James Debono

"James Debono is smart, courteous and intellectual."

DORA voluntary dry run exercise to ensure preparedness ahead of it becoming applicable

In its latest circular, the MFSA highlights the launch of a dry run ad hoc exercise by the European Supervisory Authorities (ESAs) and participating competent authorities such as the MFSA itself.

CJEU deliberates on the distinction between the issuance of E-money and payment services

Following AG Sánchez-Bordona’s opinion last October, the European Court of Justice (“ECJ”) delivered on 22 February 2024, a preliminary ruling in the case ‘ABC Projektai UAB v Lietuvos bankas’ outlining the distinction of what qualifies as a payment service under Directive (EU) 2015/2366 (“PSD2”)...

Will DORA impact the scope of MFSA’s Guidance on (amongst others) ICT Risk Management and Outsourcin

As the date of application of Regulation (EU) 2022/2554 is looming large on the horizon, the MFSA has issued a critical Circular which lays to rest the conundrum entities falling in scope of MFSA’s regulatory remit have been pondering on in the space of ICT risk management and digital operational...

MFSA sends letter to management bodies about its 2024 DORA ambitions

DORA (the Digital Operational Resilience Act or Regulation 2022/2554) and the DORA Amending Directive (Directive 2022/2556) shall apply from 17 January 2025.

Adapting to MiCA: ESMA’s recent publications for the Crypto Industry

The European Securities and Markets Authority (ESMA) has kept up the momentum ahead of the implementation of the Markets in Crypto-Assets Regulation (MiCA) this year.

Regulatory Round-Up: Examining Recent updates in respect of MiCAR

Bill No. 88, Virtual Financial Assets (Amendment) Bill (the “Bill”) is one of the next pending items on the Parliament of Malta’s agenda.

DORA Trifecta - Three delegated regulations adopted by the Commission

Three delegated regulations under the Regulation on digital operational resilience for the financial sector (Regulation (EU) 2022/2554 or “DORA”) have been adopted by the European Commission.

ESMA Consults: Crypto-Asset Classification and MiCA's Reverse Solicitation

The European Securities and Markets Authority (ESMA) has just published two consultation papers on two important aspects under the Markets in Crypto Assets Regulation (MiCA)

Malta: a state-of-the-art regulatory framework for cryptocurrencies

Cryptocurrencies have transformed finance, created investor opportunities, and disrupted traditional institutions.

EU Court's Landmark Ruling: Restricting Financial Ties to Combat Money Laundering and Terrorism Fina

CJEU validates penalties against PrivatBank for AML violations and supports anti-money laundering measures.

ESMA and EBA issue Inaugural Consultation Packages under MICA

Under MiCA, both the ESMA and the EBA have been empowered to develop technical standards and guidelines.

MiCA obtains green light from European Council

The European Council has just announced that it has adopted the long-awaited Market in Crypto Assets Regulation (“MiCA”), the world's first pan-national regulatory framework governing crypto-assets.

MiCA – Landmark crypto regulation approved by EU Parliament

The European Parliament has given the final approval to the new MiCA which is the first harmonized EU framework governing crypto-assets. It introduces 3 regulatory regimes, including one for issuers of stablecoins & one for entities providing services in respect of crypto-assets.

EBA – legal certainty under PSD3 through merging and demerging of services

The Payment Services Directive (PSD2) is outdated and complex, failing to keep up with digital payments' needs. The EBA has proposed changes to ensure a consistent approach across the EU and avoid regulatory arbitrage. One proposed change is to merge electronic money accounts and payment accounts. T

PSD3 – Through the lens of the European Banking Authority

The main objectives of the Payment Services Directive (EU) 2015/2366, transposed under Maltese law by inter alia the Financial Institutions Act, Chapter 376 of the Laws of Malta, were mainly to create a safer and more secure space for payments and to enhance protection for European Consumer.

PSD3 brewing? EU Commission launches consultations revising the Second Payment Services Directive

In line with the EU Digital Finance Strategy and the EU Retail Payments Strategy, the European Commission has just launched a series of consultation documents aimed to collect market feedback on open finance rules and on any potential amendments to the EU Payment Services Directive 2015/2366 (PSD 2)