Cap. 350 Art. 16RObligations of video-sharing platform providers.

(1) A video-sharing platform provider established in the territory of Malta within the meaning of article 8A and the other provisions of the Electronic Commerce Act and Article 3(1) of

Directive 2000/31/EC shall fall under the jurisdiction of Malta.

(2) A video-sharing platform provider which is not established on Maltese territory pursuant to the preceding sub-article shall be deemed to be established on the territory of a Member State if that video-sharing platform provider: (a) has a parent undertaking or a subsidiary undertaking that is established in the territory of that Member State; or (b) is part of a group and another undertaking of that group is established in the territory of that Member State.

For the purposes of this article: "parent undertaking" means an undertaking which controls one or more subsidiary undertakings; "subsidiary undertaking" means an undertaking controlled by a parent undertaking, including any subsidiary undertaking of an ultimate parent undertaking; "group" means a parent undertaking, all its subsidiary undertakings and all other undertakings having economic and legal organisational links to them.

(3) For the purposes of applying sub-article (2), where the parent undertaking, the subsidiary undertaking or the other undertakings of the group are each established in different Member States, the video-sharing platform provider shall be deemed to be established in the Member State where its parent undertaking is established or, in the absence of such an establishment, in the Member State where its subsidiary undertaking is established or, in the absence of such an establishment, in the Member State where the other undertaking of the group is established.

(4) For the purposes of applying sub-article (3), where there are several subsidiary undertakings and each of them is established in a different Member State, the video-sharing platform provider shall be deemed to be established in the Member State where one of the subsidiary undertakings first began its activity, provided that it maintains a stable and effective link with the economy of that Member State. Where there are several other undertakings which are part of the group and each of them is established in a different Member State, the video-sharing platform provider shall be deemed to be established in the Member State where one of these undertakings first began its activity, provided that it maintains a stable and effective link with the economy of that Member State.

(5) Articles 8A, 19, 20, 21 and 22 of the Electronic Commerce Act and Articles 3 and 12 to 15, both articles included, of Directive 2000/31/EC shall apply to video-sharing platform providers deemed to be established in a Member State in accordance with sub-article (2).

(6) A video-sharing platform provider established or deemed to be established in Malta shall notify the Authority in writing by means of a letter addressed to the Chairman of the Authority, which notification shall include: (a) in the case of a natural person, the name, surname and address, identity card number, passport number or any other identification document as may be accepted by the Authority; (b) in the case of a legal person, the name and address of the company and of the registered office.

(7) The Authority shall establish and maintain an up-to-date list of the video-sharing platform providers established or deemed to be established in Malta and indicate on which of the criteria set out in the preceding sub-articles their jurisdiction is based. The Authority is entitled to declare, ex officio, a video-sharing platform provider as an established provider in Malta.