Approval Request Form Template (Malta)

eIDAS direct effect, with the Electronic Commerce Act filling the gaps

eIDAS establishes three tiers of electronic signature — simple, advanced and qualified — and guarantees that a qualified electronic signature (QES) is recognised across the EU with the same legal effect as a handwritten signature. Because eIDAS is a regulation, it applies directly in Malta without needing a transposing statute for its core rules; Act XXXV of 2016 instead cleared away Maltese law that would have conflicted with it.

The Electronic Commerce Act, Cap. 426, is the domestic act that fills in what eIDAS leaves to member states: recognising electronic contracts, setting out authentication methods and governing digital trust services generally. MECS, the Malta Electronic Certification Service, acts as the Qualified Trust Service Provider on behalf of the Government of Malta, issuing and revoking qualified certificates.

A second track for blockchain-based signatures

The MDIA Act, Cap. 591, creates the Malta Digital Innovation Authority and gives it jurisdiction over emerging technology arrangements, including blockchain-based electronic signatures that sit outside the traditional certificate-authority model eIDAS assumes. A DLT-based signature scheme recognised under the MDIA framework is a different legal animal from a QES issued through MECS, and an approval form should not treat the two as interchangeable without checking which regime the specific signing method actually falls under.

For most everyday approvals — sign-off on a document, authorisation of a request, internal or external decision-making — a standard eIDAS-qualified electronic signature through a recognised trust service provider is the straightforward route. The MDIA track matters specifically where the approval mechanism itself is built on a blockchain or distributed-ledger platform, which is a narrower and more technical case.

Clause-by-clause guide

Requester and approver

Identifies who is asking for approval and who has authority to grant or refuse it.

Subject of the request

A precise description of what is being submitted for approval, with any supporting documents referenced.

Basis for the decision

The reasoning behind an approval or refusal, with a reference to the applicable policy or rule.

Signature regime used

Whether the approval is signed with a standard eIDAS-qualified electronic signature or under the MDIA Act's blockchain-signature framework.

Deadline and notification

The date by which a decision must be made and how the requester is told of the outcome.

Malta compliance checklist

Most approvals use the standard eIDAS/Electronic Commerce Act route; only check the MDIA framework if the signing method itself is blockchain-based.

• Confirm eIDAS applies directly

  The eIDAS Regulation took effect in Malta on 1 July 2016 and applies directly as EU law; Act XXXV of 2016 removed conflicting Maltese provisions rather than re-enacting the Regulation's own rules.

  Mamo TCV - The eIDAS Regulation & its Effect on Maltese Electronic Commerce Law

• Use the Electronic Commerce Act for standard signatures

  Chapter 426 of the Laws of Malta governs electronic contracts, digital trust services and authentication methods domestically, filling in what eIDAS leaves to member states.

• Check whether a signature is qualified

  A qualified electronic signature has the same legal effect as a handwritten signature under eIDAS. Simple and advanced electronic signatures have narrower recognition and are not automatically equivalent.

• Verify the trust service provider

  MECS acts as the Qualified Trust Service Provider on behalf of the Government of Malta, issuing and revoking qualified certificates — check the provider used is on the relevant trusted list.

  Malta Communications Authority - Trust Services and eID

• Identify blockchain-based signatures separately

  If the approval mechanism itself runs on a blockchain or distributed-ledger platform, check whether the MDIA Act's framework for emerging technology arrangements applies rather than assuming the standard eIDAS route covers it.

• Do not overstate the form's own effect

  An approval request form documents a decision; it does not itself constitute regulatory approval where a licence, permit or public authority sign-off is separately required.

How to complete this approval request form

1. Identify requester and approver. Name the person submitting the request and the person or body with authority to decide it.
2. Describe the subject of the request. State precisely what needs approval and attach any supporting material referenced in the request.
3. Choose the signature regime. Select a standard eIDAS-qualified electronic signature for most cases, or the MDIA blockchain-signature route only if the signing platform itself is DLT-based.
4. Set the deadline. Enter the date by which a decision is expected and how the outcome will be communicated.
5. Sign and record the decision. The approver signs with the chosen method and records the reasoning for approval or refusal.

Frequently asked questions

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