GREECE

CHART INSTRUCTIONS:

 Local law does not deviate from the GDPR.

 Local law deviates from the GDPR.

name

Νόμος για την Προστασία Δεδομένων Προσωπικού Χαρακτήρα (“Law for the Protection of Personal Data”)

Status: DRAFT

LAWFULNESS OF PROCESSING (ART 6)

VARYING REQUIREMENT: Additional provisions regarding CCTV processing, namely scope of applicability of CCTV processing, requirements that render such processing lawful, exceptions, data retention requirements, data transfers, and DPO duties and notification requirements (Art 5 Greek Law).

CHILD'S CONSENT (ART 8)

VARYING REQUIREMENT: Minimum age to provide consent is lowered to 15 years (Art 6 Greek Law).

SENSITIVE DATA (GENETIC, BIOMETRIC AND HEALTH DATA) (ART 9 (4))

VARYING REQUIREMENT: Sensitive data cannot be processed for health or life insurance purposes. This prohibition also extends to broader family members (i.e., it is forbidden to process sensitive data of the parent to determine the health or life insurance particulars of the child) (Art 7 Greek Law).

CRIMINAL CONVICTIONS/SECURITY MEASURES (ART 10)

SPECIFYING REQUIREMENT: Data processing of criminal convictions is allowed when it is absolutely necessary for the following purposes: (1) determination of eligibility to run in elections, or for job employment purposes; (2) processing data in the employment context; (3) archiving or other public utility purposes; (4) freedom of expression; and (5) the establishment, exercise, or defense of legal claims (Art 8 Greek Law).

AUTOMATED INDIVIDUAL DECISION-MAKING (ART 22)

No Deviation

RESTRICTIONS TO DATA SUBJECT'S RIGHTS (ART 23)

ADDITIONAL REQUIREMENT: 

Restrictions to the right of information and access: The data controller can refuse the right to access when the data relates to national security; public defense; crime prevention; important economic or financial interests; establishment, exercise, or defense of legal claims; and the protection of the data subject or the rights and freedoms of others. In any data restriction, the data controller must inform the data subjects about the restriction, be in the position to prove the necessity of the restriction, and take all the required measures for the protection of data subjects (Art 10 and 11 Greek Law).

JOINT CONTROLLER RESPONSIBILITIES (ART 26 (1))

No Deviation

AD HOC NOTIFICATIONS - RECORDS OF PROCESSING ACTIVITIES (ART 30)

No Deviation

SECURITY OF PROCESSING (ART 32)

No Deviation

DATA BREACH (ART 33 & 34)

VARYING PROVISION: Data breach notification requirements to individuals are waived (combination of Art 23 and Art 34 GDPR) when the breach notification relates to national security; public defense; crime prevention; important economic or financial interests; establishment, exercise, or defense of legal claims; and the protection of the data subject or the rights and freedoms of others. In all these cases, the data controller must notify the supervisory authority, which ultimately decides whether these criteria are met, and therefore notification to data subjects is not required (Art 11 Greek Law).

DATA PROTECTION OFFICER (ART 37(4))

ADDITIONAL REQUIREMENT: In addition to the GDPR requirements, the Greek DPA will issue a list with examples of controllers it deems should appoint a DPO. The courts are not required to appoint a DPO (Art 14 Greek Law).

DATA TRANSFER DEROGATIONS (ART 49(5))

No Deviation

POWERS SUPERVISORY AUTHORITIES (ART 58)

VARYING PROVISION: Apart from the Article 58 powers, the Greek DPA can conduct investigations without warning, or pursuant to a complaint, to explore compliance with the GDPR. The Greek DPA can access any information it deems fit during an investigation, and no confidentiality provisions can overrule such power. Every public authority is also required to assist the DPA in its investigation. The DPA can issue cautions, instruct the data controller to rectify its data processing activities within a deadline, or restrict processing fully or partially. It can also announce its investigations to the Greek parliament or judicial authorities (Art 62 Greek Law).

CLASS ACTIONS (ART 80 (2))

No Deviation

ADMINISTRATIVE SANCTIONS (ART 83)

SPECIFYING PROVISIONS: The Greek Law clarifies the nature of the administrative sanctions, the process to appeal those sanctions through the highest court of appeal (“Symvoulio Epikrateias”), and which authority is enshrined with fine collection (Arts 67–69 Greek Law).

PENALTIES (ART 84)

SPECIFYING PROVISIONS: The following criminal penalties are foreseen:

  1. Imprisonment for an intentional data breach.
  2. Imprisonment of at least 1 year, and a personal fine of €10,000–100,000, for an intentional data breach that involves sensitive data.
  3. Imprisonment of at least 3 years, and a personal fine of €100,000–300,000, for an intentional data breach that aims to financial profit.
  4. Imprisonment of at least 5 years, and a personal fine of €100,000–300,000, for an intentional data breach that endangers public safety or the constitutional order.
  5. Imprisonment of at least 1 year, and a personal fine of €10,000–100,000, for a DPO who breaches their confidentiality obligations (Art 70 Greek Law).

HR PROCESSING (ART 88)

No Deviation

PROCESSING FOR ARCHIVING, SCIENTIFIC, HISTORICAL RESEARCH OR STATISTICAL PURPOSES (ART 89)

No Deviation

OBLIGATIONS OF SECRECY (ART 90)

No Deviation