Technical

innovative technology arrangement

Software, code, protocols and architectures used in DLT/smart contracts.

How the laws define this

Both regulatory sources agree that an innovative technology arrangement is a software system, architecture, or defined class of technological constructs—including code, protocols, and related components—used to design, implement, deliver, or underpin designated technologies such as distributed ledger technology and smart contracts. Under both instruments, these arrangements form the core subject of Malta Digital Innovation Authority recognition, conformity assessment, or certification under the ITAS framework. The key point of divergence lies in the explicit treatment of artificial intelligence. The Malta Digital Innovation Authority Act establishes an intentionally broad definition encompassing evolving technical implementations around smart contracts and distributed ledger technology, without explicitly detailing artificial intelligence. In contrast, the AI Innovative Technology Arrangement (AI ITA) scheme / National AI certification programme (MDIA) explicitly includes AI systems within the ITAS certification scope alongside distributed ledger technology and smart contracts.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
MaltaMalta Digital Innovation Authority ActIn ForceThis definition emphasizes a defined class of technological constructs that are intentionally broad to encompass evolving technical implementations eligible for MDIA recognition or certification.
MaltaInnovative Technology Arrangements and Services (ITAS) Certification RegulationsIn ForceThis definition explicitly widens the scope to include AI systems within ITAS certification alongside DLT and smart contracts, focusing on software systems or architectures subject to MDIA conformity assessment.

What it triggers

  • In Malta under the Malta Digital Innovation Authority Act, items identified as innovative technology arrangements are eligible for MDIA recognition or certification.source
  • Under the Innovative Technology Arrangements and Services (ITAS) Certification Regulations, ITAs are subject to MDIA conformity assessment and certification.source

Definitions (2)

A defined class of technological constructs including software, code, protocols, architectures and related components that underpin smart contracts and distributed ledger technology applications. The term is used to identify items eligible for MDIA recognition or certification under the Act and is intentionally broad to encompass evolving technical implementations.

An ITA is a software system or architecture used to design, implement, or deliver designated technologies (for example DLT, smart contracts) and explicitly includes AI systems within the ITAS certification scope. ITAs are the subject of MDIA conformity assessment and certification under the ITAS framework.

Not to be confused with

smart contract

A smart contract is a specific computer protocol that enforces agreements automatically, whereas innovative technology arrangement is a broader class encompassing software and architectures that underpin such contracts.

innovative technology

Innovative technology is a broad legal definition covering digital technologies and related products/services, while innovative technology arrangement specifically refers to the software systems or architectures used in designated technologies like DLT and smart contracts.

Questions and answers

What technologies qualify for MDIA certification as innovative technology arrangements?

Innovative technology arrangements include software, code, protocols, architectures and related components underpinning smart contracts and DLT applications. They are intentionally broad to cover evolving implementations. AI systems are explicitly included in the ITAS certification scope.

How does the Malta Digital Innovation Authority Act handle innovative technology arrangements?

The Act uses the term to identify items eligible for MDIA recognition or certification. It establishes the MDIA to promote, recognise and regulate these arrangements and services including DLT.

What is the certification process for ITAs under Maltese regulations?

ITAs are subject to MDIA conformity assessment and certification under the ITAS framework. This voluntary pathway promotes trustworthy adoption through certification, sandboxing and alignment.