MaltaMalta Digital Innovation Authority Act, Article 6A, Market Surveillance Enforcement Powers of the Authority
Malta Digital Innovation Authority Act (Cap. 591), art. 6A
In force.
An AI governance rule binding public and private bodies.
- Obligation class
- Governance
- Audit expectation
- on_request
As of .
What it requires
- If you are an economic operator whose product falls under European Union harmonisation legislation that the Malta Digital Innovation Authority enforces as market surveillance authority, provide the documents, technical specifications, data or information on compliance that it requires, including access to embedded software where needed to assess compliance (Article 6A(1)(a)).
- Allow the Authority's unannounced on-site inspections and its entry to premises, land or means of transport that you use for your business (Article 6A(1)(d) and (e)).
Who enforces it
Enforcement body
The Malta Digital Innovation Authority, for the functions where it has been designated as market surveillance authority, under Article 6A(1) of the Malta Digital Innovation Authority Act.
What it makes you log
Who may demand the log
Regulator
Logging duty
Article 6A(1)(a) lets the Authority require economic operators to provide documents, technical specifications, data or information on compliance, which cannot be produced without records kept to hand over. It names no log format, content or retention period.
- Kind
- Implicit
- As of
- Provision
- Article 6A(1)(a)
- Trigger
- high_risk_systems
What this law does
Article 6A(1) of the Malta Digital Innovation Authority Act gives the Authority, for functions where it is designated as market surveillance authority, the powers listed in Regulation (EU) 2019/1020 and other European Union legislation.
Those powers include requiring economic operators to provide documents, technical specifications, data or information on compliance, including access to embedded software where that is necessary to assess a product's compliance with European Union harmonisation legislation. They also include carrying out unannounced on-site inspections and physical verifications and entering premises, land or means of transport that the operator used for its trade or business.
Where an operator fails to take corrective action, the Authority may prohibit or restrict making a product available on the market, or order that it is withdrawn or recalled. The Authority may also impose administrative penalties in accordance with Article 41 of Regulation (EU) 2019/1020. Article 6A was added to the Act by Act XIX of 2024. Act XIX of 2024 was assented to on .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions, deploys a chatbot, generates content with AI or trains models.