GREECE
Since May 2014
Pillar Telecom infrastructure & competition |
Sub-pillar 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
GREECE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
Sub-pillar 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
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
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)
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.
Almost all the existing limitations in Greek Copyright law are included in the catalogue of limitations of Art. 5 of the Directive.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240402221244/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20211129125012/http://www.et.gr/idocs-nph/search/pdfViewerForm.html?args=5C7QrtC22wGldAs1HD7Xe3dtvSoClrL8O8rYwwqcc7DtIl9LGdkF53UIxsx942CdyqxSQYNuqAGCF0IfB9HI6hq6ZkZV96FIbhD...
GREECE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar 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 (%)
79.75%
Coverage: Digital goods
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
Sources
- https://web.archive.org/web/20170903135052/http://www.et.gr/idocs-nph/search/pdfViewerForm.html?args=5C7QrtC22wFHp_31M9ESQXdtvSoClrL8RC-n_7hz1t15MXD0LzQTLWPU9yLzB8V68knBzLCmTXKaO6fpVZ6Lx3UnKl3nP8NxdnJ...
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
GREECE
Since March 2004, last amended in February 2014
Since August 2016, last amended in 2021
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))
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).
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
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230811225412/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:239895
- https://web.archive.org/web/20240224033351/https://www.eaadhsy.gr/n4412/
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
- Show more...
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
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)
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