Database

Browse Database

GREECE

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
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  |  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
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

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar 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

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  |  Sub-pillar 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  |  Sub-pillar 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 2021

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Law No. 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. 47 of Law 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.
Coverage Gambling sector

GREECE

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

Pillar Domestic data policies  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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

GREECE

Since July 2000
Since May 2003

Pillar Intermediary liability  |  Sub-pillar 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

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 October 1990

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)  |  Sub-pillar 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)  |  Sub-pillar 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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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

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