Telecoms Law

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Telecommunication, synonymous to telecoms or electronic communication, is defined as the transmission of signs, signals, writings, images and sounds or intelligence of any nature by means of wire, radio, optical or other electromagnetic systems by the International Telecommunications Union. Broadly, telecoms law administers this sector of communications.

Electronic communication has forever changed the mode in which we communicate with each other, and now stands as a central element in our everyday life. As one would expect, this sector is a highly dynamic one, thus legal guidance from professionals who are well-informed on the continuous developments of the industry is highly recommended. 

Professionals at Chetcuti Cauchi provide legal assistance to small businesses and large corporations alike with regards to operating in this peculiar sector which does away with the limits of geographical boundaries. We offer specialised and quality advice on business-to-business as well as business-to-consumer transactions. 

Malta Telecoms Law

The Malta Communications Authority Act is the main legal document which regulates Telecoms Law. The act is fully compliant with all the relevant EU Directives. The Communications Authority Act was responsible for the creation of the Malta Communications Authority (MCA), the authority which regulates telecoms, as well as fixed and mobile telephony, Internet and TV distribution services.

The MCA is responsible for the granting of general authorisation to provide telecoms services and provides safeguards which ensure competition in the market by carrying out market analysis and setting restrictions on powerful market operators. The MCA is also responsible for ensuring that the Universal Service Obligations are respected and that end user rights and interests are protected.

Our professionals at Chetcuti Cauchi have longstanding experience in the Malta communications sector which includes telecommunications, cloud communications, software-enabled communications, advanced communication application (apps) services and communications equipment manufacturing, among others. Our firm guides clients in this complex sphere of law by preparing confidentiality agreements, employment contracts and IT outsourcing arrangements, and also provides for the supply of software and hardware and the implementation agreements which are also key to the telecoms sector.

Malta ICT, Internet & Telecoms Law

Efforts are continuously being made by the key players in the communications sector in order to reassert Malta’s position as Europe’s Smart Island and a centre for ICT excellence. The Digital Malta: National Digital Strategy 2014-2020 is an initiative taken by the Maltese Government which aims at developing frameworks to assist ICT start-ups in setting up their own cost-effective operation, thus preparing Malta for the next generation of technology. This strategy has laid the foundations for a first-rate infrastructure, increased the reception of e-business by the general public, and focused on the development of an ICT-focused human capital. Through its continuous efforts, Malta is affirming itself as an ICT hub within the EU, and is in a position to act as a stepping stone to conduct ICT-centred business with Africa and increasingly cater for ICT connectivity across the Mediterranean.

Our Telecoms Lawyers

Chetcuti Cauchi has been in the business of advising key players in the ICT sector for years, thus our professionals are highly proficient with respect to the various incentives which Malta offers in the ICT, commerce, technology and telecommunications sectors. Our Telecoms lawyers are geared towards finding tailored solutions for individuals who want to benefit from Malta’s excellent range of fiscal and financial benefits in this sector.

Our lawyers specialised in the telecoms law area, bring to the table insider knowledge and professional, learned experience in these evolving areas of ICT, telecommunications and internet/e-commerce. We work hand in hand with other professionals within the firm, including tax advisors, accountants, intellectual property and employment lawyers and cooperate with the necessary external collaborators that 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 our clients' diverse needs. 

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Key Contacts

Dr Charlene Mifsud

Partner, Corporate & Commercial

+356 2205 6298

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