Database

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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 - Public works contracts, procurement contracts and Services (adaptation to Directives 2014/24/ OJ and 2014/25/EU) - (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 the 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

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 - Public works contracts, procurement contracts and Services (adaptation to Directives 2014/24/ OJ and 2014/25/EU) - (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ ΕΕ και 2014/25/ΕΕ)
Art. 25 of the Law 4412/2016, which regulates public procurement in Greece, provides that participation to public procurement is reserved for local, EU and European Economic Area (EEA) companies, and for companies from third countries that are parties a relevant treaty with Greece or have ratified the WTO Government Procurement Agreement.
Coverage Horizontal

GERMANY

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of 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 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

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the 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

Since May 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Interstate Media Agreement
Online news providers are required to nominate a responsible local agent who is a permanent resident, is not barred from holding public office by court judgement, has full legal capacity and full capacity to be prosecuted.
Coverage Online news

GERMANY

Since June 2014
Since January 2002

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)
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

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 2020

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
Federal Act on the Security of Information Technology Systems
§9b of the Federal Act on the Security of Information Technology Systems 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

Since March 2010, entry into force in May 2010, last amended in 2018
Since 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 the Modernization of Media Regulation in Germany (Staatsvertrag zur Modernisierung der Medienordnung in Deutschland)
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
The directive has been transposed in 2020 with the Interstate Treaty on the Modernization of Media Regulation in Germany.
Coverage On-demand audiovisual service

GERMANY

Since October 2017

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Act to improve law enforcement in social networks (NetzDG)
NetzDG establishes broad requirements for dealing with illegal content and user complaints. Under §3 of the law, platform operators have to remove or block manifestly illegal content within 24 hours after receiving a complaint unless otherwise agreed with the competent law enforcement agency. Other illegal content has to be blocked or removed seven days after receiving a complaint, unless the decision whether the content is illegal is contingent on the veracity of a factual claim or the provider has put in place an independent body dealing with these claims. These procedures have to respect due process. Providers which receive more than 100 complaints per year have to submit two reports on these procedures each year (§2 NetzDG). The law has faced criticism from various human rights groups, the United Nations and the Council of Europe, among others. Criticisms include the potential undermining of freedom of speech and expression, vague definitions and arbitrary criteria for removal of content, and disproportionate sanctions for failing to comply.
Coverage Online platforms

GERMANY

Since July 2000
Since 2007

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

Telemedia Act (Telemediengesetz)
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.

Under §7-10 of the Telemedia Act, there are liability exemptions for intermediaries in cases where these have not actively triggered a transmission; chosen its recipient; where they have no knowledge of illegal content or activities or where they immediately remove related content. This broadens the scope of Art. 14 of the EU E-Commerce Directive, which only refers to "knowledge".
Coverage Electronic information and communication services

GERMANY


Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Germany 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 Horizontal

GERMANY

Since July 2000
Since 2007

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

Telemedia Act (Telemediengesetz)
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.

Under §7-10 of the Telemedia Act, there are liability exemptions for intermediaries in cases where these have not actively triggered a transmission; chosen its recipient; where they have no knowledge of illegal content or activities or where they immediately remove related content. This broadens the scope of Art. 14 of the EU E-Commerce Directive, which only refers to "knowledge".
Coverage Electronic information and communication services

GERMANY

Since June 2017

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Federal Data Protection Act (Bundesdatenschutzgesetz), implementing the EU General Data Protection Regulation
Germany's implementation of the EU General Data Protection Regulation (GDPR) broadens the scope of the requirement for a data protection officer under Art. 37 GDPR. According to Art. 38 of the Federal Data Protection Act, public entities and private entities with at least 20 permanent employees in automated data processing have to appoint a data protection officer; "automated data processing" here includes most computer-based activities. In addition to GDPR requirements, all entities which perform operations for which a data protection impact assessment is necessary according to the GDPR also have to appoint a data protection officer.
Coverage Horizontal

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