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Malta’s Cybersecurity Regulations: A Comprehensive Overview

In an effort to safeguard its citizens and businesses from the ever-growing threat of cyberattacks, Malta has implemented a robust cybersecurity framework. This framework comprises a range of regulations, guidelines, and standards that ensure personal data is protected and electronic communications networks and services are secure.

Signatory to International Conventions

Malta is a signatory to the Council of Europe Cybercrime Convention since 2001, which was ratified in April 2012. This commitment demonstrates its dedication to combating cybercrime at an international level.

Principal International Standard

The ISO 27001 standard is widely adopted by data-centric businesses in Malta as a means of managing their data security. While there is no obligation to adopt this standard, it is encouraged in both the public and private sectors. Recognized in The Malta Cyber Security Strategy 2016, ISO 27001 serves as a benchmark for effective cybersecurity measures.

Criminalization of Cyber Activities

The Maltese Criminal Code criminalizes unlawful access to or use of information, particularly through computers or other devices. Offences may include:

  • Unauthorized activities that hinder access to data
  • Unlawful disclosure of passwords
  • Misuse of hardware

Enforcement Authorities

Several authorities are responsible for enforcing cybersecurity rules in Malta:

  • Information and Data Protection Commissioner: Regulates and enforces cybersecurity aspects related to personal data processing.
  • Malta Communications Authority: Ensures the security of Malta’s public communication networks.
  • Maltese Police Force: Detects, investigates, and prosecutes cybercriminals through its Cyber Crime Unit.
  • Industry-Specific Authorities: Operators holding licenses from authorities like the Malta Financial Services Authority or the Malta Gaming Authority must report breaches to these agencies.

Cybersecurity Best Practice and Reporting

  • Insurance for Cybersecurity Breaches: While available in Malta, insurance coverage is not common among businesses.
  • Record-Keeping of Cybercrime Threats, Attacks, and Breaches: Companies are not required to maintain records of cyber incidents.
  • Reporting of Cybercrime Threats, Attacks, and Breaches: Relevant authorities must be notified promptly in the event of a significant risk of breach or actual breach. Specific industries have reporting obligations, such as financial institutions and remote gaming operators.

Criminal Sanctions and Penalties

  • Potential Criminal Sanctions for Cybercrime: Fines up to €150,000, imprisonment up to four years, or both.
  • Penalties for Failure to Comply with Cybersecurity Regulations: Fines ranging from €120 to €23,300, imprisonment of up to six months, or administrative fines.

As Malta continues to develop its cybersecurity framework, businesses and individuals alike must remain vigilant in protecting their data and systems. By understanding the regulations and standards in place, we can work together to combat cyber threats and ensure a safer online environment for all.