S.L. 460.41 Art. 31Proceedingsforthe imposition of enforcement measures. 

(1) The CIP Department, or where designated the competent authority, shall before proceeding to imposing the enforcement measures in accordance with articles 29 and 30, notify in writing the preliminary findings of an infringement to the essential or important entity concerned, of the measure that may be taken and the detailed reason why it may be taken by the CIP Department, or where designated the competent authority, requiring the essential or important entity concerned to make its submissions to the CIP Department, or where designated the competent authority, in a period not exceeding fifteen (15) working days and to propose any remedies that rectify the acts or omissions required by the CIP Department, or where designated the competent authority, to be so rectified:

Provided that the request for the imposition of an administrative penalty in accordance with articles 29(7) and 30(7) shall not be considered an enforcement measure.

(2) The period in sub-article (1), may be decreased if the CIP Department, or where designated the competent authority, considers that the continuance of an infringement under this order negatively impacts the effective exercise by the CIP Department, or where CYBERSECURITY ACROSS THE EUROPEAN UNION 460.41 (MALTA)

designated the competent authority, of its regulatory functions or warrants the immediate intervention of the CIP Department, or where designated the competent authority.

(3) Without prejudice to sub-article (2), where the CIP Department, or where designated the competent authority, has prima evidence that an infringement represents an immediate and facie significant incident in Malta, they may take any urgent interim enforcement measure to remedy the situation in advance of issuing the final enforcement measure, including ordering the immediate cessation of the act or omission giving cause to the infringement:

Provided that urgent interim enforcement measures shall be valid for a maximum period of three (3) months.

(4) Where the essential or important entity concerned remedies the deficiency within the period established in sub-article (1) and, or (3), and agrees in writing to abide with any enforcement measure that the CIP Department, or where designated the competent authority, may impose, the CIP Department, or where designated the competent authority, may desist from proceeding any further, without prejudice to any urgent interim enforcement measure imposed pursuant to sub-article (3) and, or enforcement measure that may have already been imposed.

(5) If after the lapse of the period established in sub-article

(1) and, or (3), the CIP Department, or where designated the competent authority, considers that the essential or important entity concerned has not given any valid reason to demonstrate why no enforcement measure or measures should be taken against the entity, the CIP Department, or where designated the competent authority, shall notify in writing the essential or important entity concerned, stating the enforcement measure or measures intended to be taken.

(6) Deleted by Legal Notice 89 of 2026.

(7) Deleted by Legal Notice 89 of 2026.

(8) Deleted by Legal Notice 89 of 2026.

(9) Where enforcement measures imposed by the CIP Department, or where designated the competent authority, pursuant to sub-article (6) are ineffective, the essential entity concerned shall have a period not being less than fifteen (15) working days in which to take the necessary action to remedy the deficiencies and, or to comply with the requirements imposed by the CIP Department, or where designated the competent authority.

(10) If the requested action is not taken within the stipulated period in sub-article (9), the CIP Department, or where designated the competent authority, shall have the power to:

(a) request the certification or authorisation body, courts or tribunals in conformity with national law to suspend temporarily a certification or authorisation concerning part or all of the relevant services provided or activities carried out by the essential entity, or all of them;

(b) request the relevant bodies, courts or tribunals, to prohibit temporarily any natural person who is responsible for discharging managerial responsibilities of chief executive officer or legal representation in the essential entity from exercising managerial functions in such essential entity:

Provided that temporary suspensions or prohibitions imposed pursuant to this sub-article shall be applied only until the essential entity concerned takes the necessary action to remedy the deficiencies or comply with the requirements of the CIP Department, or where designated the competent authority for which such enforcement measures were applied:

Provided further that the imposition of such temporary suspensions or prohibitions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter, including the right to an effective remedy and to a fair trial, the presumption of innocence and the rights of the defence.