S.L. 546.2 · Business Register And Information (S.L. 546.2)
S.L. 546.2 Art. 2Interpretation. Cap. 546. S.L. 546.01. S.L. 546.01. S.L. 546.01. Cap. 386. S.L. 546.01. S.L. 546.01. Cap. 386. Cap. 386. S.L. 546.01. S.L. 546.01. S.L. 546.01. Cap. 386. Cap. 168. Cap. 452. Cap. 442. S.L. 546.01.
In these regulations, unless the context otherwise requires:
"Act" means the Re-Use of Public Sector Information Act;
"data generator" means any person, undertaking or public body responsible for generating and updating business-related information and data which is to be shared with other public entities;
"data manager" means a natural person appointed by the owners of an undertaking, by board resolution in the case of a company, to manage the daily affairs of the undertaking and who is made responsible for the updating of the particulars of the undertaking in the Register; in the case of a sole trader, the data manager shall be the sole proprietor himself, and in the case of a partnership, the data manager shall be one of the partners, unless, in both cases, a person is specifically appointed to fulfil such function; "data owner" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"data-sharing" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"director" includes any person occupying the position of director of a company by whatever name that position may be called carrying out substantially the same functions in relation to the running of the company as those carried out by a director;
"established in Malta" means the head office, agency, or branch or part of a business;
"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
"information" shall also include data;
"information system" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"limited liability company" means a company duly formed and registered under Part V of the Companies Act;
"name", in relation to an individual, means that individual’s first name or names and surname;
"official record" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"official register" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"open data" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations 2020;
"owner" means the ultimate beneficiary natural person who, directly or indirectly, has a shareholding or other interest in a business; "partnership" means a partnership en nom collectif or partnership en commandite duly formed and registered in terms of
Part III and Part V of the Companies Act;
"public limited company" means a company duly formed and registered under Part V of the Companies Act;
"public sector body" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations;
"prescribed" means prescribed by regulations made or deemed to have been made under the Act, and where no regulation is in force in respect of a matter which may or is to be prescribed, means determined, approved or allowed by the Minister;
"Register of Registers" means the Register established under
Part V of the Organisational Structures for Data Sharing and Re-Use Regulations;
"the Registrar" means a person who is appointed to assign the unique identifier to each undertaking and to administer the Register of Businesses according to these regulations and appointed by virtue of regulation 3;
"the Regulator" means the regulatory authority for the purposes of the Act as defined in the Organisational Structures for Data Sharing and Re-use Regulations;
"undertaking" or "business" means any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed; an undertaking listed in the Register can be either -
(a) a commercial partnership formed and registered under the Companies Act or formed and registered under the Commercial Partnerships Ordinance where applicable; or
(b) a self employed person as defined in the
Employment and Industrial Relations Act; or
(c) a co-operative society as defined in the Co-
operatives Societies Act; or
(d) any other economic activity:
Provided that "undertaking" or "business" shall also include entrepreneurs and, or business entities that may apply for certain incentives, although not yet incorporated in Malta, but who may be taxed in Malta on the basis of their operation, in accordance with the relative legislation then in force;
"unique identifier" shall have the same meaning as is assigned to it in the Organisational Structures for Data Sharing and Re-Use Regulations.