MaltaProcessing of Personal Data (Electronic Communications Sector) Regulations, Regulation 5, Consent for Storing or Accessing Information in Terminal Equipment
In force.
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Store information in the terminal equipment of a subscriber or user, or gain access to information stored there, only if the subscriber or user has given consent after the controller has provided clear and comprehensive information in terms of article 19 of the Data Protection Act. Technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or strictly necessary for you to provide an information society service the subscriber or user explicitly requested, is not prevented (regulation 5).
If you get it wrong
Private right of actionYes
Penalty structure
Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day during which the violation persists, determined and imposed by the Commissioner.
- Rule
- Per violation only
- As of
- Currency
- EUR
- Per violation unit
- Violation
- Per violation amount
- 23293.73
Who enforces it
Enforcement body
The Data Protection Commissioner, who must ensure compliance with the regulations (regulation 12) and determines and imposes the administrative fine (regulation 13).
What this law does
Regulation 5, sub-regulation (1) of the Processing of Personal Data (Electronic Communications Sector) Regulations allows the storing of information, or the gaining of access to information stored, in the terminal equipment of a subscriber or user only on condition that the subscriber or user has given consent, having been provided by the controller with clear and comprehensive information in terms of article 19 of the Data Protection Act.
Regulation 5, sub-regulation (2) provides that the requirements do not prevent technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as may be strictly necessary for the service provider to provide an information society service explicitly requested by the subscriber or user. Regulation 5 was substituted by Legal Notice 239 of 2011.
Legal Notice 239 of 2011 provides that it comes into force on such date as the Minister responsible for data protection may establish by notice in the Gazette. Regulation 11 entitles a person who suffers loss or damage because of a contravention of the regulations to take action before the competent court seeking compensation. Regulation 12 requires the Commissioner to ensure compliance with the regulations.
Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day the violation persists, determined and imposed by the Commissioner.
When LexLint raises it
When your app profile says your app tracks devices.