Paul Gonzi is a partner at Fenech & Fenech Advocates specialising in Employment Law, Data Protection and TMT Law.

 

After graduating with a Bachelor of Laws, Diploma of Notary Public and Doctor of Laws at the University of Malta in 2006 he earned his Master of Laws (LLM) in the subject grouping ‘Computer and Communications Law’ at Queen Mary and Westfield College, University of London.

 

He has over a decade of hands-on experience advising clients on litigious and non-litigious matters. Paul is also a litigant in various fora, including before the Courts, the Industrial Tribunal, in Arbitration and also before the Appeal Tribunals in matters of employment law, industrial relations, public procurement and telecoms.

 

Paul is also a contributor in various publications and also contributes towards several conferences and training sessions in his areas of specialisation.

 

In the employment field, Paul has extensive experience advising clients on contractual issues, drafting of policies and procedures, employment conditions, collective bargaining and negotiations with unions and advising on industrial disputes; transfer of business; collective redundancies; transfer of personal data; disputes on recognition of unions; handling disciplinary hearings and grievance procedures; disputes relating to dismissals and termination; handling administrative complaints with the Department of Employment and Industrial Relations (‘DIER’); challenging disputes before the Industrial Tribunal, Civil Court and Appeal Court.

 

Paul also specialises in the field of engagement of crew and seafarers on commercial and non-commercial vessels registered under the Malta Flag with a focus on the 2013 Rules which transpose the provisions of the 2006 Maritime Labour Convention (MLC 2006) into the Laws of Malta; including on issues of drafting of Seafarer Employment Contracts (SEAs); conditions of work; ship-owner liability for injury and sickness and personal injury.

 

Recent and current cases in which he was involved include acting for Malta’s public transport service provider against the General Workers Union in which the Courts provisionally upheld a precautionary warrant of injunction filed in September 2015 to stop a strike beyond the minimum service requirements established at law; acting for Malta Freeport Limited in an industrial dispute on the recognition of unions before the Industrial Tribunal; in representing a major employer in conciliation meetings mediated by the Director of Labour on the interpretation of the EU Organisation of Working Time Directive and the local regulations transposing same in the context of mobile workers; assisting senior level employees with redundancy proceedings and successfully impeding the termination of an employment based on redundancy by means of a warrant of prohibitory injunction upheld by the Civil Court; acting for an international super yacht owner in the context of an unfair dismissal claim filed by a sea captain before the Industrial Tribunal and a complaint filed by a seafarer with the Transport Malta Shipping Directorate.

 

In the field of Data Protection Law, Paul advises data protection and privacy policies and procedures; on notification of data controllers and data processing, engaging of data processors and sub-contractors, local and international data transfers; EU Commission Standard Contractual Clauses (‘SCCs’) and Binding Corporate Rules (‘BCRs’) and handling complaints with Office of the Information and Data Protection Commissioner (‘IDPC’); Recent and current cases include acting for TUI Cruises in a complaint filed before the Information and Data Protection Commissioner; advising an international money transfer organisation to set up and obtain IDPC approval of a regulated international transfer of personal data; Paul is an expert in GDPR and manages various Legal Audits for clients geared towards legal compliance.

 

In matters of ICT Paul has experience in contract drafting and advising on software development contracts; software licence agreements; IT and hardware development contracts; outsourcing agreements; website terms and conditions; website privacy policies, end-user agreements; protection of intellectual property and confidential data; litigating and instituting measures to protect data from unlawful disclosures.

 

In matters of Telecoms Law Paul has experience in advising a major telecoms operator on matters relating to telecoms law including on regulation of telecoms markets, consumer legislation and the review of end-user terms, competition law; data protection and other related matters such as the powers and competences of the local industry regulator; Recent and current cases in which he was involved include acting for Vodafone Malta Limited to defend a complaint alleging the application of unfair terms and commercial practices in terms of consumer legislation.

 

Paul also forms part of the International Practice at Fenech & Fenech Advocates and is often involved in transactional work and legal due diligence exercises, advising clients on the applicable legal framework and the rights, obligations and risks arising out of proposed commercial transactions or restructuring; He also advises in commercial disputes handled by the International Practice, such as on matters of public procurement (before the relevant Appeals Board or Court of Appeal) and on general commercial matters.

