Notification of Data Intermediation Services Provider

Overview

In terms of Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act), any data intermediation services provider who intends to provide the data intermediation services referred to in Article 10, shall submit a notification to the competent authority. In terms of Article 11 in Regulation (EU) 2022/868 for the purposes of this Regulation, a data intermediation services provider with establishments in more than one Member State shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment, without prejudice to Union law regulating cross-border actions for damages and related proceedings. Data intermediation services provider shall complete the ‘Notification of data intermediation services provider form’ and submit a digital copy of the form and required documents to applications@mdia.gov.mt and data.mdia@mdia.gov.mt to notify the intention to provide the data intermediation services referred to in Article 10 of Regulation (EU) 2022/868.

What you'll get

1) After the submission of the notification form and all the necessary information as per Regulation, the data intermediation services provider may provide data intermediation services in all Member States, subject to the conditions laid down in Chapter III of the Regulation.

2) The details of the data intermediation service provider will be published on the European Union register of data intermediation services.

3) At the request of the data intermediation service provider, the provider can receive a standardised declaration, confirming that the data intermediation services provider has submitted the notification which contains the information referred to in paragraph 6 of Article 11 of the Regulation.

4) If requested by the data intermediation services provider, and confirmed by the MDIA that the service provider complies with Article 11 and Article 12, it may use the label ‘data intermediation services provider recognised in the Union’, in its written and spoken communication and common logo.

Eligibility

1) Data intermediation services provider which has its main establishment in Malta. Alternatively, if the data intermediation services provider is not established in the European Union, a legal representative shall be designated in one of the Member States in which the services are offered.

2)    Providers of the following data intermediation services as per Article 10 of the Regulation (EU) 2022/868, in compliance with Article 12 of the Regulation:
a)    Intermediation services between data holders and potential data users,
b)    Intermediation services between data subjects that seek to make their personal data available, or natural persons that seek to make non-personal data available, and potential data users,
c)    Services of data cooperatives.

Further information on Data Intermediation Service Providers can be accessed from the MDIA website: https://mdia.gov.mt/services/data-intermediation-and-altruism/

How to apply

Fill out the notification form accessible through ‘Apply’ button found below.

Documents required

1) Kindly provide documents as proof of identity and establishment of the Data Intermediation Service Provider’s legal form as explained in the notification form.

2) In the case that a data intermediation services provider meets the requirements, but is not established in the Union, kindly provide:
a) Designation by a written mandate of the data intermediation services provider to act on the latter’s behalf with regards to the latter’s obligations under this Regulation.

3)    In case that a legal representative is appointed:
a)    If a legal entity is appointed as the Legal Representative, kindly provide:
I.    Memorandum of Association documents detailing the corporate structure of the entity registered in Malta
II.    If the entity was incorporated in another Member State or at European Union or European Economic Area level, any relevant document in line with the Member States’s/European governing legislation providing evidence of the corporate structure.
III.    A copy of the Legal Representative’s ID Card or Passport of the legal entity.
b)    In case that a natural person is appointed as the Legal Representative, kindly provide:
I.    Copy of ID Card or Passport.

4) Copy of procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services.

The MDIA reserves the right to request further information and documents.