Cap. 591 Art. 6Purpose, functions and powers of the Authority. 

(1) It shall be the purpose of the Authority to address the development in or from Malta of innovative technology in order to achieve the policies and objectives outlined in article 4.

(2) It shall be the duty of the Authority to exercise such supervisory and regulatory functions in the field of innovative technology in accordance with the powers of the Authority.

(3) The Authority shall, without prejudice to any of the powers of the Authority or functions, and in adherence with article 3, have the powers to:

(a) publish and administer such programmes, schemes and initiatives that, in its view, are necessary to promote the interests of the innovative technology sector and its users, including, but not limited to, schemes of recognition whereby, amongst others, the innovative technology, and the risks posed by its application are assessed and tested and provided with a certificate or mark of assurance or approval, in any manner that they are referred to:

Provided that the Authority shall publish the terms of such programmes, schemes and initiatives in a clear and transparent manner;

(b) unless otherwise determined by or under any applicable laws and, or regulations, determine those professional services related to innovative technology that require recognition by the Authority and publish and administer such programmes, schemes and initiatives that, in the view of the Authority, are necessary to foster trust in innovative technology, including services for the auditing and testing of innovative technology, or aspects thereof, and the risks posed by their use or application;

(c) publish and administer such programmes, schemes and initiatives, including those ensuring that a controlled regulatory environment for the testing of innovative technology is available, for the fostering of the development of innovative technology in or from Malta;

(d) obtain from the Government, other local authorities or agencies and, or apply to the European Union or other international bodies for the grant of funds to be utilised as grants to be allocated to innovative technology by way of incentives and awards and administer such grants and incentives to applicants in accordance with fair, transparent and non-discriminatory conditions to be published by the Authority and which are accessible through the website of the Authority, from time to time;

(e) perform the functions of the National Cybersecurity Certification Authority in accordance with Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No. 526/2013 (Cybersecurity Act), and advise the Minister on the adoption and publication of laws necessary to implement European and international laws relating to cyber security certification;

(f) be consulted on any planned implementation of laws and policies relating to the national imposition of obligations on innovative technology in any area or sector as well as in relation to the implementation of European Union and, or international legislation relating to innovative technology;

(g) subject to any limitations that may be imposed on the powers of the Authority, establish and levy fees in relation to innovative technology, including on any recognition and any persons, such as providers of services relating to innovative technology participating in the initiatives and, or schemes published or administered by the Authority, whether acting alone as well as jointly with other public entities, regulatory bodies and, or competent authorities, subject to the publication of such fees in advance and in a transparent fashion and accessible through the website of the Authority, and the Authority shall also have the power to establish and levy fees for services rendered to other public entities, regulatory bodies and, or competent authorities;

(h) regulate, issue recognitions and conditions, including in principle temporary or partial recognitions, as may be further elaborated by the Authority pursuant to its guidelines and test, monitor and supervise innovative technology, in or from Malta, in accordance with the Act and any subsidiary legislation made thereunder;

(i) keep under review all practices, operations and activities relating to any matter regulated by or under the Act or any other law which the Authority is entitled to administer or enforce or any European Union and, or international legislation applicable to Malta;

(j) promote high standards of conduct and governance throughout the innovative technology industry, corresponding with the levels of risk posed by the use of innovative technology;

(k) enforce compliance with obligations and, or terms arising from and, or in terms of the law;

(l) own, manage, supervise and control and as required use, hold, develop and provide, maintain a sub-licence and, or make available any wallet or similar solution or software, any wallet solution, account or other facility, in particular in relation to any form of digital identity, accreditation, data and digital assets;

(m) engage with facilities, entities and persons, including service providers and carry out transactions as it may consider necessary for the fulfilment of its functions, and enter into any contract for the supply of goods or materials or the execution of work or the rendering of services to, or for the benefit and, or functioning of the Authority, including but not limited to, in pursuance to paragraph (l) and, or the innovative technology sector;

(n) monitor the effects of laws on the use and operation of innovative technology and undertake or commission such study, research or investigation which it may deem necessary in this regard;

(o) issue binding documentation such as guidelines and provide information and guidance on any matter, including definitions regulated by, or under the Act, or any other law which the Authority is entitled to administer or enforce, or any European Union and, or international legislation applicable to Malta;

(p) determine, by virtue of guidelines or other binding documentation, which products, solutions or services may be classified as "innovative technology" as defined in the Act and the purposes, qualities, features, attributes, behaviours or aspects thereof that shall be recognised by the Authority;

(q) support and liaise with non-profit organisations and educational institutions in Malta which are established for the promotion of the use and development of innovative technology;

(r) keep under review developments on relevant subjects relating to innovative technology in order to ensure that activity in Malta is generally consistent with internationally recognised standards and norms of good practice;

(s) enter into agreements with other public bodies and authorities to better coordinate the effective and efficient exercise of the respective functions of such public bodies and authorities where they have common functions, interests or aims, including the delegation to the Authority by the said public bodies and authorities of certain powers appertaining to them and the delegation by the Authority to such other public bodies and authorities of certain powers of the Authority;

(t) collect relevant statistical and other information as may be required by the Authority in relation to innovative technology;