Education

2006 – 2007
Queen Mary University (University of London) – Centre for Commercial Law Studies,
Masters (LL.M.) Computer and Communications LAW.
Subject areas : Internet Law, Computer Law, Telecommunications Law,
Thesis 1: “An Analytical and Comparative Appraisal of Maltese e-Government Policy and Legislation.”
Thesis 2: “Interoperability Information and the Microsoft Decision: Can an undertaking be forced to supply information protected by Intellectual Property Rights?”

 

2003 – 2006
University of Malta, LL.D.
Thesis: “Remote Gaming: The position of Maltese Legislation in light of recent European and International Developments.”

 

2005 (October – February)
Libera Universita Degli Studi, St. Pio V, Rome
Student Mobility Program (erasmus)
Subject Area: Public International Law

 

2005
Institute of Financial Services Practitioners – Malta (IFSP)
Certificate in : Trust Law and Administration (exam Oct. 2005)

 

2003 – 2004
University of Malta
Dip. Notary Public

 

2000 – 2003
University of Malta,
B.A Legal and Humanistic Studies(European Studies)

Publications
  • October 2018 – GDPR UPDATE : CCTV FOOTAGE & RETENTION PERIODS │ APPEAL CASE 26/2017– LinkedIn
  • October 2018 – The binding & retroactive application of “A1 Certificates” CJEU Case C-527/16 – Alpenrind & others
  • September 2018 – New (now suspended) legal notices– International Labour Organization (ILO)
  • September 2018 – Temporary Agency Workers Regulations: changes on the horizon? – International Labour Organization (ILO)
  • August 2018 – BEYOND GDPR – A NEW DATA PROTECTION ACT & SUBSIDIARY LAWS – International Labour Organization (ILO)
  • June 2018 – GDPR for HR Professionals (co-authored with Dr Roselyn Borg Knight and Mr Angelito Sciberras)
  • April 2018 – GDPR UPDATE: The Bill for a new Data Protection Act (Chap. 440 of the Laws of Malta) has been published – LinkedIn
  • April 2018 – On-Call & Stand-by Shifts at Home: Beware it may be ‘Working Time’ – Published on Linkedin.
  • January 2018 – Chambers and Partners -Shipping 2018 Global Practice Guide (co-authored with Dr Ann Fenech)
  • June 2017 – Collective Dismissal in Malta – Collective Dismissal in the European Union – A Comparative Analysis; Chapter 19; Collective Dismissals in Malta (Wolters Kluwer ©Kluwer Law International BV, the Netherlands ISBN 978-90-411-5830-7)
  • May 2016 – Article: New EU Directive on the Protection of Trade Secrets – Adopted By The European Parliament 14.04.16
  • October 2015 –  Malta Law Update (Employment Law); Fenech & Fenech Advocates
  • 2014 (September) – Article “Proposed:  A new Working Time Directive for mobile crew and shipbaord personnel engaged on commercial inland-waterway vessels.” (pending publication)
  • 2014 (June) – Article “I’m taking my paid annual vacation leave. Pay me my lost commission!”; Published on Mondaq
  • 2014 – “The Maritime Labour Convention 2006; International Labour Law Redefined” Published by Informa Law from Routledge ISBN 978-0-415-85772-7(hbk) Contributor of Chapter on the employment of seafarers in light of the transposition of the ratification of Maritime Labour Convention of 2006 into the Laws of Malta.
  • 2013 – Contribution update of Malta Chapter in the Private Banking Helpdesk, LawinContext – -Interactive Knowledge from Baker & McKenzie.
  • 2012 – Contribution towards the “Private Client Tax”, Second Edition 2012, Malta Chapter
  • May 2011 – Multi-Jurisdictional Mayhem… A fallacy in the making. – Remote Gaming Update 2011, A Lotteries & Gaming Authority Publiation, Malta
  • July 2008 – Times of Malta – “Bold and Beautiful or Bad and Beastly? – An insight into ICANN’s decision to expand the internet’s domain-name system.”
  • 2008 – Malta: The Law & Jurisprudence Applying to Non-Contractual Obligations Resulting From Infringements of Personal Privacy
  • 2007 – An Analytical and Comparative Appraisal of Maltese e-Government Policy and Legislation. Thesis, Queen Mary University
  • 2007 – Interoperability Information and the Microsoft Decision: Can an undertaking be forced to supply information protected by Intellectual Property Rights? Thesis, Queen Mary University
