Technical Administrators

Systems Auditors and Technical Administrators are collectively referred to as ‘Innovative Technology Service Providers’.

An Innovative Technology Service Provider may be an individual or a legal organisation whose place of residence is in Malta, the European Union, or the European Economic Area.

In order to register an Innovative Technology Service Provider, the Authority must be satisfied that the Applicant:

• Is fit and proper.
• Has the qualifications and/ or experience that the Authority requires for registration.
• Has sufficient technical resources or third party support and is in a position to comply with and observe any applicable innovative technology authorisation rules and regulations.

A Technical Administrator is a person who accepts to carry out specific functions relating to the operation, of the whole or a designated part, of an Innovative Technology Arrangement.

Any Innovative Technology Arrangement subject to certification by the MDIA must have a registered Technical Administrator in office at all times who is able to demonstrate to the MDIA the Innovative Technology Arrangement’s ability to satisfy certain specific criteria, which include:

• All pre-requisites required for certification.
• The Innovative Technology Arrangement’s ability to meet standards on a continuing basis and to address critical matters.
• The Innovative Technology Arrangement’s ability to vary parameters or functionalities.

However, the Authority acknowledges that in specific Innovative Technology Arrangement implementations the functionality to grant the Technical Administrator and the Authority, where applicable, power to intervene, as required in Article 8(4)(c)(iv) and Article 8(4)(d)(iii) of the ITAS Act, may not be technically feasible or justifiable. In this regard, when it is clearly justified as to why the implementation of such functionality cannot be achieved, the Authority reserves the right to vary the power to intervene. In doing so, subject to all other requirements being successfully met by the Applicant, the Authority may issue an Innovative Technology Arrangement certification that clearly states that the requirements of Article 8(4)(c)(iv) and Article 8(4)(d)(iii) of the ITAS Act are not being achieved. In addition, the Applicant shall be required to disclose such limitation to all users as part of the Terms of Service.

Yes

When persons making an application for any form of recognition are not ordinarily resident in Malta.

The Resident Agent can be a natural or legal person who is habitually resident in Malta and has satisfied the Authority that he is capable of carrying out the functions stated in the legislation.

The Authority should be informed in the event that there are material changes in:

• Software on which assurance has been provided by a Systems Auditor.
• Rights of users.
• Rights, authorisation or powers of Technical Administrators.
• Technical Administrator/  Resident Agent.
• Administrator of a legal entity.
• Qualifying shareholders.
• Person with reference to whom a certification or a Certificate of Registration has been issued.
• Subject Matter Experts.

• Non-compliance with the requirements of the MDIA Act, including the failure:

1. to notify the Authority of material changes; or
2. to submit such notifications within the stipulated timeframes shall give rise to the imposition of sanctions by the Authority, including the imposition of fines or penalties.

Further detail as to the quantum of fines is set out in the MDIA Act and in the Innovative Technology Arrangements and Services (Fees) Regulations.

The term ‘qualifying shareholder’ encapsulates any shareholder who:

• Owns or controls the Innovative Technology Arrangement;
• Holds more than 25% of the shares or ownership interests in the legal organisation; or
• Through provisions of the statute, has special voting or other rights permitting him to exercise effective control over the activities of the legal organisation.

The skill set and qualifications that the Systems Auditor and Subject Matter Experts must collectively have will be assessed through a Competence Assessment consisting of a series of questions aimed at verifying their knowledge on the subject matter to be audited.

Additionally, Systems Auditor and Subject Matter Experts will be requested to meet the Authority to demonstrate their experience, qualifications and other information submitted in the Innovative Technology Service Provider application.

An Innovative Technology Service Provider shall be granted a Certificate of Registration, having a unique number for purposes of identification and listing the class or classes of services that the Innovative Technology Service Provider has been registered to provide. Furthermore, the Certificate shall be posted in a specific location or on the website (if available).