E-Commerce

Many entrepreneurs in Malta are diversifying their commercial activity and engaging in e-commerce. The Electronic Commerce Act (Chapter 426 of the Laws of Malta) provides the general framework legislation regarding electronic commerce and matters connected therewith or ancillary thereto. Part II of the Act deals with the application of legal requirements to electronic communications and transactions.

The essence of the Act is that: For the purposes of any law in Malta and subject to thevother provisions of this Act, a transaction is not deemed to be invalid merely because it took place wholly or partly by means of one or more electronic communications. There are certain exceptions, which are listed in Schedule V of the same Act (eg. Powers of attorney, contracts involving immovable property excluding lease, wills, etc…). Furthermore, If under any law in Malta a person is required or permitted to give information in writing, that requirement shall be deemed to have been satisfied if the person gives the information by means of an electronic communication, provided certain safeguards listed in the law are maintained.

Electronic contracts are also governed by this Act, with the exception of electronic signatures which removed from the purview of said Act by means of Act XXXV of 2016. Electronic signatures under Maltese law are now regulated by EU Regulation No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation), which has direct effect and does not require transposition into domestic law.

Lexvirtualis™ can assist you with the following:

• Opening a company and other corporate services

• Any applicable licenses depending on nature of commercial activity (eg. in the case of remote gaming or financial services)

• Banking facilities and payment gateways

• Consumer protection law (especially relating to distance selling)

• Data protection (especially the GDPR)

• Intellectual property – such as trademarks, designs, copyright

• Digital marketing, advertising and social media

• Taxation

• Jurisdictional issues, ADR and litigation