Ships a mobile app, in Malta

Consumer Affairs Act (Cap. 378), Part IX · Read the law's page

• Do not assume Part IX answers whether standalone software is a product: article 56 defines a product as any movable and includes electricity, gas and primary agricultural products, and it is not settled whether that reaches software supplied on its own (Art. 56).
• If you manufacture a finished or processed product, a component part or a raw material, or put your name, trade mark or other distinguishing feature on a product as if you made it, you answer for damage a defect in it causes (Arts. 56 and 57).
• If you import into an EEA State a product made outside a Member State, you answer as its producer (Art. 56).
• If you supply a product and the producer cannot be identified, give the injured party the identity and full address of the producer, or of the person who supplied you, within thirty days of a written request, or you are treated as the producer, and be ready to prove that you did so (Art. 59).
• Offer the safety a person is entitled to expect, judged on all circumstances including how the product is presented and marketed, the directions and warnings you provide, the use it could reasonably be expected to be put to, and the time you put it into circulation (Art. 60(1)).
• Judge your product against the safety usually provided by other models of the same type, because it is defective if it falls short, and a better product coming later does not by itself make yours defective (Art. 60(2) and (3)).
• Be ready to prove one of the defenses if you want to be excused: that you did not put the product into circulation, that the defect probably did not exist then or arose afterwards, that it was not made for an economic purpose or in the course of your business, that the defect is due to compliance with a mandatory legal or public authority requirement, or that the state of scientific and technical knowledge when you put it into circulation could not reveal the defect, because the injured party only has to prove the damage, the defect and the causal link and not your fault (Arts. 58 and 62).
• If you make a component or a raw material, be ready to prove that the defect is attributable to the design of the product it was fitted into or to the instruction of that product's manufacturer (Art. 62(f)).
• Keep records showing when you put the product into circulation, because you carry the burden of proving that date (Art. 67(4)).
• Be ready to pay or deposit a referee's fees provisionally if a court orders it on prima facie evidence that a defect in the product caused the damage (Art. 63).
• Do not rely on a contract term, a notice or any other means to limit or exclude your liability (Art. 68).
• Answer jointly and severally with every other person liable for the same damage, and do not count on a third party's act or omission to reduce your liability (Arts. 64 and 66).

S.L. 627.03, regs. 1(3), 3(2), 3(4), 4(3), 4(5), 5, 13, 14 and Annexes I, V (L.N. 214 of 2022), Accessibility Measures (European Accessibility Act) Regulations · Read the law's page

