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Technology

At Chetcuti Cauchi we love technology, we use technology and we advise tech companies, disruptors and innovators on all aspects of technology law.
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Summary

Our Technology Law practice group adopts a rounded approach to the legal and tax needs of our tech clients or tech-savvy clients by tapping into our wider, fully integrated firm-wide services. Our Technology Law team is built around the client's project and needs and offers an holistic corporate, commercial, tax advice as well as any of our specialist IT law services, GDPR, Cybersecurity, Telecoms law, and Intellectual Property. We advise extensively owners of or businesses in Digital Assets, Blockchain, DeFi, Web3, and Crypto sectors.

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In the fast-paced technology sector, businesses are increasingly aware of the importance of relying on lawyers who are proactive and well-informed on the continuous developments of the technology industry. Reflecting the growth of this industry over the past years, Chetcuti Cauchi Advocates has increasingly provided assistance with the legal issues in the field of Technology Law to small and medium sized businesses in Malta as well as multi-national companies with a presence in Malta, in an unconventional technology scene that transcends geographical boundaries.

Technology clients range from start-up companies to well established corporations operating in newtech sectors including app development, AI, blockchain, and cryptocurrencies which seek to obtain specialized and quality advice on business-to-business and business-to-consumer transactions. 

Artificial Intelligence (AI)

The emergence of AI and machine learning derivatives over the last century will perhaps define our technological advances and achievements in history, with the next notable technological advancement being perhaps quantum computing.

AI has made what many thought was impossible, possible - attributing human-like ‘intelligence’ into inanimate problem-solving creations we call computers. The possibilities with AI are endless and is a playground of vast possibilities for computer scientists across the globe. Naturally, as with any other technological advancement in society, regulation follows suit.

Keeping abreast with international and local legislative polices and legislative proposals is central to our ethos at Chetcuti Cauchi Advocates. Accordingly, our knowledge of the underlying technical matters and the regulatory developments allow us to advice on AI within the status quo, even where AI related legislation has only recently been enacted.

Nevertheless, cementing our technical knowledge on AI consisting mainly of code, it is protected through the Maltese Copyright Act, allowing us to dictate proprietary value and safeguard against unauthorised use thereof. However, with the enactment of the AI Act, business investing in AI must be aware of any obligations transpiring from EU legislation that may be directly applicable.

The Malta Digital Innovation Authority (MDIA)

In determining the regulatory framework, which is being prepared on AI, one may look at the Malta Digital Innovation Authority (‘MDIA’) which was set up back in 2018, the purpose of which being to oversee and foster the development of the innovative technology sector in Malta by attributing due recognition and regulation of ‘Innovative Technology Arrangements’ and related services.

Innovative Technology Arrangements and Services Act

The Innovative Technology Arrangements and Services Act (‘ITAS’) in fact crystalises the status of an Innovative Technology Arrangement (‘ITA’) and provides the possibility of certification of such ITAs – notably being distributed ledger technologies as well as decentralised ledger technologies and smart contracts, at current.

DLTs and Cryptocurrency

Whilst DLTs and cryptocurrency are mutually exclusive from each other, DLTs have facilitated the necessary platforms for cryptocurrency to thrive. Cryptocurrency has in turn utilised DLT platform bases in the form of Cyrpto exchanges and wallets to pierce the close-knitted conventional ecosystem of fiat currency and commodity derivatives, such as gold, silver, oil and any of which has an appreciative influence on fiat currency and the economy.

Our IT lawyers are well informed and conversant on both the positive opportunities which the MDIA and ITAS regimes provide in Malta for DLT platforms, as well as the revolutionary cryptocurrency regime headed under the concept of a VFA and corollary Financial Instrument Test.

Virtual Financial Assets (VFA)

With the enactment of the VFA Act in 2018, and in conjunction with the Financial Instrument Test, holders of cryptocurrencies and tokens were able to have their ownership and value duly recognised and protected in Malta. This likewise opened the way for the legitimacy of a ‘VFA’ as a store of value and medium of exchange as payment. Moreover, the Maltese Tax law regime has also incorporated the above underpinnings of the VFA regime.

We are therefore able to advise on both legal and formality related considerations for activities surrounding cryptocurrencies and tokens as well as any consequent tax implications on such. The holder of the cryptocurrencies or tokens is therefore able to make full advantages of the avantgarde and forward-thinking environment in Malta for cryptocurrency proliferation, from beginning to end.

Malta Technology Law

Building on the 2010 “Europe’s ‘Smart Island’ national strategy of developing Malta into a centre for tech-legal excellence, the  Digital Malta National Strategy 2020 further developed the frameworks to assist IT start-ups in setting up their own cost-effective operations, thus preparing Malta for the next generation of technology. This strategy has laid the fundamentals for a world class infrastructure, increased the reception of e-business by the general public, and focused on the development of an IT-geared human capital. The result: Malta becoming a centre for technology and internet-based companies to set up shop within our shores, with the confidence that the island has embarked on this project with the necessary ‘can-do’ spirit.

Malta Technology Sector

Chetcuti Cauchi provides advice on a variety of Technology Law related matters. This includes areas such as web technology, domain name planning and related disputes, intellectual property issues, technology and transfer of technology agreements, Internet Service Provider (ISP) liability, data protection, securities offerings, mergers and acquisitions, as well as advice on the legal implications of hacking, security infringements, encryption and piracy. Integral to this practice group is also providing assistance with confidentiality agreements, employment contracts, IT outsourcing arrangements, software as well as hardware supply and implementation agreements.

