Publications

Blockchain and Smart Contracts – Disrupting or complementing the legal community?

Authors: Jens Buedinger, James Debono
Published on October 27, 2017
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Practices: E-Money & Payment Services, General Commercial & Contract Law, Intellectual Property & Telecoms, Media & Technology
Currently blockchain technologies are disrupting and revolutionizing various industries on a global level through the use of immutable public ledgers spread over a distributed network. The blockchain’s main disruptive element in today’s commercial and economic ecosystem is its ability to eliminate the (often taken for granted) necessity to trust intermediaries to certify a transaction.

Commercial Yacht Registration in Malta

Authors: Jotham Scerri-Diacono, Jan Rossi
Published on September 29, 2017
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Practices: Ship Registration, Yacht & Superyacht Registration
Malta is rapidly becoming a flag of choice for yacht and superyacht owners. There are now over 500 superyachts greater than 24 metres in length flying the Malta flag, with the number of registered yachts increasing profoundly when yachts smaller than 24 metres in length are taken into consideration.

General Data Protection Regulation

Authors: David Borg-Carbott, Philip Mifsud
Published on September 22, 2017
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Practices: Data Protection & Privacy
The European Parliament and the Council of the European Union reached an agreement in 2015 on the main principles behind the General Data Protection Regulation 2016/679 (hereinafter referred to as the “Regulation” or “GDPR”). This Regulation, which will come into effect on 25th May 2018, was proposed in order to address the difficulties and deficiencies arising under the 95/46/EC Directive.

The MRV Regulation and reductions in greenhouse gas emissions – As it’s happening

Authors: Calvin Calleja
Published on September 15, 2017
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Practices: Environment & Planning, Ship Registration
The imposition of new environmental obligations on Maltese ships, shipowners, and ship operators was perceived as a double-edged sword for its affected subjects. While the European Union Regulation 2015/757 augured well for a reduction in greenhouse gas emissions, the competitiveness of those in the EU industry, compared to their non-EU counterparts, was thrown open to debate. For this reason, the EU and its Member States are lobbying for a global approach to combat greenhouse gas emissions. Various strides have been made in this regard spearheaded by the Marine Environment Protection Committee (MEPC) within the IMO. However, for the time being, the Regulation may be lauded as a step in the right direction.

The IOPP Renewal Survey and the Ballast Water Management Convention – In practice

Authors: Calvin Calleja
Published on September 14, 2017
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Practices: Environment & Planning, Ship Registration
Prior to the entry into force of the IMO Ballast Water Management Convention (hereinafter referred to as the “BWM Convention”) on the 8th of September 2017, a recent development that had emerged was the issue of the International Oil Pollution Prevention (hereinafter referred to as “IOPP”) certificate de-harmonisation with respect to the various key certificates of a ship.

The AIFMD and Fund Distribution in the EU

Authors: André Zerafa
Published on August 17, 2017
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Practices: Investment Funds, Investment Services Regulation
The Alternative Investment Fund Managers Directive (AIFMD) was introduced in 2013. The aim of the Directive is to regulate the provision of fund management services by fund managers to alternative investment funds. As such, it also introduces rules on the marketing of AIFs in the European Union. Malta, being a member of the EU, has fully transposed and implemented the AIFMD which has formed part of Maltese law for over three years.

Reviewing the pensions paradigm: a disruptive opportunity? (Part 2)

Authors: Jens Buedinger
Published on August 14, 2017
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Practices: Pensions Regulatory
As the dust has finally settled in the electoral arena, and the victors have taken their places at the helm of the country, the obvious question remains: what’s next for pensions? A quick view of the electoral manifesto of the now incumbent Labour government will reveal myriad proposals concerning measures that improve or boost the national pension system or ‘first pillar’. Once again these increases, tax cuts and exemptions in relation to pension income form the baseline of any electoral campaign and are for the most part well received by all the electorate.