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GREECE

Since July 2000
Since May 2003

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than 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

GREECE

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Greece imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

GREECE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Hellenic Telecommunications Organisation S.A. (OTE) is the incumbent telecommunications provider in Greece. Although the company was privatised in 2001 and the Greek state has been gradually reducing its participation in OTE's share capital, it is reported that Greece still owns 7.2% of OTE's share capital.
Coverage Telecommunications sector

GREECE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Greece does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is a remedy that may be imposed on SMP operators. It is currently imposed on the incumbent and the three mobile operators.
Coverage Telecommunications sector

GREECE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Hellenic Telecommunications and Post Commission (EETT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

GREECE

Since September 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law No. 4727/2020 – Digital Governance (Incorporation into Greek Law of Directive (EU) 2016/2102 and Directive (EU) 2019/1024), Electronic Communications (Incorporation into Greek Law of Directive (EU) 2018/1972) and other provisions (Νόμος 4727/2020 – Ψηφιακή Διακυβέρνηση (Ενσωμάτωση στην ελληνική νομοθεσία της Οδηγίας (ΕΕ) 2016/2102 και της Οδηγίας (ΕΕ) 2019/1024), Ηλεκτρονικές Επικοινωνίες (Ενσωμάτωση στην ελληνική νομοθεσία της Οδηγίας (ΕΕ) 2018/1972) και λοιπές διατάξεις)
Pursuant to Arts. 85–87 of Law No. 4727/2020, central government authorities and public sector entities are required to host their core information systems and applications on national government cloud infrastructures (G-Cloud, RE-Cloud, H-Cloud), which are physically located within the territory of Greece.
Coverage Public sector

GREECE

Since October 1990

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Greece is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GREECE

Since May 2001
Since 1993

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Law No. 2121/1993 on Intellectual Property, Related Rights, and Cultural Affairs (Νόμος 2121/1993 Πνευματική Ιδιοκτησία, Συγγενικά Δικαιώματα και Πολιτιστικά Θέματα)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Almost all the existing limitations in Greek Copyright law are included in the catalogue of limitations of Art. 5 of the Directive.
Coverage Horizontal

GREECE

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been reported that, between 2017 and 2022, Greece recorded one of the highest rates of internet piracy among EU Member States. Greece, along with Portugal and Cyprus, notably leads the EU in piracy rates of live sporting events, significantly exceeding the EU average. Moreover, it is reported that in 2022, pirated TV content experienced a notable increase, with TV shows, series, and on-demand movies being the most commonly pirated genres.
Coverage Horizontal

GREECE

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Greece have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

GREECE

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Greece have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

GREECE

Since June 2016
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Harmonization of Greek Legislation with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Know-How and Undisclosed Business Information (Trade Secrets) Against Their Illegal Acquisition, Use, and Disclosure (EEL 157 of 15.6.2016) - Measures to Accelerate the Work of the Ministry of Economy and Development and Other Provisions. (Εναρμόνιση της ελληνικής νομοθεσίας με την Οδηγία (ΕΕ) 2016/943 του Ευρωπαϊκού Κοινοβουλίου και του Συμβουλίου της 8ης Ιουνίου 2016 σχετικά με την προστασία της τεχνογνωσίας και των επιχειρηματικών πληροφοριών που δεν έχουν αποκαλυφθεί (εμπορικό απόρρητο) από την παράνομη απόκτηση, χρήση και αποκάλυψή τους (EEL 157 της 15.6.2016) - Μέτρα για την επιτάχυνση του έργου του Υπουργείου Οικονομίας και Ανάπτυξης και άλλες διατάξεις.)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Greece transposed the Directive into national law in 2018, as well as with the Harmonization of Greek legislation with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of know-how and undisclosed business information (trade secrets) against their illegal acquisition, use and disclosure (EEL 157 of 15.6.2016) - Measures to accelerate the work of the Ministry of Economy and Development and other provisions.
Coverage Horizontal

GREECE

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile and fixed sectors. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
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ITA: [{"meta_value":"EU"}]

GREECE

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)
0.91%
Coverage rate of zero-tariffs on ICT goods (%)
76.86%
Coverage: ICT goods

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