S.L. 460.35 Art. 16Jurisdiction and territoriality.

(1) For the purposes of this order, a digital service provider shall be deemed to be under the jurisdiction of Malta if it has its main establishment in Malta. A digital service provider shall be deemed to have its main establishment in Malta when it has its head office in Malta.

(2) A digital service provider that is not established in the Union, but offers services referred to in the Third Schedule within the Union, shall be deemed to be under the jurisdiction of Malta where its representative is established in Malta.

(3) The designation of a representative by the digital service provider shall be without prejudice to legal actions which could be initiated against the digital service provider itself.