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GREECE

Since July 2000
Since 2002

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

Presidential Decree 131/2003 Adjustment to Directive 2000/31 of the European Parliament and the Council regarding certain legal aspects of services of the information society especial electronic commerce in the common market Directive on electronic commerce and Directive 2003/31/EC
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 harbor. 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 almost verbatim the E-commerce Directive in Greece. 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 article 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 2006
In April 2014
Since 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 3917/2011 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
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 which 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 2006
In April 2014
Since 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 3917/2011 Data retention produced or subjected to processing in relation to the provision of services of electronic communications available to the public or public communication networks, use of systems of surveillance with the storing or reception of sound or image in public spaces and related provisions
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 which 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

GREECE

Since August 2011

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Law 4002/2011 Amendment of the state pension legislation - Arrangements for growth and fiscal consolidation - Issues of responsibility of the Ministries of Finance, Culture and Tourism and Labor and Social Security
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

Reported in 2022

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

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 Organization S.A. (OTE) is the incumbent telecommunications provider in Greece. Although the company was privatized 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 to SMP operators. It is currently imposed to the incumbent and the three mobile operators.
Coverage Telecommunications sector

GREECE

Since June 2016
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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  |  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 has the obligation to 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

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Greece has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GREECE

Reported in 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
I is reported that the rate of unlicensed software installation in the country was 61% in 2017, above the 26% rate of the Western European countries, for an estimated commercial value of USD 173 million.
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
Greece has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
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 2121/1993 Intellectual property, related rights and cultural affairs
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

Since October 1990

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

GREECE

Reported in 2021

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 favor 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

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