CDF Advocates

DPC - Data Protection Consultants

The Data Protection Act, 2001 ("the Act") has implemented the EU Data Protection Directive 1995 (95/46/EC) into Maltese law. The Act, which came into force on 15/07/2003, places very onerous obligations on persons who hold data about individuals. The Act will impact any one who holds personal data about individuals, especially companies who regularly mail out material to customers or potential customers. The Act introduces the role of the "Personal Data Representative" who is required to be independent from the person who holds the data and has the function of ensuring that the data is being processed according to the law.

CDF Advocates, through its Data Protection Consultancy service (DPC) can act as a company's Personal Data Representative (PDR) and advise on the implications of the Data Protection Act. If a company does not appoint a PDR it will be regulated directly by the Data Protection Commissioner. The appointment of a trusted Personal data Representative is therefore essential.

Breach of the Act may lead to administrative penalties of up to Lm10,000, criminal offences and compensation for damages caused to the individual.

Through our DPC service you will benefit from specialised legal advice and access to technical knowledge through which you will obtain answers and solutions for problems such as:-

1. What are the legal parameters which allow processing of data?
2. How can I comply with the rules regarding direct marketing and make sure that my customers are informed of right to object to processing for marketing purposes?
3. How should I inform my customers on the purposes why I process data?
4. How should I reply to requests from customers for information about their data held by me?
5. What level of security is required to protect data?
6. What happens if I don't have a Personal Data Representative?
7. What are the rights of the Data Protection Commissioner and the data held by me?
8. What are the criminal offences for breach of the Data Protection Act?

Please contact us to discuss how we can best assist you.

Click here to download an article on data protection

Click here to download an article on Electronic Direct Marketing

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