Cap. 591 Art. 58Power of the Minister to make regulations and of the Authority to issue guidelines. 

(1) The Minister may, without prejudice to the powers of the Authority, and acting on the advice of the Authority make regulations to give fuller effect to the provisions of the Act, or to prescribe anything that is to be or which may be prescribed in terms of the Act, any law which the Authority is entitled to administer or enforce or any European Union and, or international legislation which is applicable to Malta or any other regulatory instrument and to provide for any matter consequential, incidental to or connected therewith.

(2) Without prejudice to the generality of the foregoing, the Minister may, by such regulations:

(a) (i) define and empower the Authority to define products, solutions and services that may be regulated under the Act;

(ii) regulate recognition processes in accordance with 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; and the overall requirements and conditions for such recognitions, their grant, amendment, renewal, suspension, revocation and termination and other similar actions and to further empower the Authority to lay down any such requirements and conditions;

(b) empower the Authority to regulate and issue recognition to persons engaged in activities falling within the competence of the Authority, the Act or any other law which the Authority has the power to administer or enforce or any European Union and, or international legislation, and all matters relating thereto, including the qualifications and elements to provide innovative technology as well as the exemption of certain persons or categories of persons from any or all of the requirements for recognition;

(c) establish methods of review relating to the processes and procedures adopted by the Authority in carrying out its functions;

(d) provide for any administrative penalties that may be imposed by the Authority for any breach of the provisions of 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;

(e) implement any international convention or any EU Regulation or Directive, to the extent necessary, to which Malta has adhered to in the context of the innovative technology sector;

(f) lay down rules establishing any fees and tariffs which may be levied by the Authority;

(g) lay down rules, provide for and clarify the powers of the Authority for the better carrying out of any of the provisions of this Act;

(h) amend, repeal, add to and, or vary any of the Schedules to the Act and any regulations made thereunder;

(i) establish rules and empower the Authority to prescribe rules and to achieve the purposes of the Act, and the effective administration of the Act and, or any other law which the Authority is empowered to administer or enforce or any European Union and, or international legislation having effect in Malta;

(j) establish rules and empower the Authority to prescribe rules for the mutual recognition of recognitions issued by other national, foreign or international authorities or bodies;

(k) issue further guidance and empower the Authority to issue further guidance regarding the form, accessibility and minimum contents of information that shall be made available to users of innovative technology;

(l) define and empower the Authority to define different levels of recognition that may be obtained in relation to innovative technology;

(m) further regulate recognitions of innovative technology

(n) further regulate the recognition of innovative technology service providers, including the level of independence and other qualities, if any, that are required for the carrying out of their functions and the definition of such terms;

(o) define the criteria for determining whether the systems and security access protocols of applicants or recognition holders, as applicable, meet or are maintained to the appropriate international standards that may be established from time to time;

(p) prescribe rules for the notification of any activities in or from Malta, or relating to innovative technology which are accessible through the website of the Authority, including when the innovative technology already has the recognition in another country;

(q) establish the circumstances and empower the Authority to establish the circumstances in which any person involved in connection with a recognition holder, including any service provider is obliged to communicate information to the Authority, prescribe regulations governing the disclosure of information by service providers and establish supervisory and disciplinary procedures for service providers in respect of their duties;

(r) extend any provisions of the Act, including but not limited to, the right to an effective judicial remedy to any form of innovative technology;

(s) by regulations made under the Act amend any Schedule made under the Act;

(t) clarify by means of guidelines any definition in sub-article (1) of article 2;

(u) empower and designate the Authority as a competent authority and, or supervisory authority and, or market surveillance authority in relation to innovative technology, data or any other area, as may be prescribed by the Minister;

(v) grant to the Authority the power to issue recognitions, create processes and structures, facilitate and generate data sharing by natural or legal persons and the public sector; and

(w) prescribe fees in consultation with the Minister responsible for finance.

The Minister may direct or authorise the Authority to establish all necessary details to meet any of the above requirements and conditions by way of guidelines and other binding regulatory instruments to be issued by the Authority under article 6 which shall be ancillary to or independent of any regulations made under the above powers.

(3) Regulations made under this article may be made subject to such exemptions or conditions as may be specified therein, may make different provision for different cases, circumstances or purposes and may give to the Authority such powers of adaptation of the regulations as may also be so specified.

(4) Where regulations have been made in terms of this article, the Authority may issue guidelines for the better carrying out and to better implement the provisions of such regulations.

(5) Without prejudice to the generality of the foregoing, the Minister may, acting on the advice of the Authority, and in conjunction with the Minister for Finance, make regulations providing for the taxation of the activities of and transactions involving innovative technology and any other matter related thereto.

(6) The Minister shall, with the support of the Authority, promote initiatives, including the establishment of structures dedicated to the purpose, for the review of all the laws of Malta in order to ensure that such laws are rendered compatible and consistent with innovative technology in order to achieve the best outcomes and ecosystem for the use of such innovative technology.

(7) Regulations made under this Act, and any amendment or revocation of such regulations, may be published in the English language only.