Daily, the GANADO Advocates’ lawyers are writing new legal updates, to bring you the latest developments with regards to COVID-19 (Coronavirus) and Maltese law.

If you have any specific queries in relation to the COVID-19 virus, don’t hesitate to get in touch with our dedicated team.

 

 


 

Employment & Industrial Relations


Webinar: The COVID-19 pandemic from a Maltese employment law perspective – Benefits and other FAQs, 31 March 2020

Do you need guidance on benefits, remote working, remedies and DIER applications, workers representatives, quarantine leave or the vulnerable persons? Are you concerned about the legal responsibilities…[Read more]


COVID-19: Employment Related Benefits Table Malta, 30 March 2020

Download this document to find out more about the COVID-19 employment related benefits for Malta…[Read more]


COVID-19: New Malta Legal Notice on Quarantine Leave, 16 March 2020

At some point, over the last 48 hours, the Government of Malta has issued a Legal Notice on Quarantine Leave. The essence of the legal notice is that, all those persons who are told to stay on quarantine leave by government order…[Read more]


Webinar: The COVID-19 pandemic from a Maltese employment law perspective, 14 March 2020

Are you an employer who is confused by all the incoming requests by employees in relation to COVID-19? Are you unsure how to tackle some of the legal issues that are thrown your way? If so, this webinar is the perfect opportunity for you … [Read more]


A Coronavirus conundrum – What legal entitlements apply to employees in quarantine?, 26 February 2020

As all news items on coronavirus (COVID-19) keep gaining momentum, so do the related employment law questions which surround this ever-spreading virus…[Read more]


 

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Financial Services


ESMA Risk Assessment Update in light of COVID-19, 3 April 2020

On the 2 April 2020, the European Securities and Markets Authority (ESMA) updated its risk assessment to account for the impact of COVID-19…[Read more]


MFSA Circular on Customer Protection and Complaints Handling Processes, 26 March 2020

On 25 March 2020, MFSA issued a circular reminding firms of its expectations of the measures that they should have in place regarding complaints handling…[Read more]


Interim Measures for the Processing of Physical Documentation, 25 March 2020

The Malta Financial Services Authority (“the Authority”) have issued a circular stating that documentation to be submitted to the MFSA shall as of the 24 March 2020 be submitted electronically. Such an approach shall be taken until further communications are made…[Read more]


MFSA extends Regulatory Reporting deadlines for Regulated Firms due to COVID-19 outbreak, 24 March 2020

In light of the COVID-19 outbreak and its effects on the financial services sector, the MFSA has taken a decision to extend some of the regulatory reporting deadlines for the submissions that fall due this month or next month. In this regard, the MFSA has published…[Read more]


 

Investment Services & Funds

ESMA Public Statement on the Publication of Best Execution Reports, 3 April 2020

On 31 March 2020, the European Securities and Markets Authority (“ESMA”) issued a public statement clarifying issues regarding the publication by execution venues and firms of the best execution reports required under…[Read more]


COVID-19: MFSA Circular on ESMA’s Position on SFTR Backloading, 1 April 2020

The MFSA Circular on Regulation (EU) No 2015/2365 (“SFTR”) on Securities Financing Transactions issued on the 27 March 2020 is addressed to all market participants, particularly entities which enter into securities financing transactions falling under the…[Read more]


MFSA Notice to Consumers, 26 March 2020

On 24 March 2020, the MFSA issued a circular providing information to the general public on consumer protection measures being taken by the Authority in relation to COVID-19. The MFSA re-assured consumers…[Read more]


The Recording of Telephone Conversations under MiFID II: Clarification by ESMA, 25 March 2020

The COVID-19 pandemic has spread like wildfire; it has created difficulties across the globe and has effected not just our economies, but also our societies, healthcare and financial institutions, all of which have had to acclimatise to this global crisis…[Read more]


ESMA Public Statement: Postponement of the reporting obligations under the Securities Financing Transactions Regulation (“SFTR”), 20 March 2020

In a Public Statement issued by the European Securities and Markets Authority (“ESMA”) on 18 March 2020, ESMA acknowledges that it was made aware of the pressure being made on the financial industry to comply with the new regulatory obligations under Regulation 2015/2365…[Read more]


