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GREECE

Since May 2014

Pillar Telecom infrastructure and 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 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 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 Signature of the 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

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 Signature
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 of Electronic Communications
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