Best E-commerce & Internet Law Lawyers in Swieqi

About E-commerce & Internet Law in Swieqi, Malta

E-commerce and internet law in Swieqi is governed by Maltese national legislation and directly applicable European Union rules. Although Swieqi is a local town, online traders based there operate under the same national and EU legal framework as the rest of Malta. This framework covers online contracting, consumer protection, privacy and data protection, advertising and marketing, platform liability, payment services, intellectual property, cyber security, and tax.

Key pillars include the Maltese Electronic Commerce Act, the Consumer Affairs regime, GDPR and e-privacy rules, the EU Digital Services Act for platforms, payment services rules under PSD2, and Malta’s tax and corporate laws. Understanding how these rules interact is essential whether you run a web shop, marketplace, SaaS platform, content site, or provide digital services from Swieqi to customers in Malta, the EU, or globally.

Why You May Need a Lawyer

Common situations where legal guidance is valuable include:

- Setting up website and app terms of use, sale and service agreements, and privacy and cookie notices that are enforceable under Maltese and EU law.

- Ensuring consumer rights compliance for distance sales, returns and refunds, delivery, warranties, and digital content updates.

- Designing compliant email and SMS marketing programs, promotions, influencer campaigns, and price display practices.

- Navigating GDPR, cookie consent, international data transfers, data processing agreements, DPIAs, DPO obligations, and breach notifications.

- Managing platform responsibilities, including notice-and-action for illegal content, moderation policies, and transparency duties under the Digital Services Act.

- Protecting and enforcing intellectual property, handling online infringement, domain name issues, and user-generated content risks.

- Selecting and contracting with payment service providers, applying strong customer authentication, handling chargebacks, and avoiding banned surcharges.

- Structuring cross-border sales, VAT registration and OSS or IOSS use, customs and import issues, and terms for shipping and returns.

- Drafting and negotiating technology, SaaS, cloud, licensing, escrow, agency, distribution, and dropshipping agreements.

- Responding to cyber incidents, extortion or fraud attempts, and coordinating with authorities and affected users.

Local Laws Overview

Electronic commerce and contracting - Malta’s Electronic Commerce Act recognises electronic contracts, records, and signatures, and implements safe harbours for intermediary service providers such as mere conduit, caching, and hosting. Traders must provide clear pre-contract information and enable effective order processes with explicit consent for chargeable features. Qualified electronic signatures under the EU eIDAS Regulation are legally equivalent to handwritten signatures.

Consumer protection for distance sales - The Consumer Affairs framework in Malta, which transposes EU directives, requires clear information before checkout, a 14 day withdrawal right for most consumer distance contracts, timely refunds after withdrawal, and delivery within agreed timeframes. There are specific exceptions to the withdrawal right, such as personalised goods, sealed health or hygiene items once unsealed, and certain digital content once downloading or streaming begins with proper consent. Goods must be fit for purpose and conform to the contract, with minimum legal guarantee periods and remedies for lack of conformity. Digital content and digital service rules impose conformity and security update duties.

Unfair commercial practices and contract terms - Marketing must not be misleading or aggressive. Price indications must be transparent and show total prices including taxes and unavoidable charges. Promotions and sales need accurate reference pricing. Consumer contract terms must be fair and transparent, and unfair terms are not binding.

Data protection and e-privacy - The EU GDPR applies in Malta, supported by the national Data Protection Act. Key duties include having a legal basis for processing, honouring data subject rights, maintaining appropriate security, performing DPIAs where required, and notifying the data protection authority of personal data breaches within 72 hours when risk exists, and affected individuals when high risk exists. Cookie and e-privacy rules require prior consent for non-essential cookies and for most direct electronic marketing to individuals, subject to a limited soft opt-in for existing customers. All marketing messages must include an easy opt-out.

Platform and intermediary obligations - The EU Digital Services Act applies to online intermediaries and platforms, including marketplaces, app stores, and social networks. Obligations include clear terms, points of contact, notice-and-action mechanisms for illegal content, transparency reporting, and trader traceability on marketplaces. Very large platforms have additional duties. Oversight is coordinated nationally by the Digital Services Coordinator, with the Malta Communications Authority serving as a primary regulator for digital services.

Payments and fintech - The EU Payment Services Directive 2 and Maltese financial services rules govern payment institutions, strong customer authentication, open banking access, and user protections. Surcharging consumer card payments that are regulated is generally prohibited. Platforms that hold client funds or operate wallets may require authorisation, and anti-money laundering rules can apply, overseen in Malta by the Financial Intelligence Analysis Unit and the Malta Financial Services Authority.

Tax and VAT - Maltese VAT rules apply to local supplies. For cross-border B2C sales within the EU, the One Stop Shop allows sellers to account for VAT due in other member states through a single Maltese filing. For imports to EU consumers from non-EU sellers, the Import One Stop Shop can simplify VAT on low value consignments. Accurate invoicing and record keeping are essential. Corporate income tax, social security, and other fiscal rules also apply according to your business structure.

Intellectual property and domains - Copyright, trademarks, designs, and patents are protected under Maltese law. The .mt domain registry offers procedures for domain registration and dispute resolution. Online takedown strategies should combine IP enforcement with platform procedures and applicable safe harbour rules.

Cybersecurity and incident response - Operators must implement appropriate technical and organisational measures. Sectoral cybersecurity rules and the evolving EU NIS framework require risk management and incident reporting for certain essential and important entities. Malta’s national CSIRT can assist with incidents. Coordinating legal, technical, and communications responses is critical.