COVID-19: MFSA Circular on Contingency Planning for Licence Holders, 20 March 2020

On March 13, 2020, the Malta Financial Services Authority (the “MFSA”), indicating that it is closely monitoring the impact of COVID-19 on Investors, Investment Firms, Custodians, Fund Managers and Collective Investment Schemes (the “Licence Holders”) and the need for such Licence Holders to take into consideration the impacts of COVID-19 on their business… [Read more]


Short-Selling Regulatory Update amidst the COVID-19 Pandemic, 18 March 2020

The current COVID-19 pandemic has undoubtedly, already had a negative impact on the financial market within the European Union (“EU”). Both the European Securities and Markets Authority (“ESMA”) and the National Competent Authorities (“NCA”), including the Malta Financial Services Authority, have hastily began taking measures which attempt to mitigate…[Read more]


 

Banking

MFSA issues Circular to Credit Institutions on Dividend Distributions or Share Buybacks, 3 April 2020

On 2nd April, the Malta Financial Services Authority (the “MFSA”) issued a circular to credit institutions on dividend distributions or share buybacks. In the Circular the MFSA announces that it shall be adopting the Recommendation of the ECB of 27 March 2020 on dividend distributions during the COVID-19 pandemic…[Read more]


EBA Statement on Supervisory Reporting and Pillar 3 disclosures in light of COVID-19, 2 April 2020

On 31 March 2020, the European Banking Authority (EBA) has issued a new statement on supervisory reporting and Pillar 3 disclosures in light of COVID-19. This statement provides further possible actions to be taken by…[Read more]


ECB Recommendation on Dividend Distribution during the COVID-19 Pandemic and Repealing Recommendation ECB/2020/1, 30 March 2020

On 27 March, 2020 the European Central Bank (“ECB”) issued a recommendation whereby it held that the conservation of capital resources by credit institutions should take priority at present over discretionary dividend distributions and share buy-backs amid…[Read more]


COVID-19: European Central Bank (ECB) announces €750 billion Pandemic Emergency Purchase Programme (“PEPP”), 23 March 2020

Given the market volatility of the past week or so, the US Federal Reserve recently announced that it would be slashing interest rates to near zero levels – which is as low as it can be without going negative. In addition, it also announced a $700 billion quantitative easing programme to help the economy…[Read more]


 

Insurance

COVID-19: The effects on the insurance industry and how to flatten the curve, 24 March 2020

The world is certainly going through turbulent times. This article is being penned whilst the author is under mandatory quarantine and self-imposed isolation, giving him the time and space to reflect on how our world is changing from one day to the next and trying to answer the perennial questions of how this situation came about, why we were not prepared for it and whether we should…[Read more]


 

Capital markets

COVID-19: Capital Markets Update – Further Extensions Of Reporting Deadlines, 27 March 2020

The European Securities and Markets Authority (ESMA) has just issued a public statement to promote coordinated action by National Competent Authorities (NCAs), including the Malta Financial Services Authority (MFSA) regarding issuers’ obligations to publish periodic information for reporting periods ending on…[Read more]


COVID-19: Capital Markets Update – Extension Of Reporting Deadlines, 23 March 2020

Late last week, the MFSA published a circular to inform the market that in light of the COVID-19 situation, it will be extending (or is willing to extend) a number of reporting deadlines. The key extensions for the Capital Markets industry relate to…[Read more]


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Corporate/Business Issues


COVID-19: European Union issues Guidelines in relation to Foreign Direct Investment, 27 March 2020

The COVID-19 pandemic has shocked the economy of the European Union thereby exposing many businesses and other strategic industries to adverse risks. In a communication issued on the 25th March 2020, the European Commission…[Read more]


Publication of Notice by the Malta Business Registry: Additional COVID-19 Measures, 25 March 2020

On 25th March 2020, the Malta Business Registry (the “MBR”) published an important notice on its website in relation to the following matters…[Read more]


COVID-19: Taxing Times for the Economy, 20 March 2020

Over the last week, many countries have announced a variety of economic measures aimed at relieving the distress many businesses are facing due to the coronavirus pandemic. Germany has arguable gone the furthest, by promising unlimited liquidity assistance to small and large businesses alike, along with a massive expansion of loans offered by the state development bank (KfW), with shorter application times…[Read more]


