Cap. 658 Art. 5Form, authentication and registration.  Cap. 55.    Cap. 528.             Cap. 586.

(1) An advance medical directive drawn up and certified in accordance with article 4 shall be made in writing and shall be authenticated by a notary public in accordance with article 2(2)(d) of the Notarial Profession and Notarial Archives Act.

(2) For the purposes of authentication, the appearer shall personally appear before the notary public not later than three (3) months from the date of the directive as drawn up by the appearer and certified by the medical practitioner. The notary shall:

(a) verify the identity of the appearer;

(b) confirm in a secure manner, that the appearer acknowledges and reaffirms that the contents of the directive express his present and settled wishes; and

(c) authenticate the signature of the appearer.

(3) The notary public shall, within fifteen (15) working days from the date of authentication, submit to the Director of the Public Registry a note of the directive.

(4) The appearer, or any person authorised by the appearer, shall submit the authenticated directive to the Director General for Health Care Services.

(5) Upon receipt of an authenticated directive in terms of sub-

article (4), the Director General for Health Care Services, established under the Health Act, in his capacity as data controller for the purposes of Regulation (EU) 2016/679, shall ensure that the advance medical directive is recorded and archived in the medical records of the appearer in such manner as may be prescribed.

(6) Any personal data processed by the Department for Health

Care Services through the Director General for Health Care Services or by notaries public for the purposes of this Act shall fully comply with the provisions of Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the

General Data Protection Regulation), and with the Data Protection

Act, including any regulations made thereunder, as well as with the fundamental rights and freedoms of data subjects.

(7) An advance medical directive shall be valid and have legal effect from the moment of its authentication before a notary public, notwithstanding that any registration or transmission in terms of this Act has not yet taken place.