Definition of Data

data 'means a representation of information, knowledge, facts concepts or instructions that has been prepared or is being prepared in any manner and has been processed, is being processed or is intended to be processed in an information system, a computer system or computer network. Data may be in any form or derived from any device or source, including computer memory, computer printouts, any storage media, electronic or otherwise and punched cards.'

Main Focus of Document

Makes provision in relation to e-commerce and to provide for matters connected therewith or ancillary thereto.

Target Beneficiaries or Sector

e-business, consumers

Key Elements

Makes provision for electronic contracts, signature and places the onus on service providers to ensure that all necessary information is provided to the intended consumer. The Act also prohibits the misuse of electronic information and signatures. Key sections include:

3. For the purposes of any law in Malta and subject to the other 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.
8C. (1) Without prejudice to other information requirements as may be established at law, a service provider shall make available to the recipient of the service and where appropriate or requested, to the enforcement authority responsible at law in ensuring compliance, including where applicable to the competent regulator, in a form and manner which is easily, directly and permanently accessible, the following information:
(a) the name of the service provider;
(b) the geographic address where the service provider is established;
(c) the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct
and effective manner;
(d) where the service provider is registered in a trade or similar public register, the trade or other such registerin which the service provider is entered and his registration number, or equivalent means of identification in that register;
(e) where the activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority;
(f) where the service provider is a member of a regulated profession:
(i) any professional body or similar institution with which the service provider is registered; and
(ii) the professional title of the provider and the Member State where it has been granted;

ELECTRONIC CONTRACTS
Electronic contract
9. (1) An electronic contract shall not be denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form or has been entered into wholly or partly by way of electronic communications or otherwise.
(2) For the purposes of any law relating to contracts, an offer, an acceptance of an offer and any related communication, including any subsequent amendment, cancellation or revocation of the offer, the acceptance of the contract may, unless otherwise agreed by the contracting parties, be communicated by means of electronic communications

Policy/Regulation Mirrors

Electronic Transactions Acts/Bills