• If you provide to consumers after 28 June 2025 an electronic communications service (other than a transmission service used for machine-to-machine services), a service providing access to audiovisual media services, the websites, mobile applications, electronic tickets and ticketing, transport information and self-service terminals of an air, bus, rail or waterborne passenger transport service, a consumer banking service, e-books and dedicated software, or an e-commerce service, make the service comply with Section III of Annex I (not for urban, suburban and regional transport services) and Section IV of Annex I, subject to regulation 14 (regs. 3(2), 4(1) and 4(3)); this implements Articles 4 and 13 of Directive (EU) 2019/882.
• Make websites, including the related online applications, and mobile device-based services, including mobile applications, accessible in a consistent and adequate way by making them perceivable, operable, understandable and robust (Annex I, Section III, paragraph (c)).
• Make the products you use to provide the service accessible under Section I of Annex I and, where applicable, Section II, and give information about how the service works, its link to those products and their accessibility characteristics and interoperability with assistive devices, through more than one sensory channel, in an understandable and perceivable way, in text formats that can generate alternative assistive formats, in fonts of adequate size and suitable shape with sufficient contrast and adjustable spacing, with non-textual content supplemented by an alternative presentation (Annex I, Section III, paragraphs (a) and (b)).
• Where you offer support services such as help desks, call centres, technical support, relay services or training, give information on the accessibility of the service and its compatibility with assistive technologies in accessible modes of communication (Annex I, Section III, paragraph (d)).
• For electronic communications services, provide real time text in addition to voice, total conversation where video is provided in addition to voice, and synchronised emergency communications by voice and text (including real time text) and, where video is provided, total conversation, transmitted to the most appropriate public safety answering point (Annex I, Section IV, paragraph (a)).
• For services providing access to audiovisual media services, provide electronic programme guides that are perceivable, operable, understandable and robust and give information about the availability of accessibility, and transmit subtitles for the deaf and hard of hearing, audio descriptions, spoken subtitles and sign language interpretation with adequate quality, synchronised with sound and video and under user control (Annex I, Section IV, paragraph (b)).
• For air, bus, rail and waterborne passenger transport services other than urban, suburban and regional transport services, give information on the accessibility of vehicles, the surrounding infrastructure and the built environment and on assistance for persons with disabilities, and information about smart ticketing, real-time travel information and additional service information; for urban, suburban and regional transport services, make the self-service terminals you use accessible under Section I of Annex I (Annex I, Section IV, paragraphs (c) and (d)).
• For consumer banking services, provide identification methods, electronic signatures, security and payment services that are perceivable, operable, understandable and robust, and keep information understandable without exceeding level B2 (upper intermediate) of the Council of Europe Common European Framework of Reference for Languages (Annex I, Section IV, paragraph (e)).
• For e-books, provide synchronised text and audio where an e-book contains audio, do not prevent assistive technology from operating properly, ensure access to the content, navigation and layout, allow alternative renditions interoperable with assistive technologies, make e-books discoverable through accessibility metadata, and ensure that digital rights management does not block accessibility features (Annex I, Section IV, paragraph (f)).
• For e-commerce services, give the information on the accessibility of the products and services being sold when you are the responsible economic operator and it is provided, and make the identification, security and payment functions, identification methods, electronic signatures and payment services perceivable, operable, understandable and robust (Annex I, Section IV, paragraph (g)).
• Where Sections I to VI of Annex I do not address a function of the service, make that function accessible by meeting the functional performance criteria of Section VII, which include at least one mode of operation that does not require vision, hearing, vocal input, perception of colour or fine motor control (Annex I, Section VII).
• Design and provide the service in accordance with the accessibility requirements of the Regulations (reg. 13(1)).
• Prepare the information required by Annex V on how the service meets the accessibility requirements, include it in the general terms and conditions or an equivalent document, make it available to the public in written and oral format, including in a manner accessible to persons with disabilities, and keep it for as long as the service is in operation (reg. 13(2); Annex V).
• Provide information demonstrating that the service delivery process and its monitoring ensure compliance of the service with point 1 of Annex V and with the applicable requirements of the Regulations (Annex V, point 3).
• Keep procedures in place so that the service stays in conformity, taking into account changes in the characteristics of the service, in the accessibility requirements and in the harmonised standards or technical specifications by which the service is declared to meet them (reg. 13(3)).
• If the service does not conform, take the corrective measures necessary and immediately inform the competent national authorities of the Member States where the service is provided, with details of the non-compliance and the corrective measures; on a reasoned request, give a competent national authority all the information needed to demonstrate conformity and cooperate on action to bring the service into compliance (regs. 13(4) and 13(5)).
• If you rely on the fundamental alteration or disproportionate burden ground in regulation 14(1), assess it against the criteria in Annex VI, document the assessment, keep the results for five years after the service was last provided and give the authority a copy on request; renew the assessment for each category or type of service when the service is altered, when the authorities responsible for checking compliance of services ask, and at least every five years (regs. 14(2), 14(3) and 14(5)).
• Do not rely on the disproportionate burden ground where you receive funding from other sources than your own resources for the purpose of improving accessibility, and send the market surveillance authority or the relevant competent authority information that you rely on regulation 14(1) for a specific service (regs. 14(6) and 14(7)); regulation 14(7) ends with the proviso that sub-regulation (1) shall not apply to microenterprises, while Article 14(8) of Directive (EU) 2019/882 exempts microenterprises only from sending that information.
• If you are a microenterprise providing services, regulation 4(5) exempts you from complying with the accessibility requirements referred to in regulation 4(3) and any obligations relating to the compliance with those requirements, and regulation 4(1) applies in accordance with regulation 4(5); regulation 2 defines a microenterprise as an enterprise which employs fewer than ten persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million (regs. 2, 4(1) and 4(5)).

S.L. 591.6, Cyber Resilience Regulations, made under Chapter 591 (Malta Digital Innovation Authority Act) · Read the law's page

• This designation does not itself add a duty beyond the Cyber Resilience Act's own: the Regulation's essential requirements and market-placement duties reach a manufacturer's product with digital elements from 11 December 2027, and its vulnerability and incident reporting duties have applied since 11 September 2026, both documented at the European Union jurisdiction level.
• Report an actively exploited vulnerability or a severe incident to ENISA's single reporting platform under the Regulation's own Article 14 and Article 16; from 11 December 2027, regulation 10 of the Cyber Resilience Regulations, 2026 designates the national CSIRT as the CSIRT designated as coordinator for Regulation (EU) 2024/2847, which article 8(1) of the Measures for a High Common Level of Cybersecurity across the European Union (Malta) Order establishes within the Malta Information Technology Agency.