Company formation and licensing - Many e-commerce operators incorporate with the Malta Business Registry and obtain a VAT number from the Commissioner for Revenue. Depending on the activity, additional authorisations may be required. If you operate from premises in Swieqi, consider any planning or local council requirements for signage, storage, or deliveries.

Frequently Asked Questions

Do I need a Maltese company to sell online from Swieqi

No, but many operators choose to incorporate locally for practical reasons such as banking, VAT, and hiring. Sole traders and foreign companies can also trade, subject to registration, tax, and regulatory requirements. The right structure depends on your risk profile, funding, and customers.

Are online contracts and click-through terms enforceable in Malta

Yes, if properly presented and accepted. Use clear language, provide mandatory pre-contract information, make key terms conspicuous, obtain an affirmative action such as a checkbox before payment, and provide a durable copy of the terms. Avoid unfair or surprising clauses, especially in consumer contracts.

What information must my website show

Traders must display their legal name, geographic address, contact details including an email, company registration and VAT numbers where applicable, clear pricing including taxes and charges, delivery costs, main characteristics of goods or services, complaint channels, and withdrawal and warranty information for consumer sales. Marketplaces must identify professional traders to consumers.

What are the rules on cookies and tracking

Non-essential cookies and similar technologies require prior consent that is freely given, specific, informed, and unambiguous. Essential cookies needed to provide a service requested by the user do not require consent. You need a clear cookie notice, granular choices, and an easy way to withdraw consent. Respect Do Not Track or similar signals where you commit to do so.

Can I send promotional emails or SMS to prospects

For individuals, prior opt-in consent is generally required. A soft opt-in may apply for your existing customers where you obtained their contact details during a sale of similar products or services, provided you offer a clear and free opt-out in every message. Always identify the sender and do not conceal identities. For corporate recipients, rules still require transparency and opt-outs.

What return and refund rights do consumers have

For most distance sales, consumers have a 14 day withdrawal right without giving reasons. You must refund within 14 days of being informed of withdrawal, and you may withhold the refund until you receive the goods back or evidence of return. Certain categories are excluded, like personalised goods or unsealed hygiene items. For digital content, withdrawal may be lost once supply starts with informed consent and acknowledgement.

How do warranties work for goods sold online

Goods must conform to the contract. Consumers have legal remedies if goods are faulty or not as described, including repair, replacement, price reduction, or termination. Minimum legal guarantee periods apply under EU rules. Your commercial warranty can offer additional benefits but cannot reduce legal rights.

How should I handle VAT for EU consumer sales

If you sell cross-border to EU consumers, you can register for the One Stop Shop in Malta to declare and pay VAT due in other member states. Domestic sales follow Maltese VAT rules. For imports to EU consumers by non-EU sellers, the Import One Stop Shop may apply for low value consignments. Keep accurate records and display prices including VAT.

What should I do after a data breach

Activate your incident response plan, contain and assess the breach, document facts and effects, and evaluate risk to individuals. If there is a risk, notify the data protection authority within 72 hours. If there is high risk, inform affected individuals without undue delay. Review contracts with processors, preserve evidence, and implement remediation.

Are electronic signatures valid for my online contracts

Yes. Under eIDAS, electronic signatures are valid, with qualified electronic signatures having the same legal effect as handwritten signatures. Choose the assurance level that matches the transaction risk and keep reliable evidence of signing.

Additional Resources

Office of the Information and Data Protection Commissioner - Malta’s data protection authority for GDPR and e-privacy matters.

Malta Competition and Consumer Affairs Authority - Consumer rights, unfair commercial practices, product safety, and trader guidance.

Malta Communications Authority - Electronic communications and digital services regulation, including platform transparency and online services oversight.

Malta Business Registry - Company formation, filings, and public registry of companies.

Commissioner for Revenue - VAT registration, OSS and IOSS, and tax guidance for traders.

Malta Financial Services Authority - Authorisation and supervision of payment institutions, e-money, and fintech.

NIC Malta - .mt domain name registry and information on domain policies and disputes.

CSIRT Malta at MITA - National computer security incident response team for cyber incident support.

Malta Police Force Cyber Crime Unit - Reporting cybercrime, fraud, and online harassment.

European Consumer Centre Malta - Cross-border consumer advice and assistance within the EU.

Malta Arbitration Centre - Arbitration services for commercial disputes.

Small Claims Tribunal - Forum for low value civil claims with simplified procedures.

Next Steps

- Map your business model and data flows - who you sell to, where your users are, what data you collect, what third parties you use, and your risk profile.

- Gather your paperwork - business registration details, VAT status, supplier and logistics contracts, payment provider agreements, and any existing policies.

- Prioritise core documents - website and app terms, consumer terms of sale, privacy notice, cookie policy and consent banner settings, returns policy, and complaint handling process.

- Build compliance into your stack - implement cookie consent management, checkout disclosures, age gates if needed, SCA-ready payment flows, logging, and accessible customer service channels.

- Align marketing - confirm opt-in practices, list hygiene, clear unsubscribe mechanisms, influencer agreements with disclosure clauses, and compliant promotions.

- Protect IP - register trademarks where appropriate, document ownership of content and code, and prepare takedown and notice procedures.

- Prepare for incidents - adopt an incident response plan, vendor escalation paths, and templates for authority and customer notifications.

- Seek tailored legal advice - a Malta-based lawyer can review your specific model, draft or localise terms, and help with regulator engagement.

- Monitor changes - track updates to EU and Maltese rules such as digital platform obligations, product safety, and accessibility requirements.

- Launch with a checklist - test user journeys, verify disclosures and consents, and keep records of versions and approvals.