Telecoms Law

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The International Telecommunications Union defines telecommunication, often referred to as telecoms or electronic communication, as the transmission of signs, signals, writings, images and sounds or intelligence of any nature by means of wire, radio, optical or other electromagnetic systems. Thus, in a very broad sense, telecoms law regulates this sector of communications.

It is undisputable that electronic communication has permanently changed the way we communicate and has become a central element in our daily lives.

The telecoms law sector is a highly dynamic one. Businesses are becoming increasingly aware of the importance of relying on advisors that are proactive and well-informed on the continuous developments of the industry. Reflecting the growth of this industry over the past years, Chetcuti Cauchi has increasingly provided assistance with the legal issues in this field to small businesses and larger corporations alike, which operate in this unconventional sector that disregards geographical boundaries.

Clients range from start-up companies to larger corporations which seek to obtain specialized and quality advice on business-to-business and business-to-consumer transactions. 

Malta Telecoms Law

The main legislative framework for Telecoms Law is the Malta Communications Authority Act which has transposed and included all the relevant EU Directives. Through this act, the Malta Communications Authority (MCA) was created. It regulates telecoms, as well as fixed and mobile telephony, Internet and TV distribution services. With respect to telecoms, the MCA is responsible for the granting of general authorisation to provide telecoms services and ensures the promotion of competition by carrying out market analysis and setting restrictions on powerful market operators, as well as ensuring that the Universal Service Obligations are respected and that end user rights and interests are protected.

At Chetcuti Cauchi we have extensive experience in the Malta communications sector which includes telecommunications, cloud communications, software-enabled communications, advanced communication application (apps) services and communications equipment manufacturing, among others. Our firm has assisted clients in this area with confidentiality agreements, employment contracts, IT outsourcing arrangements, software as well as hardware supply and implementation agreements is also core to the telecoms sector.

Cyprus Telecoms Law

In order to bring Cyprus’ telecoms law in line with the EU acquis communautaire, the Cypriot legislator undertook a number of initiatives in order to complete the liberalisation process of the telecoms sector. Telecoms law is regulated by the Regulation of the Electronic Communications and Postal Services, Act 112(I)/2004. This act incorporates provisions which call for the drafting of secondary legislation which will ensure the complete transposition of the EU acquis. The Office of the Commissioner of Electronic Communications and Postal Regulation (OCECPR) is the national regulatory authority which is entrusted with the application of the act. Individuals or entities who intend to provide an electronic communications network or service must notify the Commissioner of their intention prior to providing the service.

Malta ICT, Internet & Communications Law

Efforts have been made by Malta’s key players in the field of ICT and Communications Law to reaffirm Malta’s position as Europe’s Smart Island and a centre for ICT excellence. The Maltese government has launched the Digital Malta: National Digital Strategy 2014-2020 which aims at developing frameworks to assist ICT start-ups in setting up their operation at low cost, placing the island in the right position for the next generation of technology. This strategy has laid the fundamentals for a world class infrastructure, increased the reception of e-business by the general public, and focused on the development of an ICT-geared human capital. Malta is in a very good position not only to set itself up as an ICT hub within the European Union but also to be a frontier post for ICT engagement with Africa, and a staging post for ICT connectivity across the Mediterranean.

Our Telecoms Lawyers

Proficient in the incentives that Malta provides to the ICT sector, including incentives to the e-commerce, technology and telecommunications industry, Chetcuti Cauchi offers tailor-made solutions to individuals seeking to benefit from a wide range of fiscal and financial benefits. Our team includes corporate and tax advisors who ensure that the advice is multi-faceted taking into consideration all aspects of the transaction in question.  

Our attorneys, specialised in these areas, bring knowledge and professional experience to bear in the evolving areas of ICT, telecommunications and internet/e-commerce. We work closely with other colleagues in our firm, including tax advisors, accountants, intellectual property and employment lawyers and work hand in hand with external collaborators that need to be roped in any particular project, including  banks, government departments, auditors, payment gateways, ISPs and co-location centres. All this ensures that the solution caters for any client's diverse needs. 



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