Data Protection law was introduced some time ago in Malta - rather recently, and very much in line with the EU Frameworks. Malta is not party to the European Convention on data protection, however it does adhere to the principles enshrined in the EU framework, both generically as well as in the field relating to telecoms.

Although this has always been an important right of the individual, data protection is now even more important in the light of the ease with which data is processed in today's technological world.

A customer would be well-advised to ensure compliance with data protection rules when processing data relating to persons.

The Electronic Commerce Act of  2001,  is based on the E-Commerce Directive of the EU. It regulates in some detail the validity of  electronic contracts and transactions.  It also provides for rules on the transmission of  electronic  communications, provision of  signature certification, as to the time and place when the electronic  communication is deemed to have been dispatched and received.  This law is administered by the Malta Communications Authority and has constituted important developments governing sales over the Internet in Malta.

The Electronic Commerce Act regulates also the liability of  intermediary  service providers - mere conduiting, caching and hosting would fall under different rules than thos applying to the actual service provider or content provider.

Competition Law in Malta is largely based on Articles 81 and 82 of the EC Treaty and the practice developed by the European Commission and by the European Court of Justice.

The Office of Fair Trade, and the Commission for Fair Competition, deal with matters relating to violations of the Competition Act in Malta.  This Act centres around the above captioned Articles, while adapting them to the local scenario.

Services offered in this sector include actions before the said Office, as well as legal advice as to compatibility of agreements and practices with the said Act.

Formerly referred to as Telecommunications Law, this new sector encompasses a wider spectrum of services since the law now attempts be as technologically neutral as possible.

The new EU regulatory framework imposes a number of obligations on the Member States to further open up their telecom markets to competition, including lightening of authorisation regimes and reducing the number of sector-specific obligations that are imposed on market players.

This new system attempts to apply in a more generic fashion the Competition Law principles under Articles 81 and 82 of the EC Treaty. This will entail the involvement of the Competition Authorities besides the National Regulatory Authorities for Electronic Communications.

While there is one Framework Directive, the Specific Directives outline those obligations, remnants of the previous regime, which have to be applied in the absence of competition.

Malta has transposed this framework, and it is already in force.

One of ranges of services offered is within the field of company law. 

Company formation is a procedure requiring the setting up of Memorandum and Articles of Association to govern the operations of the company, particularly shareholding, directors, competence of shareholders and of directors, capital, etcetera.  The modalities of action of the new company have to be selected carefully, while the interests of all members have to be taken into account when drafting the Memorandum and Articles of Association.  Moreover, when certain changes take place within the company structure, these have to be registered with the Registry of Companies, within the Malta Financial Services Authority.

Maltese law largely reflects EU law in this field, while also having its roots in English company law.

Companies formed in Malta require the services of a company secretary, who will ensure that certain formalities are carried out and will oversee meetings of the shareholders to ensure that transactions are carried out according to law and according to the Memorandum and Articles.  This service is also offered.

Having a warrant to practise before courts at all levels in Malta, I can assist in any type of litigation and/or arbitration which a client may be faced with.

The Maltese Civil Courts can be categorised into the Court of Inferior Jurisdiction and that of Superior Jurisdiction.  The latter category is once again subdivided into the Magistrates Courts and the Small Claims Tribunal.  I have experience in all of these, and can offer my services in all respects.

The Maltese Civil Courts are the main setting for this, but the Malta Arbitration Centre is fast taking on an important role in the resolution of disputes.  My experience also extends to sittings before this Tribunal as well as other ad hoc tribunals such as Consumer Claims Tribunal, Industrial Tribunal and Electronic Communications Appeals Board.

My office is situated at:

                       9, Triq l-Erba' Qaddisin, Qormi QRM 3660

                              MALTA

Kindly contact me beforehand for an appointment, on the following telephone numbers:

                        Telephone:   +356 21493731
                        Mobile:           +356 9985 8000

                         Email: geraldine.spiteri@gmail.com

The email address indicated on this website may be used for contact.  Correspondence consisting of legal advice is generally submitted in hard format, unless it is of an urgent nature, where a soft copy precedes the printed version.

In 2001, I graduated as a lawyer, and in early 2002 I obtained my warrant to practise as a lawyer in Malta and before the Maltese Courts.  In Malta, a lawyer in possession of a warrant can practice before any court or tribunal when representing clients.

In 2003, I obtained a Magister Juris in European and Comparative Law. My main areas of study were Telecommunications Law, Information Technology Law, Intellectual Property Law, Competition Law and the Four Freedoms.

My Law degree thesis and my M. Jur. dissertation both cover the subject of telecommunications, as is more recently termed, electronic communications. The second dissertation focuses on the competition law aspect of electronic communications, since this is a fundamental feature of the liberalisation of the sector over the past fifteen to twenty years in the EU.  In view of this, telecoms law (both EU law and Maltese law) are a main area of practice.

Other areas of practice include those studied, as well as civil and commercial law in Malta.  I have in fact been involved in setting up a number of companies, and also hold the post of company secretary within them.

I have also drafted some transport law regulations during the implementation phase prior Malta's accession to the EU.

A brief description of areas of practice is or will be provided on this page.

My C.V. is attached should any reader wish to download the document.

Most of the information therein is provided in this space anyway. 

For further details, kindly make contact through the link at the bottom of this page.

CV EU Format.pdf (89.98 KB)

Course	Year of Completion
LL.M. (International Maritime Law Institute Mag. Jur. (European & Comparative Law)	2007 2003
LL.D.	2001
Dip. in Canonical Law on Marriage and Nullity	2001
Diploma of Notary Public	1999
B.A. (Legal & Humanistic Studies)	1998