https://www.um.edu.mt/library/oar/handle/123456789/1124 Fri, 04 Sep 2026 16:26:57 GMT 2026-09-04T16:26:57Z https://www.um.edu.mt/library/oar/handle/123456789/148937 Title: Deceptive practices in the digital marketplace : the role of the digital fairness act in enhancing consumer protection Abstract: The increasing prevalence of deceptive design techniques in digital markets poses significant challenges to traditional models of consumer protection. Commercial practices such as dark patterns, hyper-personalisation, influencer marketing and addictive design operate not merely through misleading information. Rather, they operate through the systematic shaping of consumer behaviour via digital environments that exploit predictable behavioural tendencies. These developments fundamentally challenge regulatory models grounded in transparency and individual choice, raising the question of whether existing EU consumer protection law remains adequate to address such practices. The existing EU framework, centred primarily on the Unfair Commercial Practices Directive and the Digital Services Act, retains partial capacity to address certain harmful digital practices. However, both instruments reveal structural limitations. The UCPD's reliance on an average consumer benchmark and a transaction specific model of decision making renders it ill-equipped to capture continuous, system-level forms of behavioural influence. While the DSA advances consumer protection by directly targeting manipulative interface design, its scope remains largely confined to visible design features, leaving deeper architectures of digital influence insufficiently addressed. Therefore, this dissertation sets out to examine the existing gaps in the EU consumer protection acquis and consider how they can be addressed in a future Digital Fairness Act, in light of existing and emerging deceptive practices. It is argued that the DFA has the potential to represent a meaningful step forward, provided that it moves beyond interface-level regulation to engage with the system-level architectures through which consumer behaviour is increasingly shaped. To achieve this, the DFA should clarify manipulation as a distinct regulatory concept, recalibrate the average consumer standard to reflect situational vulnerability, embed fairness by design as a regulatory principle and address the fragmentation that currently characterises the EU digital consumer protection landscape. Interface-level intervention remains necessary, but it is no longer sufficient on its own. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148937 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148935 Title: The EU's response to democratic challenges : strengths and weaknesses in political advertising legislation Abstract: This dissertation examines the European Union’s regulatory approach to political advertising, focusing on Regulation (EU) 2024/900 on the transparency and targeting of political advertising. It situates the Regulation within the broader transformation of political communication driven by social media developments, cross-border platforms, and data-driven advertising systems. The introduction of these systems has posed new risks to democratic processes, including transparency, manipulation, and foreign interference. The study analyses the constitutional framework governing EU intervention in this field, as highlighting the tension between the Union’s growing role in safeguarding democratic values and the limits imposed by the principle of conferral. It traces the development of the EU’s approach from soft-law instruments to binding regulation and examines the structure, legal basis, and regulatory model of Regulation (EU) 2024/900. Particular attention is given to the Regulation’s reliance on internal market competences and transparency-based mechanisms. The dissertation argues that, while the Regulation makes a significant contribution to improving transparency and coordination in political advertising, it remains structurally limited. Its legal basis is constitutionally contested, its enforcement is likely to vary across Member States, and its scope does not fully capture emerging forms of digital political influence. Moreover, its reliance on transparency as a primary regulatory tool raises questions about its capacity to address deeper structural dynamics within digital communication environments. The dissertation concludes that Regulation (EU) 2024/900 represents an important but incomplete response to the challenges of digital political advertising. Its long-term effectiveness and constitutional sustainability will depend on its implementation in practice and the interpretative role of the Court of Justice of the European Union. Further research and case law will be essential to assess its capacity to function as a coherent regulatory framework in the digital age. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148935 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148934 Title: The Ombudsman as a check on the public sector : a critical and legal analysis Abstract: This dissertation analyses the Parliamentary Ombudsman as a check on the public sector, examining the limitations and potential of oversight. It explores the restrictions encountered by the Ombudsman and the way issued recommendations are treated. The study begins by introducing the Parliamentary Ombudsman to provide the necessary legal and institutional background. The study then considers emerging challenges to effective oversight, particularly in the context of privatisation, where private companies perform public functions, and whether or not they fall, or should fall within the remit of the Parliamentary Ombudsman. A comparative perspective is introduced through reference to the United Kingdom, where some correctional facilities are managed by private entities. The research argues that legislative reform is necessary to extend the Ombudsman’s jurisdiction to private entities exercising public functions. The dissertation further discusses the complaints procedure, the results of an investigation, and the nature of the recommendations issued by the Ombudsman. Particular attention is given to the behaviour and effectiveness of such non-binding recommendations in the context of the complex relationship between the Ombudsman and the Courts of Law. This is examined, with specific reference to judicial review under Article 469A of Chapter 12 of the Laws of Malta, and by distinguishing the fairness of the Parliamentary Ombudsman from the strict legality of the Courts. Furthermore, the reality of the Ombudsman’s recommendations is emphasised in that: a win with the Parliamentary Ombudsman does not pertain to a win with the Courts. The study concludes by proposing procedural reform allowing cases involving unimplemented recommendations to be discussed more effectively at parliamentary level, and by suggesting a stronger role for the Ombudsman when matters investigated by the Ombudsman subsequently come before the courts. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148934 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148931 Title: Traditional company law processes vs contemporary digital ones : a comparison Abstract: The way company law procedures are carried out has changed dramatically in recent years due to the digitisation of business procedures. Modern digital processes intended to improve efficiency, accessibility, and regulatory supervision have gradually supplanted traditional manual procedures that mostly relied on paper-based documentation, physical submissions, and in-person verification. The adoption of digital platforms and electronic file systems in Malta has made this transition easier by enabling the electronic submission, processing, and storage of business data. These advancements have brought about significant benefits, but they have also brought up significant legal, security, and regulatory issues. With a focus on the legal validity, evidential reliability, and security implications of digital corporate documentation, this dissertation explores the shift from conventional company law procedures to modern digital processes. The legal recognition of electronic signatures under Regulation (EU) No 910/2014 on electronic identification and trust services (eIDAS) and the applicability of Maltese laws such as the Civil Code and the Criminal Code in addressing issues related to digital authentication and potential misuse are among the pertinent regulatory frameworks governing digitalisation in the corporate sector that are examined in this study. The study also considers how digital corporate filing systems and registries may boost regulatory oversight, increase administrative efficiency, and improve transparency. Through a detailed analysis of the information gathered and the insights obtained from experts through the collection of primary data, the author provides valuable observations and proposes recommendations on how the existing legal and regulatory framework governing digital company law processes can be strengthened, particularly in relation to the legal validity, security, and accountability of digital corporate filings within the Maltese corporate registry system. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148931 2026-01-01T00:00:00Z