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GUINEA

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Coverage Horizontal

GUINEA

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 22 of Law L/2022/0010/CNT provides that without prejudice to provisions more favourable to the access of local businesses to public contracts, preference is given to a tender that complies with the tender or consultation documents submitted by a local business if that tender is for a higher amount than the lowest evaluated compliant offer from a tenderer who is not a local company and falls within a margin of preference. Such a percentage is at least 10% for works and 15% for supplies and services. The national preference is quantified in the tender or consultation documents as a percentage of the amount of the tender.
Contracts for temporary groupings of foreign operators concluded with Guinean natural or legal persons also benefit from this national preference, provided that 40% of the services are entrusted to a small or medium-sized local company, either as a co-contractor or sub-contractor or that a minimum number of key national experts is proposed.
The implementing decrees are not yet available.
Coverage Horizontal
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ITA: [{"meta_value":"1.00"}]

GUINEA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.27%
Coverage rate of zero-tariffs on ICT goods (%)
4.97%
Coverage: ICT goods

GREECE

Since August 2011, last amended in 2021

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Law 4002/2011 on Amendment of the State Pension Legislation - Arrangements for Growth and Fiscal Consolidation - Issues of Responsibility of the Ministries of Finance, Culture and Tourism, and Labour and Social Security (Νόμος 4002/2011 Τροποποίηση της συνταξιοδοτικής νομοθεσίας του Δημοσίου - Ρυθμίσεις για την ανάπτυξη και τη δημοσιονομική εξυγίανση - Θέματα αρμοδιότητας Υπουργείων Οικονομικών, Πολιτισμού και Τουρισμού και Εργασίας και Κοινωνικής Ασφάλισης)
Art. 46 of Law 4002/2011 requires that gambling sites operating in Greece have a ".gr" domain name.
Coverage Gambling sector

GREECE

Since June 2014
Since November 1994

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law No. 2251/1994 on the Protection of Consumers (Νομος υπ' αριθ 2251/1994 Προστασία των καταναλωτών)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law 2251/1994 on the Protection of Consumers. The law contains provisions about terms of contract, distance selling, liability, and unfair trade practices, among other things.
Coverage Horizontal

GREECE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Greece has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

GREECE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Greece has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

GREECE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Greece has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

GREECE

Since March 2010, entry into force in May 2010, last amended in 2018
Since February 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Law No. 4779 of 20 February 2021 (ΝΟΜΟΣ 4779 της 20ης Φεβρουαρίου 2021)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Greece, the EU Directive was transposed into domestic law through Law 4779 of 20 February 2021. According to Art. 17 of the law, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are given prominence. These providers are required to report to the National Audiovisual and Communications Center (EKOME SA) each June on their compliance with these obligations for the previous year. Additionally, audiovisual service providers located in other Member States that offer services to consumers in Greece must annually contribute an amount equal to 1.5% of their turnover related to their activities in Greece. This amount is designated for the production of Greek audiovisual works, the purchasing of licenses for Greek audiovisual works that have not yet been distributed, or it may be paid to EKOME SA for funding Greek productions.
Coverage On-demand audiovisual services

GREECE

Since 2006
In April 2014
Since February 2011, last amended in 2013

Pillar Cross-border data policies  |  Indicator Local storage requirement
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law No. 3917/2011 on Preservation of Data Generated or Processed in Connection with the Provision of Publicly Available Electronic Communications Services or Public Communications Networks, Use of Surveillance Systems for the Reception or Recording of Audio or Video in Public Places and Related Devices (Νόμος Υπ’ Αριθ. 3917 Διατήρηση δεδομένων που παράγονται ή υποβάλλονται σε επεξεργασία σε συνάρτηση με την παροχή διαθέσιμων στο κοινό υπηρεσιών ηλεκτρονικών επικοινωνιών ή δημόσιων δικτύων επικοινωνιών, χρήση συστημάτων επιτήρησης με τη λήψη ή καταγραφή ήχου ή εικόνας σε δημόσιους χώρους και συναφείς διατάξεις.)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned. The Greek law implementing the Directive is still in place. Art. 6 of Law 3917/2011 goes even further in the implementation of the Data Retention Directive by requiring that retained data on ‘traffic and localisation’ stay ‘within the premises of the Hellenic territory.’
Coverage Telecommunication services or public communication networks
Sources

GREECE

Since August 2011, last amended in October 2019

Pillar Cross-border data policies  |  Indicator Local storage requirement
Law No. 4002/2011 (Νόμος 4002/2011)
Art. 47.5 of Law No. 4002/2011 requires that data relating to the conduct of online gambling, as well as data exchanged between a player, licensee, internet service provider and financial institutions relating to such games, are stored in servers located in Greece for a period of 10 years. Moreover, according to Art. 30, in order to receive a licence, the legal entity must maintain a safe server in Greece, which will be connected to the Hellenic Gaming Commission (HGC).
Coverage Gambling sector

GREECE

Since April 2016, entry into force in May 2018
Since August 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Law No. 4624/2019 on the Personal Data Protection Authority, Implementing the General Data Protection Regulation (Regulation (EU) 2016/679) and Transposing into National Law Data Protection Directive with Respect to Law Enforcement (Directive (EU) 2016/680) and Other Provisions
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Greece implemented the GDPR in 2019 through Law No. 4624/2019.
Coverage Horizontal

GREECE

Since May 2006
In April 2014
Since February 2011, last amended in 2013

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law No. 3917/2011 on Preservation of Data Generated or Processed in Connection with the Provision of Publicly Available Electronic Communications Services or Public Communications Networks, Use of Surveillance Systems for the Reception or Recording of Audio or Video in Public Places and Related Devices (Νόμος Υπ’ Αριθ. 3917 Διατήρηση δεδομένων που παράγονται ή υποβάλλονται σε επεξεργασία σε συνάρτηση με την παροχή διαθέσιμων στο κοινό υπηρεσιών ηλεκτρονικών επικοινωνιών ή δημόσιων δικτύων επικοινωνιών, χρήση συστημάτων επιτήρησης με τη λήψη ή καταγραφή ήχου ή εικόνας σε δημόσιους χώρους και συναφείς διατάξεις.)
Under the Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned. The Greek law implementing the Directive is still in place. Specifically, Article 6 of Law 3917/2011 requires that data be retained for a period of 12 months, and it needs to be retained within the Hellenic territory.
Coverage Telecommunication services or public communication networks

GREECE

Since July 2000
Since May 2003

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Presidential Decree 131/2003 on Adjustment to Directive 2000/31 of the European Parliament and the Council Regarding Certain Legal Aspects of Services of the Information Society, Especially Electronic Commerce in the Common Market, Directive on Electronic Commerce and Directive 2003/31/EC (Προεδρικό Διάταγμα 131/2003 Προσαρμογή στην Οδηγία 2000/31 του Ευρωπαϊκού Κοινοβουλίου και του Συμβουλίου σχετικά με ορισμένες νομικές πτυχές των υπηρεσιών της κοινωνίας της πληροφορίας, ιδίως του ηλεκτρονικού εμπορίου, στην εσωτερική αγορά. (Οδηγία για το ηλεκτρονικό εμπόριο))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.

The Greek Presidential Decree 131/2003 implements the E-commerce Directive in Greece almost verbatim. The provisions in this Decree are considered to exempt the ISPs from every liability (civil, penal, administrative), even the severe liability of service providers according to Art. 8 of Law 2251/1994 on consumer protection. One considerable exemption to the no-liability rule is the field of data protection.
Coverage Intermediaries

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