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Regulation (EU) 2023/2854 (the “Data Act”) entered into force on 11 January 2024, with its provisions becoming applicable to Member States from 12 September 2025. The Data Act's enforcement framework calls for Member States to designate one or more competent authorities to enforce the Data Act. If multiple authorities are designated, a data coordinator should also be appointed.
In Malta, by virtue of Legal Notice 222 of 2025, the Fair Access to and Use of Data Regulations were promulgated to designate the Malta Digital Innovation Authority (MDIA), as the competent authority for the application and enforcement of all Data Act provisions with the exception of Articles 23 to 31 and Articles 34 to 35. The MDIA shall also be the data coordinator for national implementation.
Furthermore, other Maltese authorities were given roles where sectoral competence overlaps with the regulation of personal data. Indeed, by virtue of Legal Notice 223 of 2025 – titled the ‘Data Protection (Fair Access to and Use of Data) Regulations', the Information and Data Protection Commissioner (IDPC) which primarily enforces the Data Protection Act and the GDPR in Malta, has been designated for monitoring the application of the Data Act where the protection of personal data is concerned.
Finally, by virtue of Legal Notice 224 of 2025 – titled the ‘Malta Communications Authority Act (Amendment of Second Schedule) Order', the Malta Communications Authority (MCA) has been designated as the responsible authority for the application and enforcement of Articles 23 to 31 and Articles 34 to 35 of the Data Act, which foresee specialised areas and supervisory powers for authorities experienced in electronic communications with the aim of fulfilling the Data Act's objectives.
You can read more detailed information on the provisions of the Data Act in our previous article here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