(u) perform such other functions, including functions aimed at promoting innovative technology, as may from time to time be assigned to it by the Minister, or by governmental or ministerial appointment or by engagement by other public entities, regulatory bodies and, or competent authorities;

(v) impose administrative penalties and, or measures and, or fines in accordance with the powers of the Authority in relation to a breach of the Act, any regulations made thereunder, any law which the Authority is entitled to administer or enforce, or any recognition issued by the Authority or any European Union and, or international legislation applicable to Malta;

(w) advise the Minister on the formulation of policy in relation to matters regulated by, or under the Act, and in particular in relation to any international obligations;

(x) otherwise advise the Minister on any matter connected with its functions under the Act or any other law;

(y) formulate and implement the policies and strategies with short-term and long-term objectives in relation to the matters connected with its functions under the Act or any other law;

(z) encourage users of innovative technology to establish places of business in Malta;

(aa) advise the Minister on the planning and development of the innovative technology industry as well as on the infrastructure supporting the innovative technology industry;

(bb) promote and advance Malta as a destination for high value commercial users of innovative technology to establish places of business in Malta;

(cc) prescribe any forms relating to any of the applications and processes involved in the recognition of innovative technology;

(dd) establish or participate in the establishment and operation of entities whose function shall be necessary, ancillary or conducive to the attainment of the functions and, or objectives of the Authority under the Act or any regulations made thereunder or any law which the Authority has the power to administer or enforce or any European Union and, or international legislation applicable to Malta;

(ee) perform the functions of a competent authority in accordance with Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) for data altruism services and data intermediation services;

(ff) carry out functions in line with cooperation mechanisms with other national competent authorities; and

(gg) appoint a qualified person or otherwise require that the person concerned appoints a qualified person in the case that he considers this to be appropriate or expedient to perform those tasks in terms of those terms and conditions that the Authority may order. The fees and expenses incurred by the qualified person in this respect or which are incidental to such an appointment shall be paid by the person in respect of whom the qualified person was appointed, unless determined otherwise by the Authority. The Authority may issue guidelines that establish the procedures or requisites related with this appointment and these guidelines may also establish the powers, duties and obligations of the qualified person.

(4) (a) Without prejudice or limitation to any of the powers of the Authority, the Authority shall have the power, strictly for the purposes of carrying out its functions, to request any person or any person who may have in her possession relevant documentation to provide it with any information, documents and reports, including financial information, that the Authority considers necessary:

Provided that the information requested by the Authority shall be proportionate to the performance of its functions and obligations under the Act or any regulations made thereunder or any law which the Authority has the power to administer or enforce or any European Union and, or international legislation applicable to Malta, and in requiring any information as aforesaid, the Authority shall specify the reason for such request.

(b) Where the Authority requires information relating to the intellectual property, trade secrets or commercially sensitive information related to any innovative technology, it shall only demand that information which is strictly necessary for its purposes and shall keep such information confidential.

(c) A person who is notified with a request for information shall comply promptly with the request and within the timeframes and according to any level of detail, as may be required by the Authority.

(d) Any person who has any information requested by the Authority in terms of the Act and its officers or employees shall, on a written request from the Authority, provide expeditiously to the Authority any information required by the Authority in terms of the Act, may not raise in this regard, an exception or defence including any obligation with regard to the prohibition or the confidentiality that arise from contractual law or in any other manner refuses to conform with such a request from the Authority. No action for a breach of contractual law or disciplinary action may be taken in a direct or indirect manner by a person in regard to officers and employees due to the fact that they provided the Authority with any required information by the Authority as provided in sub-article (4) and any such contractual or disciplinary measure shall be deemed as null and void:

Provided that any such person shall, in complying with the provisions of this sub-article, specify clearly to the Authority if any information provided by him is to be considered as confidential for commercial reasons. Also said person shall specify clearly his reasons to the Authority. The Authority shall decide whether the information shall be treated as such:

Provided further that the provisions of this sub-article relating to confidentiality shall apply to any information provided to the Authority for whatever reason whether under the Act or any other law which the Authority is entitled to administer or enforce.

(5) (a) The Authority may opt to publish information and, or guidelines relating to its rulings and determinations which are accessible through the website of the Authority when said rulings and determinations affect applications, the interpretation of the provisions of the Act, or any law which it has the power to administer or enforce or any European Union and, or international legislation applicable to Malta, in order to ensure that applicants and the public in general are aware of the position taken by the Authority on matters of general interest relating to innovative technology.

(b) The publication of such information and, or guidelines shall not in any way limit the freedom of the Authority to vary its policies or approach on any issue based on further review and experience or development of innovative technology or law generally. When such variations take place the Authority shall notify in later publications the connection and review to previous publications.

(c) The Authority shall have the power to determine when any of its publications, or part thereof, shall become binding.

(6) The Authority shall also have such other functions, responsibilities and powers as are set out by or under the Act or as may be assigned to it by or under any other law including all such powers as are necessary for, or incidental to the performance of its functions and powers.

(7) The Authority shall in the carrying out of its functions seek to ensure that the measures taken are proportionate having regard also to the objectives of the Authority. (8) Repealed by Act XIX.2024.10.

(9) Repealed by Act XIX.2024.10.