Database

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GREECE

Since August 2016, last amended in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 4412 on Public Works Contracts, Procurement Contracts, and Services (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ΕΕ και 2014/25/ΕΕ))
Art. 25 of Law 4412/2016, which regulates public procurement in Greece, provides that participation in public procurement is reserved for local, EU and European Economic Area (EEA) companies and for companies from third countries that are parties to a relevant treaty with Greece or have ratified the WTO Government Procurement Agreement.
Coverage Horizontal

GREECE

Since March 2004, last amended in February 2014
Since August 2016, last amended in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Law No. 4412 on Public Works Contracts, Procurement Contracts, and Services (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ΕΕ και 2014/25/ΕΕ))
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Greece, the Directive has been transposed with Law No. 4412-Public Works contracts, procurement contracts and Services (adaptation to Directives 2014/24/ OJ and 2014/25/EU).
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

GREECE

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Greece, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Moreover, there are reports of complaints that Greece tends to require suppliers to source services and production locally or to partner with Greek manufacturers as a condition for the awarding of some contracts in public procurement.
Coverage Horizontal

GREECE

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that the Greek government has not imposed any restrictions on foreign ownership and investment in sectors relevant for digital trade.
Coverage Horizontal

GERMANY

Since 2016

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
DENIC terms of service
According to the DENIC terms of service, §3 (4), ".de" domain holders not domiciled in Germany shall name an authorised representative domiciled in Germany within two weeks of a corresponding request by DENIC.
Coverage Horizontal

GERMANY

Since November 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Interstate Media Agreement (Medienstaatsvertrag)
According to Art. 92 of the Interstate Media Agreement, providers of media intermediaries must designate an authorised recipient in Germany. Furthermore, according to Art. 115 of the law, a broadcaster also commits an administrative offence if it, as the provider of a media intermediary, does not designate an authorised recipient in Germany.
Coverage Media intermediaries

GERMANY

Since June 2014
Since July 2001

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

Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions (Federal Law Gazette I 2001 p. 1542) (Gesetz zur Anpassung der Formvorschriften des Privatrechts und anderer Vorschriften an den modernen Rechtsgeschäftsverkehr (Bundesgesetzblatt Jahrgang 2001 Teil I Nr. 35)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the "Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions."
Coverage Horizontal

GERMANY

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Germany has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

GERMANY

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Germany 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

GERMANY

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Germany 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

GERMANY

Since April 2019
Since June 2021

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market (Gesetz zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters) under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Bundestag has adopted the Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

GERMANY

Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2020, entry into force in November 2020

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

Interstate Treaty on Broadcasting and Telemedia (Medienstaatsvertrag (MStV))
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 Germany, the EU Directive was transposed into domestic law through the Interstate Treaty on Broadcasting and Telemedia. According to Art. 77 of the Treaty, to represent the diversity in the German-speaking and European regions and to promote European film and television productions, providers of television-like telemedia (VOD) must ensure that the proportion of European works in their catalogues is at least 30%.
Coverage On-demand audiovisual service

GERMANY

Since December 2020

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
Act on the Federal Office for Information Security (BSI Act – BSIG) (Gesetz über das Bundesamt für Sicherheit in der Informationstechnik (BSI-Gesetz - BSIG))
§9b of the Act on the Federal Office for Information Security requires that critical components register with the Federal Ministry of the Interior before their first use. The use of these components can be prohibited on three grounds: if the producer is controlled by a third state government, its military or other public authorities, directly or indirectly; if the producer has previously been involved in activities with negative consequences on the public safety or order of the Federal Republic of Germany, other member states of the EU, the European Economic Area or the North Atlantic Treaty; or if the use of the critical component is in contradiction with the security interests of the Federal Republic of Germany, the EU or the North Atlantic Treaty.
Coverage Critical infrastructure, including telecommunications

GERMANY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Germany does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation applies to SMP operators in some wholesale markets (e.g. IP bitstream + fibre LLU).
Coverage Telecommunications sector

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