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Consultation on the transposition of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC


From: Ministry for the Economy, Investment and Small Businesses
(​Commerce Department)
​Published: ​20 August 2020
Running till: ​30 September 2020
​Last Updated: ​12 November 2020

Original Consultation 

1.        Background

This consultation document is being launched in view of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM).

The objectives of copyright in the DSM Directive are inter alia to:
  • Increase cross-border access to content online
  • Provide wider opportunities to use copyrighted materials in education, research and cultural heritage
  • Have a better functioning copyright marketplace.​ 

​Malta, along with all the other Member States, is required transpose this Directive into national legislation by 7 June 2021.

The full text of the directive may be found in the document entitled ANNEX 1 DIRECTIVE (EU) 2019/790 on copyright and related rights in the Digital Single Market.

The purpose of this consultation document is to review those elements in the Directive which, in line with the principles of proportionality and subsidiarity, allow for the Member State to implement these as appropriate within the specificities of that Member State.

Where possible, feedback should be substantiated by evidence, case studies or statistical data.​

2.        Consultation Questions

The questions are included in the consultation document. The document is set up as follows:

i.              a short note including the objectives of the article,

ii.             the article itself, extracted from the Directive and

iii.           a third part containing questions on the article.​ 

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).


In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.


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