Aviation Flu: the economic impact of COVID-19 takes-off, 12 March 2020

2020 has greeted us with open arms and a solid handshake – triggering the swift spread of the novel coronavirus (covid-19) across the world. Medical advice is clear: the coronavirus is of most risk to those with underlying conditions, including the elderly and anyone suffering from respiratory afflictions. However, what medical experts have failed to specify is that the same may be true for companies with pre-existing financial woes…[Read more]


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Anti-Money Laundering


Extension of period for filing FIAU’s Risk Evaluation Questionnaire (REQ), 17 March 2020

As part of the measures that the FIAU has taken in response to the Coronavirus outbreak, including in order to contribute to national efforts aimed at avoiding its spread, the FIAU has, on the 16 March 2020, announced both an extension (up to 4 May, 2020 at 17:00 hrs) for the filing of the REQ by Subject Persons (that was otherwise due by the end of March 2020) as well as a waiver of the late filing fee of EUR100…[Read more]


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Competition, State Aid and Public Procurement


The European Commission’s Guidance on COVID-19 and Public Procurement & Malta’s Approach to Emergency Procurement, 2 April 2020

On 1 April 2020, the European Commission issued a Communication entitled Guidance from the European Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis (the “Communication”)…[Read more]


COVID-19: Office for Competition provides guidance on how Concentration Notification Forms should be submitted to it, 30 March 2020

On 26 March 2020, we published an article titled ‘COVID-19: Mergers and Acquisitions must continue to be notified to the Office for Competition where the notification obligation under the Control of Concentrations Regulations applies’, which…[Read more]


COVID-19: Mergers and Acquisitions must continue to be notified to the Office for Competition where the notification obligation under the Control of Concentrations Regulations applies, 26 March 2020

The Control of Concentrations Regulations (S.L. 379.08) require the parties to a merger or acquisition to notify their transaction to the Office for Competition (OC) where the transaction brings about a lasting change of control and when in the preceding financial year…[Read more]


Force Majeure, COVID-19 and Public Contracts, 26 March 2020

During the current COVID-19 pandemic, the timely and proper performance of contractual obligations may be challenging. This includes contractual obligations assumed in public contracts concluded with public contracting authorities….[Read more]


COVID-19 and EU State aid: Malta’s Aid Measures, 22 March 2020

There have been strong calls from various industry sectors for Malta to roll-out concrete financial aid to assist undertakings based in Malta to cope with the devastating economic effects of the global COVID-19 pandemic. Malta has already implemented two aid measures over the past few days and on 18 March 2020 it announced a set of other aid measures…[Read more]


COVID-19 and the Conduct of Public Procurement in Malta, 18 March 2020

Hot on the heels of the orders issued by the Superintendent of Public Health on 13 March 2020, which were discussed here, the Department of Contracts, Malta’s central government authority, has issued a circular to all contracting authorities on how public procurement is to be conducted…[Read more]


COVID-19 and Public Procurement Remedies in Malta, 18 March 2020

Recent orders issued by Malta’s Superintendent of Public Health have directly impacted remedies available to bidders and interested parties…[Read more]


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Contractual Issues


Contracts and COVID-19, 3 April 2020

One of the main concerns affecting everyone now is what happens to contracts negotiated and entered into before the COVID-19 pandemic spread across the world in the way it has…[Read more]


Conducting Business Electronically in Testing Times, 25 March 2020

With many more individuals and businesses limited to conducting their affairs through electronic means as a result of the COVID-19 phenomenon, Paul Micallef Grimaud and Philip Formosa answer some salient questions on the legality of electronic commerce and contracts…[Read more]


Could COVID-19 trigger a ‘force majeure’ event under a Maltese law governed contract?, 23 March 2020

On 11 March 2020, the outbreak of the novel coronavirus, COVID-19 has been declared by the Director-General of the World Health Organisation to be a pandemic in view of its global spread and severity. There is no doubt that this ongoing pandemic is posing significant issues and challenges for businesses. As the restrictions on movement and international travel in Malta tighten…[Read more]


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Trusts and CSPs


MFSA Notice on Timing of Regulatory Reporting due to the Outbreak of COVID-19, 25 March 2020

On the 21st March, 2020 the MFSA published a circular it drew up the day before on the timing of certain regulatory reporting due by various licensed entities, licensed by the MFSA…[Read more]


