Innovative technology arrangements : the quest for a legal status

Abstract

Innovative Technology Arrangements is the term chosen by the Maltese legislator to describe the new technologies which include some form of autonomy or decentralised element within their software. Such technology arrangements have imposed various challenges onto Malta’s legal system forcing the legislator to create a legal framework to tackle such issues in a diligent and proactive manner. This research paper will analyse the possibility of solving certain capacity, liability and risk issues arising from the technology arrangements through the use of the principle of separate legal personality. This is a rather controversial topic bringing about further questions which have yet to be answered by entities proposing such an idea. The researcher will look into the current domestic situation and analyse existing legal structures along with alterations to be made to the current legal structures. This may cater for the particular needs emerging technologies may require. Offering technology arrangements a legal status may eliminate certain liability and risk issues, however, the application and implementation of such laws is deemed to be rather challenging and thus, may result in an ineffective legislation. In addition to this, the researcher will refer to foreign approaches on the subject matter to gain further knowledge and analyse the different approaches being considered by other countries in comparison to the route chosen by Malta. Given the cross border element of the technology, the way forward should include a harmonised legislation along with the European Union and other non-members to unite and create a uniform approach when tackling such issues. This will help in regulating and creating effective legislation while still respecting other legislations such as those imposed by the European Union itself which includes General Data Protection Regulations. Therefore, the ultimate goal is creating a balance where technology is regulated offering safeguards for its users, while still maintaining respect towards individual’s rights. The topic of legal status for Innovative Technology Arrangements may lead to a further discussion on incorporating Artificial Intelligence with Innovative Technology Arrangements. This raises a new set of questions on whether Artificial Intelligence should fall under the same discussion on whether or not it should hold a separate legal personality, if and when Innovative Technology Arrangements are granted such title.