S.L. 460.35 ст. 3Applicability.  S.L. 460.24.

(1) The security and notification requirements of this order shall not apply to undertakings which are subject to the requirements of Article 13a and 13b of Directive 2002/21/EC of the European Parliament and of the Council, or to trust service providers which are subject to requirements of Article 19 of Regulation (EU) No 910/2014 of the European Parliament and of the Council.

(2) This order applies without prejudice to the Critical

Infrastructures and European Critical Infrastructures (Identification, Designation and Protection) Order and Directives 2011/93/EU and 2013/40/EU of the Europe Parliament and of the Council.

(3) Without prejudice to Article 346 TFEU, information that is confidential pursuant to law, such as rules on business confidentiality, shall be exchanged with the European Commission and relevant authorities only where such exchange is necessary for the application of this order. The information exchanged shall be limited to that which is relevant and proportionate to the purpose of such exchange. Such exchange of information shall preserve the confidentiality of that information and protect the security and commercial interests of operators of essential services and digital service providers.

(4) This order is without prejudice to the actions taken to safeguard essential State functions, in particular to safeguard national security, including actions protecting information the disclosure of which is contrary to the essential interests of the security of Malta, and to maintain law and order, in particular to allow for the investigation, detection and prosecution of criminal offences.

(5) Where a sector-specific law requires operators of essential services or digital service providers either to ensure the security of their network and information systems or to notify incidents, provided that such requirements are at least equivalent in effect to the obligations laid down in this order, those provisions of that sector-specific law shall apply.