Digital Services
With a mandate covering electronic commerce (eCommerce) and an extensive range of digital services, the MCA's work is underpinned by a detailed legislative framework alongside a proactive approach to compliance monitoring and stakeholder engagement. Furthermore, the MCA has been designated as Malta's Digital Services Coordinator (DSC) under the Digital Services Act (DSA).
Legislative Framework and Regulatory Scope
At the heart of the MCA's regulatory framework is the eCommerce Directive (Directive 2000/31/EC), which has been transposed into Maltese law as Cap. 426 of the Laws of Malta. This directive empowers the MCA to regulate eCommerce activities, facilitating a trustworthy digital economy for both consumers and businesses.
The MCA's regulatory responsibilities are complemented by various EU regulations, each enforcing its role within the digital sphere:
- eIDAS Regulation (EU 910/2014): This regulation creates a secure digital environment across the EU, promoting the use of national eIDs and establishing a European market for electronic trust services.
- The Web Accessibility Directive (WAD) (EU) 2016/2102: Mandates that public sector websites are accessible to all users.
- Geo-Blocking Regulation (EU) 2018/302: It guarantees equal access to goods and services by banning discrimination based on nationality or place of residence.
- Cross-Border Parcel Delivery Regulation (EU) 2018/644: This enhances transparency and regulatory oversight in parcel delivery services, particularly addressing the challenge of high cross-border tariffs.
- Platform-to-Business Regulation (P2B) (EU) 2019/1150: It requires online platforms to ensure transparency, fairness, and effective redress mechanisms for business users.
- The Digital Services Act (DSA) (EU) 2022/2065: Addresses the regulation of online platforms and intermediaries, focusing on the safety and legality of online content and products.
Engagement and Monitoring
The MCA actively engages with stakeholders to foster digital literacy, ensure compliance, and disseminate best practices within the digital domain. It performs regular monitoring and testing to ensure that Maltese providers adhere to eCommerce and related regulations underscoring its commitment to nurturing a vibrant digital environment in Malta.