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Data Protection


GDPR in the time of COVID-19, 27 March 2020

The Covid-19 has clearly had a global impact, forcing many industries and businesses to shift their operations and services to remote-working in light of the various measures that have been adopted by governmental authorities in an attempt to contain the spread of this pandemic and ‘flatten the curve’…[Read more]


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Shipping and Aviation


The Impact of Measures Adopted by the Maltese Authorities on the Shipping Industry in Malta, 27 March 2020

Like other industries operating in and from the Maltese Islands, the shipping industry has been negatively impacted by the spread of the COVID-19 virus…[Read more]


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Environment


COVID-19: ERA issue temporary procedures in relation to the export of waste from Malta, 2 April 2020

In light of the COVID-19 pandemic, the Environment and Resources Authority (the “Authority”) has adopted the following “temporary guidelines” in relation to the notification procedure for the transfrontier shipment…[Read more]


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Local measures


COVID-19: Measures to tackle non-essential travel between Malta and Gozo, 2 April 2020

As a further measure to tackle the spread of COVID-19, the Government of Malta has now issued Legal Notice 118 of 2020, i.e. the Mandatory Non-essential Travel between Malta and Gozo Order…[Read more]


COVID-19: Specific crowd control measures introduced, 31 March 2020

Following an announcement made by Home Affairs Minister Byron Camilleri during a press conference held on 30 March 2020, the Government of Malta has issued two interrelated legal notices aimed at deterring the congregation of individuals in public places…[Read more]


The Protection of Vulnerable Persons Order 2020, 30 March 2020

In an effort to stem the spread of COVID-19 amongst those deemed most vulnerable, the Superintendent of Public Health (by virtue of the powers vested in her in terms of the Public Health Act) has now adopted a targeted approach to “lock-down” via the issuance of Legal Notice 111 of 2020, i.e. the Protection of Vulnerable Persons Order, 2020 (the “Order”)…[Read more]


The Public Health Amendment Act (Act X of 2020), 26 March 2020

On the 25th March 2020, the Maltese parliament enacted Act X of 2020 (the “Amending Act”) intended to amend the Public Health Act (the “Principal Act”), in so far as a new proviso was added to article 27 of the Principal Act (which article grants certain powers to the Superintendent of Public Health including that of making orders)…[Read more]


Additional restrictive measures introduced in light of COVID-19, 24 March 2020

New additional restrictive measures have been announced by the Office of the Deputy Prime Minister and the Ministry for Health during a press conference which was held on Sunday 22 March 2020, which measures shall be effective as from Monday 23rd March at 8:00am. The additional measures comprise…[Read more]


COVID-19: Malta Enterprise extends deadlines for MicroInvest and Gozo Transport Schemes, 20 March 2020

On the 19th March 2020, Malta Enterprise announced the extension of submission deadlines for two separate schemes due to the disruptions caused by the COVID-19 pandemic…[Read more]


Government announces closure of public places in an attempt to contain COVID-19 outbreak, 19 March 2020

In a continued effort to ensure that the current situation regarding the COVID-19 outbreak is contained and that contagion is limited as much as possible, the Government has published the following legal notices relating to closure of places open… [Read more]


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General 


Lex Mundi Report: COVID-19 Government Support Measures, 31 March 2020

As the Lex Mundi member firm for Malta, GANADO Advocates prepared a snapshot of the policies implemented and announced for the Lex Mundi’s Report on the COVID-19 Government Support Measures…[Read more]


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Firm news


UPDATE – COVID-19: Remote working measures, 27 March 2020

GANADO Advocates has continued to closely monitor the COVID-19 outbreak and to observe the Public Health officials’ recommendations. Our priority continues to be the safety of our members and clients. In view of this, GANADO Advocates offices will now remain closed until further notice…[Read more]


COVID-19: Remote working measures, 12 March 2020

As COVID-19 (the coronavirus) continues to impact the global and local community, we would like to inform our esteemed clientele that effective from Monday 16th, GANADO Advocates will be putting in place remote working measures. In the current environment, the health and safety of everyone…[Read more]


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Our dedicated team

 

Matthew Bianchi 

Partner   

Matthew Brincat

Partner 

Simon Schembri

Partner

 

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