Malta Communications Sector

This area includes traditional telecommunications, cloud communications, software-enabled communications, advanced communication application (apps) services and communications equipment manufacturing, among others. Our firm has assisted clients in this area with confidentiality agreements, employment contracts, IT outsourcing arrangements, software as well as hardware supply and implementation agreements is also core to the telecoms sector.

Our Malta Technology Lawyers

Proficient in the incentives that Malta provides to the Technology Law sector, including incentives to the ecommerce, technology and communications industry, Chetcuti Cauchi offers tailor-made solutions to individuals seeking to benefit from a wide range of fiscal and financial benefits. Our Technology Law team includes corporate and tax advisors who ensure that the advice is multi-faceted taking into consideration all aspects of the transaction in question.  

Our Technology Law attorneys, specialised in these areas, bring knowledge and professional experience to bear in the evolving areas of IT, telecommunications and internet/ecommerce. We work closely with other colleagues in our firm, including tax advisors, accountants, intellectual property and employment lawyers. We also work hand in hand with external collaborators who might need to be roped in any particular project, including banks, government departments, auditors, payment gateways, ISPs and co-location centres. All this ensures that the solution caters for any client's diverse needs. 

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I  highly recommend the services of Chetcuti Cauchi. They assisted me as my  appointed Resident Agent with the MDIA, they fully understood my requirements  and also have a great reputation as a top law firm in Malta, making them an  ideal chioce. They delivered my project on scedule, which had a tight  deadline.

Chetcuti  Cauchi has been doing many different aspects of IP work for us for several  years, and I have always been more than satisfied with their work.    All the people at the firm with whome I have been in contact have been very  professional, efficient and quick in their efforts to assist us.    Dr Maria Chetcuti Cauchi has always kept me well informed about every angel  of the matters we have dealt with, extremely professional and I fully trust  her advice and suggestions. Another thing which I have appreciated is her  swift way of replying to our requests.I can highly recommend the firm  Chetcuti Cauchi to anybody who needs IP advice on Malta.

Dr. Chetcuti has always shown great wisdom and knowledge. He’s remarkably courteous and client-oriented.

Jean-Philippe was a key advisor to me on the general European and in particular Maltese related tax, legal, accounting and secretarial aspects of a rather complex corporate group structure. We were operating in an extremely dynamic situation, and I was most grateful for his patience and understanding when we had to scrap the last idea and start all over again. He is highly professional, responsive and is excellent at finding practical solutions to difficult situations, whatever the time of day or night. He also has an excellent relationship with his team, and the service provided by his firm is intelligent, joined up and seamless. He is good humoured and imminently likeable and I look forward to working with him again in the future.

I  approached Chetcuti Cauchi with the objective of establishing a company in  order to provide public health information management services to  collaborators throughout the European Union.From my first interaction  with them through phone discussions and emails to ongoing communications and  a visit to their offices in Valletta, I have been extremely pleased with  their professionalism, competence, and timeliness.They have been very  attentive to the specific needs of my company’s collaborations and have  provided much-valued guidance and support both in establishing the company  and in its ongoing operations.Iam very satisfied with the work so  far, and look forward to more successful interactions in the future.

Antoine is very professional and knows his field of expertise very well.

The professionalism and international collaboration of Chetcuti Cauchi’s team are a testament to their cohesive corporate culture. They are prompt in communication and consistently reliable, always delivering on their promises and never committing to tasks they cannot fulfil. This dependability gives us great peace of mind at the start of every project. In particular, we have been working with Magdalena Velkovska and Antoine Saliba Haig, who have been pivotal in building our trust in CC.

Chetcuti  Cauchi has embraced a flexible and modern approach to hybrid working. Rather  than prescribe a set number of office days, the firm empowers employees to  exercise their judgement in how they manage their working schedule. So long  as underlying principles of providing an excellent client service and a  collaborative team environment are met, employees have a great degree of  freedom in how, and where, they work.

Not only do Chetcuti Cauchi have experience, they’re academically proficient as well. They offer a wide variety of different expertise.

My  wife and I have an association with Chetcuti Cauchi since 2009. They assisted  us with our original residence permit applications for Malta and since then  have taken care of our annual income tax submissions and PR sticker /  E-residence card renewals. They always handle our matters very efficiently  and professionally. The consultants that work with us are friendly, helpful  and very competent. They are familiar with the regulations and procedures in  the related government departments, and this makes the process run extremely  smoothly for us. We are very satisfied with the service we received from  Chetcuti Cauchi and will continue to maintain our relationship with them in  future. We can highly recommend them for any of the services that they offer.

Dr Natasha Cachia’s experience in Financial services in Malta were invaluable to Porterpays team as we establish our business here in Malta. They have worked in a professional manner and were constantly supportive and open to understand new innovative ways in payments and provided us with a stellar advice.

Chetcuti Cauchi Advocates boasts an incredibly diverse and talented team. Everyone brings skills, knowledge and experience to the table, creating a dynamic and collaborative environment.

Chetcuti Cauchi is a firm with very educated and knowledgeable lawyers and advisors.

I have had the pleasure of having Chetcuti Cauchi as my lawyers for my Maltese Citizenship application and also for property acquisition in Malta. I am extremely satisfied with their professionalism and attention to detail at all times making them, in my experience, one of the best law firms I have ever dealt with anywhere. I am truly honoured to be their client and shall continue to remain so.

Chetcuti Cauchi Advocates offers great ability and strength in handling and resolving difficult and complex matters.

Chetcuti Cauchi Advocates is a very strong team with a great understanding of complex matters. They enjoy a profound knowledge and expertise.

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