GDPR has been in force since 2018, yet many Malta websites remain non-compliant. The Information and Data Protection Commissioner (IDPC) has increased enforcement activity, and fines can reach up to 4% of annual global turnover. This guide covers the practical steps Malta businesses need to take to ensure their websites comply with data protection regulations.
Cookie Consent Requirements
The most visible GDPR requirement is cookie consent. Under EU law, you must obtain explicit, informed consent before setting any non-essential cookies. This means analytics cookies (Google Analytics), advertising cookies (Meta Pixel, Google Ads), and any third-party tracking cannot load until the user actively opts in.
A compliant cookie banner must:
- Not use pre-ticked boxes: Consent must be an active opt-in. Presenting all categories as pre-selected violates the regulation.
- Make rejection equally easy: If you have an "Accept All" button, you must have an equally prominent "Reject All" button. Burying the reject option in settings is not compliant.
- Allow granular control: Users should be able to consent to specific cookie categories independently — analytics, marketing, and functional cookies as separate choices.
- Be withdrawable: Users must be able to change their consent preferences at any time. Provide a persistent link to cookie settings, typically in the footer.
Privacy Policy Essentials
Every Malta website must have a clear, accessible privacy policy written in plain language. Generic templates copied from the internet are not sufficient — your privacy policy must accurately reflect your specific data processing activities. It should explain what personal data you collect, why you collect it (lawful basis), how long you retain it, who you share it with (including third-party processors like Google, Mailchimp, or your hosting provider), and how users can exercise their rights.
For eCommerce sites, you must also explain how order data is processed, how payment information is handled (typically by your payment processor, not stored on your server), and your data retention policy for customer accounts and order history.
Contact Forms and Data Collection
Contact forms, newsletter sign-ups, and account registration forms all collect personal data. Each form must include a link to your privacy policy and, where appropriate, a consent checkbox. For newsletter subscriptions, implement double opt-in — after submitting the form, the user receives a confirmation email they must click to activate the subscription. This creates a clear record of consent.
Only collect the data you actually need. If your contact form asks for a phone number but you never call prospects, remove the field. Data minimisation is a core GDPR principle — you should not collect or store personal data beyond what is necessary for your stated purpose.
Third-Party Services and Data Transfers
Most websites use third-party services that process personal data — analytics tools, email marketing platforms, CRM systems, and customer support software. Under GDPR, you are responsible for ensuring these processors comply with data protection requirements. Review your third-party services, maintain a record of processing activities, and ensure you have Data Processing Agreements (DPAs) in place.
Be particularly careful with data transfers to countries outside the EU. Since the Schrems II ruling, transferring personal data to the US requires appropriate safeguards. The EU-US Data Privacy Framework provides a legal basis for transfers to certified US companies, but you must verify that your specific processors are certified.
Practical Implementation
For cookie consent, we recommend tools like Cookiebot, CookieYes, or Complianz, which handle the technical implementation and maintain consent records. Use Google Consent Mode v2 to ensure your Google tags respect user consent choices, which is now required for personalised advertising in the EEA.
At Born Digital, we build GDPR-compliant websites for Malta businesses from the ground up. This includes proper consent management, privacy policy drafting guidance, and technical implementation that respects user choices. If you are unsure about your current compliance status, we can perform a GDPR audit of your website and recommend specific actions.