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Data Protection Policy

1. THE DATA PROTECTION ACT, 2001

This law regulates the processing of personal data whether held electronically or in manual form. The Commerce Department is set to fully comply with the Data Protection Principles as set out in this Act.


2.1 TRADE SERVICES DIRECTORATE:

2.1.1 Trading Licences:

2.1.1.1 Purpose/s for collecting data

The Commerce Department collects and processes information to carry out its functions under the Trading Licences Act. All data is collected and processed in accordance with the Data Protection Act 2001; the Trading Licences Regulations, 2002; and other legislation.

2.1.1.2 Recipients of data
Employees of this Department, who are assigned to carry out the functions of this Department, access the details provided by you. The information you give us may be disclosed to other Government Departments and/or Public Authorities, such as Maltapost plc and Local Councils, in order to provide you with the service requested and therefore these entities may have access to your data.

2.1.2 Import-Export Licences:

2.1.2.1 Purpose/s for collecting data

The Commerce Department collects and processes information to carry out its functions under the Supplies and Services Act and the National Interest (Enabling Powers) Act. All data is collected and processed in accordance with the Data Protection Act 2001; the Importation Control Regulations, 2004; the Exportation Control Regulations, 1948; the Dual-Use Items (Export Control) Regulatons, 2004; the Military Equipment (Export Control) Regulations, 2001; and other legislation.

2.1.2.2 Recipients of data

Employees of this Department, who are assigned to carry out the functions of this Department, access the details provided by you. The information you give us may be disclosed to other Government Departments and/or Public Authorities, such as Agricultural Services Department, Fisheries Conservation and Control Department, Food and Veterinary Regulation Department, Pollution Prevention and Control Unit (MEPA), Nature Protection Unit (MEPA), Radiation Protection Board, National Authority for the Prevention of Chemical Weapons, Police Weapons Office, Armed Forces of Malta, Malta Resources Authority, Ministry of Foreign Affairs, National Museum of Fine Arts and Minerals Directorate, in order to provide you with the service requested and therefore these entities may have access to your data.


2.2 INDUSTRIAL PROPERTY REGISTRATIONS DIRECTORATE:

2.2.1 Trademarks:

2.2.1.1 Purpose/s for collecting data

The Commerce Department collects and processes information to carry out its functions under the Trademarks Act. All data is collected and processed in accordance with the Data Protection Act 2001; the Trademark Act 2000; the Trademarks (Provisions and Fees) Rules, 2000; the Community Trademark Regulations, 2003; and other legislation.

2.2.1.2 Recipients of data

Employees of this Department, who are assigned to carry out the functions of this Department, access the details provided by you. The information you give us may be disclosed to other Government Departments and/or Public Authorities, such as Customs, Police, Federation of Industry, Chamber of Commerce amongst others, as well as local and foreign individuals and companies and international and regional organisations involved in intellectual property or wishing to obtain information in the area of intellectual property, in order to provide you with the service requested and therefore these entities may have access to your data.

2.2.2 Patents and Designs:

2.2.2.1 Purpose/s for collecting data


The Commerce Department collects and processes information to carry out its functions under the Patents and Designs Act. All data is collected and processed in accordance with the Data Protection Act 2001; the Patents and Designs Act 2000; the Patents Regulations, 2002; the Patents (Plant Protection Products) Regulations, 2002; the Patents (Medicinal Products) Regulations, 2002; and other legislation.

2.2.2.2 Recipients of data

Employees of this Department, who are assigned to carry out the functions of this Department, access the details provided by you. The information you give us may be disclosed to other Government Departments and/or Public Authorities, such as such as Customs, Police, Malta Enterprise, Federation of Industry, Chamber of Commerce amongst others, as well as local and foreign individuals and companies and international and regional organisations involved in intellectual property or wishing to obtain information in the area of intellectual property, in order to provide you with the service requested and therefore these entities may have access to your data. The information collected is published and may be viewed by the public at large.


2.3 SMALL BUSINESSES AND CRAFTS DIRECTORATE:

2.3.1 Attendance Forms, Call Centre Sheets and SOLVIT complaint forms:

2.3.1.1 Purpose/s for collecting data


The Commerce Department collects and processes information to carry out its functions. All data is collected and processed in accordance with the Data Protection Act 2001 and other legislation.

2.3.1.2 Recipients of data

Employees of this Department, who are assigned to carry out the functions of this Department, access the details provided by you. The information you give us may be disclosed to other Government Departments and/or Public Authorities, as required and as permitted by Maltese law.


3. YOUR RIGHTS:

You are entitled to know what information the Commerce Department holds and processes about you and why; who has access to it; how it is kept up to date; what the Department is doing to comply with its obligations under the Data Protection Act, 2001.

The Data Protection Act, 2001 sets down a formal procedure for dealing with data subject access requests, which the Commerce Department follows.

All data subjects have the right to access any personal information kept about them by the Department, either on computer or in manual files. Requests for access to personal information by data subjects must be made in writing and addressed to the Data Controller, Commerce Department. Your identification details such as ID number, name and surname and address have to be submitted with the request. In case we encounter identification difficulties, you may be required to submit a photocopy of an identification document such as the Identity Card, driving licence or passport, which document will be returned after identification is established.

The Commerce Department aims to comply as quickly as possible with requests for access to personal information and will ensure that it is provided within a reasonable time, unless there is good reason for delay. When a request for access cannot be met within a reasonable time, the reason will be explained in writing to the data subject making the request.

All data subjects have the right to request that their information be amended, erased or not used in the event the data is incorrect.


4. DATA CONTROLLER:
The Data Controller may be contacted either at The Commerce Department, Lascaris, Valletta, or at the following e-mail address: commerce@gov.mt