  • 2006 – Remote Gaming: The position of Maltese Legislation in light of recent European and International Developments. Thesis, University of Malta
  • May 2005 – Study for the European Commission “MALTA: The Law and Jurisprudence applying to non-contractual obligations from infringements of personal privacy.”
Conferences
  • October 2018 – Employment Issues (Society Education)
  • October 2018 – Level 7 Award in Advanced Employment Law organised by Business Leaders (Malta); Training Seminar (topic; Restructuring, Redundancies & Collective Redundancies)
  • March 2018 – Hosted The Malta Employment Law Conference GDPR Focus
  • March 2018 – MACM Data Protection Seminar
  • December 2017 – Hosted The Malta Employment Law Conference 2017
  • November 2017 – Employment Law Training – Konnekt
  • October 2017 – GHSL Dissertation – University of Malta
  • October 2017 – In house (Casumo) GDPR Training Workshop
  • October 2017 – HR & Technology, Driving Business Value
  • October 2017 – Restructuring, Redundancies and Collective Redundancies
  • October 2017 – Take Action: Dealing with Whistleblowing and the new Data Protection Regulations
  • September 2017 – In-house General Data Protection Regulations Workshop – deVere Group
  • June 2017 – Employment Law Training – Konnekt
  • June 2017 – Legal Implications in HR Management – PWC
  • April 2017 – Law for Directors Session 2: Data Protection – Ticking all the Boxes
  • April 2017 – Employment Issues – A day conference organised by Society Education
  • December 2016 – Level 7 Award in Advanced Employment Law organised by Business Leaders (Malta); Training Seminar (topic; Data Protection in relation to Employment)
  • December 2016 – Information Systems Audit and Control Association (ISACA); Seminar ‘’ Social Media and Employment Law’’
  • October 2016 – Level 7 Award in Advanced Employment Law organised by Business Leaders (Malta); Training Seminar (topic; Restructuring, Redundancies and Collective Redundancies)
  • September 2016 – Hosted The Malta Employment Law Conference 2016
  • June 2016 – Mediterranean Bank; Presentation on Disciplinary Action & Procedures
  • June 2016 – Labour Law in Practice (Society Education)
  • February 2016 – Law for Directors and Managers – Data Protection
  • February 2016 – Is Workplace Privacy Dead? with focus on the ECHR Barbulescu case – organised by the Chamber of Advocates, Malta.
  • October  2015 – Law for Directors and Managers (Course on Data Protection for Directors)
  • April 2015 – Participation in Data Protection Conference organised by the Malta IT Law Association (MITLA) “Data Protection at crossroads: re-inventing wheels or chasing windmills”.
  • February 2015 – Employment Law Seminar 2015; Case Law and Updates (Society Education)
  • May 2014 – Business Leaders (Malta); Seminar “Protecting Yourself from Data Protection Laws. Is it really what you think?
  • April 2014 – Association of European Lawyers; Training Seminar (topic; Legal Due Diligence with a focus on employment/labour)
  • September 2013 – Firm representative at the 2013 AEL (Association of European Lawyers) Annual General Meeting, Warsaw.
  • April 2013 – Society Education Seminar, Relocating to Malta – Employment, Tax & Residency Matters (joint presentation)
  • March 2012 – Society Education Seminar, Recent Developments in the Employment Sector, Law, Case-Law and Conundrums.
  • June 2011 – COMNET IT Conference, Presentation on computer law and e-government laws.
  • May 2011 – University of Malta Library Staff Training, presentation on data protection laws.
  • June 2010 – COMNET IT Conference, Presentation on computer law and e-government laws.
  • June 2009 – COMNET IT Conference, Presentation on e-government laws.
  • June 2008 – COMNET IT Conference. Presentation given discusiing “e-Government and the Law”
Involvements and Memberships

Founding Member and Secretary General of the Malta Employment Law Association (MELA)

Malta Chamber of Advocates

Malta IT Law Association (MITLA)

Member (via Firm) of the Association of European Lawyers (AEL)