MaltaDigital Services (Designation and Enforcement) Order, 2024: Coordinator, Hosting Notification, Penalties and Duty to Inform
Digital Services (Designation and Enforcement) Order, 2024, S.L. 418.05 (Legal Notice 66 of 2024)
In force.
A notice and action rule binding public and private bodies.
- Obligation class
- Reporting
As of .
What it requires
- If you are a provider of intermediary services in Malta and your service consists of storing information provided by recipients of the service, notify the Malta Communications Authority in writing that you provide it, within seven days of starting the service (for a service already running on , within seven days of that date) (article 8).
- If you become aware of any alleged illegal activity undertaken, or information provided, by a recipient of your service, immediately inform the competent public authority (article 15).
If you get it wrong
Penalty structure
Article 13(a) caps an administrative penalty for each infringement at six per cent of annual worldwide turnover in the preceding financial year, or one per cent for incorrect information, a failure to reply or rectify, or a failure to submit to an inspection. Article 13(b) caps a periodic penalty payment at five per cent of average daily worldwide turnover or income per day.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Malta Communications Authority, the Digital Services Coordinator for Malta under article 3, which article 9(1) makes responsible for enforcing the Digital Services Act in that role; a competent authority designated under article 3 enforces the provisions it is empowered to enforce.
What this law does
Article 3 designates the Malta Communications Authority as the Digital Services Coordinator for Malta under Article 49(1) and (2) of the Digital Services Act. Article 5(1) requires a judicial or administrative authority that issues an order to take action against illegal content to ensure that the order complies with the conditions in Article 9(2) of the Digital Services Act, and treats an order that does not as null and void for the purposes of that Act.
Article 8 requires a provider of intermediary services in Malta whose service consists of the storage of information by recipients of the service to notify the Authority in writing within seven days, counted from for a provider already offering the service and from the start of the service for any other provider.
Article 13 caps an administrative penalty for each infringement at six per cent of the provider's annual worldwide turnover in the preceding financial year, or one per cent where the infringement relates to incorrect, incomplete or misleading information, a failure to reply or rectify, or a failure to submit to an inspection.
Article 13 also caps a periodic administrative penalty payment at five per cent of the provider's average daily worldwide turnover or income in the preceding financial year per day. Article 15 requires a provider of intermediary services that becomes aware of any alleged illegal activity undertaken or information provided by a recipient of its service to immediately inform the competent public authority.
When LexLint raises it
When your app profile says your app operates a social platform.