S.L. 591.4 Art. 8Infringements.   Cap. 418.  Cap. 418.

(1) In relation to the enforcement of Regulation (EU)

2023/2854 by the Malta Digital Innovation Authority, articles 42, 43, 44 and Part IX of the Act shall apply to any infringement of the provisions of Regulation (EU) 2023/2854 with the exception of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 thereof.

(2) In relation to the enforcement of Regulation (EU) 2023/

2854 by the Malta Communications Authority, Part VI of the Malta

Communications Authority Act shall apply in relation to any infringement of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 of Regulation (EU) 2023/2854.

(3) Without prejudice to the provisions of the Act and of the

Malta Communications Authority Act, due regard shall be had to the recommendations of the European Data Innovation Board and the following non-exhaustive criteria for the imposition of penalties for infringements of Regulation (EU) 2023/2854:

(a) the nature, gravity, scale and duration of the infringement;

(b) any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;

(c) any previous infringements by the infringing party;

(d) the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses may be reliably established;

(e) any other aggravating or mitigating factor applicable to the circumstances of the case; and

(f) the infringing party’s annual turnover in the preceding financial year in the European Union.

(4) The Malta Communications Authority may prior to initiating any proceedings in relation to an infringement of Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 34 and 35 consult with the Malta Digital Innovation Authority and, or any relevant person.