Ron Galea Cavallazzi, Alexia Valenzia and Veronica Campbell have contributed the Malta Chapter to the Sixth Edition of Global Legal Group’s Global Legal Insights (GLI) publication titled AI, Machine Learning & Big Data 2024.
In summary, the Chapter covers the following topics:
Trends
The Chapter discusses local trends and developments in the field of AI, machine learning and big data.
This section of the Chapter traces back to the launch of Malta’s national AI strategy in 2019, coupled with the creation of the Malta Digital Innovation Authority (MDIA) and the enactment of the Innovative Technology Arrangements and Services Act in 2018.
The section also discusses more recent developments in the field, including the launch of the Technology Assurance Sandbox v2.0 by the MIDA in 2022, as well as recent and upcoming initiatives and projects organised by the Maltese Government.
Ownership/protection
The Chapter also delves into the ownership implications arising in relation to AI from a legal perspective. This section discusses the issue of patentability of AI systems or AI-generated solutions, as well as the lacuna in Maltese law in relation to copyright arising over work generated by AI systems.
The section also touches upon data privacy concerns over the use of AI, particularly in relation to the automated processing of personal data and the scale at which processing is carried out.
Antitrust/competition laws
The Chapter discusses issues arising in the competition sector as a result of the combination of big data and AI, particularly the practice of algorithmic pricing.
Board of directors/governance
This section of the Chapter discusses the potential implications of making use of AI systems in the decision-making process amongst a board of directors.
Regulations/government intervention
The Chapter discusses the EU regulation to harmonise rules on AI throughout the EU (the “AI Act”) which was adopted earlier this year but was still in the final stages of the legislative process at the time of writing of the Chapter.
AI in the workplace
This section of the Chapter discusses local initiatives and action points revolving around the use of AI in the workplace. The section also explains the salient rules of the EU Platform Work Directive which was adopted earlier this year but was still in the final stages of the legislative process at the time or writing of the Chapter.
Implementation of AI/big data/machine learning into businesses
This section of the Chapter discusses the implementation of AI by local businesses in their day-to-day practices, as well as the manner in which businesses should prepare themselves for the upcoming obligations coming into force under the AI Act.
Civil liability
The Chapter explores the issue of civil liability for damages caused by AI systems. In particular, this section discusses the lacuna in this respect under the current text of the Product Liability Directive and the proposed revision of this Directive intended to modernise liability rules for products in the digital age. This section also discusses the proposal for the AI Liability Directive intended to regulate liability for damage caused by AI systems.
Criminal issues
The Chapter also touches upon the issue of criminal liability for acts or omissions committed by AI systems.
Discrimination and bias
Finally, the Chapter delves into one of the main concerns surrounding the use of AI systems, namely the innate human bias of their developers, which may lead to discrimination.
The publication can be accessed here and is one of the many legal guides published by Global Legal Group as part of its Global Legal Insights series.
