Guidelines further to publication of the Online Intermediation Services for Business Users (Enforcement Measures) Regulations, 2021 (hereafter ‘the Regulations’)
1.What is the purpose of these Regulations
The purpose is twofold:
(a) to have in place enforcement tools whereby a business user can seek redress before the Civil Court if there is non-compliance by the provider of an online intermediation service with the certain obligations onerous on any such provider as stated in Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (hereafter the ‘EU Regulation’); and
(b) to enable a designated organisation, association or public body to apply to the Civil Court to stop or prohibit non-compliance with certain articles of the EU Regulation by a provider of an online intermediation service or a provider of an online search engine
2. Who may designate organisations, associations or public bodies and to what conditions must they satisfy to be so designated?
The Minister responsible for communications after consulting the Malta Communications Authority (hereafter ‘MCA’) may further to a request by an organisation, association or public body, designate any such organisation, association or public body, provided it complies with the requirements provided for in Article 14 of the EU Regulation.
3. What redress may a business user seek?
A business user may seek redress before the Civil Court against a provider of online intermediation services for any loss or damage suffered as a result of non-compliance by such a provider with Articles 3, 4 and 8 of the EU Regulation.
4. What action can a designated organisation, association or public body take?
A designated entity may apply to the Civil Court for a court order to stop or prohibit non-compliance -
- In the case of a provider of an online intermediation services with Articles 3 to 12 of the EU Regulation; and, or
- In the case of a provider of an online search engine with Articles 5 and, or 7 of the EU Regulation.
5. Where can I obtain further information?
You can contact the MCA. Queries relating to these Regulation may be forwarded to ecommerce.mca@mca.org.mt or by calling the MCA on tel. 21336840.
The European Regulation is available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1150&from=EN whilst the national law implementing the Regulation is at https://legislation.mt/eli/sl/399.49/eng .
Disclaimer:
The above is only intended as a guideline to the user/reader and has no effect at law and is without prejudice to the regulations themselves. The regulations shall apply at law and in case of doubt or conflict shall prevail over these guidelines.