2.1.1 Processing of Personal Data in the Context of Services Provided at
a Distance by Electronic Means
The protection of personal data in the context of services provided at a distance, by
electronic means, at the individual request of a recipient of services is governed, in
addition to the rules on personal data processing provided for by the Laws 2472/
1997 and 3471/2006,
41 by the Presidential Decree 131/2003 on electronic commerce, which has been transposed the Directive 2000/31/EC into Greek law.
42 The
Presidential Decree aiming at the protection of personal data of the recipient of an
information society service, obliges the service provider—except when otherwise
agreed by parties who are not consumers—to inform in a clear, comprehensible and
unambiguous manner the recipient of the service, before s/he places the order,
whether the contract concluded will be filed and whether it will be accessible.
43
Worth to mention is also the recently adopted code of conduct for consumer
protection in electronic commerce,
44 constituting a specific form of the code of
conduct for consumer protection,
45 which contains guidelines for the data protection
of e-consumers.
The automatic calling machines, faxes, or emails can be used for the purposes of
direct marketing of goods or services or any advertising purposes, only upon the
prior consent of the recipient (“opt-in system”).
46 However, the email contact details
lawfully obtained in the course of the sale of goods or the provision of services can
be used for direct marketing of similar products or services by the supplier, even
without the consent of the recipient, provided that the recipient is clearly given the
opportunity to object to such collection and use of his/her electronic contact details
(“opt-out system”).
47 Any unsolicited commercial communication by e-mail shall be
identifiable clearly and unambiguously as such as soon it is received by the recipient.
48 Such an e-mail must contain the identity of the sender, as well as a valid
address to which the recipient can request the termination of such communications.
49
The providers of services undertaking unsolicited commercial communication must
keep and consult regularly the opt-out registers, in which individuals not wishing to
receive such commercial communications can register themselves.
50 The provider
41 See Arkouli (2010), p. 44.
42 See Alexandridou (2018), pp. 259 ff.
43 Art. 9 §1b P.D. 131/2003.
44 See Decision of the Minister of Economy and Development 316/2017, Government Gazette B
969.
45 See P.D. 10/2017, Government Gazette A 23.
46 Art. 11 § 1 L. 3471/2006. Recipient of the messages is the subscriber or user of electronic
communications, as defined in art. 2 §§1–2 L. 3471/2006.
47 Art. 11 § 3 L. 3471/2006.
48 Art. 6 § 1 P.D. 131/2003.
49 Art. 5 P.D. 131/2003.
50 Art. 6 § 2 P.D. 131/2003.
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V. Kourtis
a Distance by Electronic Means
The protection of personal data in the context of services provided at a distance, by
electronic means, at the individual request of a recipient of services is governed, in
addition to the rules on personal data processing provided for by the Laws 2472/
1997 and 3471/2006,
41 by the Presidential Decree 131/2003 on electronic commerce, which has been transposed the Directive 2000/31/EC into Greek law.
42 The
Presidential Decree aiming at the protection of personal data of the recipient of an
information society service, obliges the service provider—except when otherwise
agreed by parties who are not consumers—to inform in a clear, comprehensible and
unambiguous manner the recipient of the service, before s/he places the order,
whether the contract concluded will be filed and whether it will be accessible.
43
Worth to mention is also the recently adopted code of conduct for consumer
protection in electronic commerce,
44 constituting a specific form of the code of
conduct for consumer protection,
45 which contains guidelines for the data protection
of e-consumers.
The automatic calling machines, faxes, or emails can be used for the purposes of
direct marketing of goods or services or any advertising purposes, only upon the
prior consent of the recipient (“opt-in system”).
46 However, the email contact details
lawfully obtained in the course of the sale of goods or the provision of services can
be used for direct marketing of similar products or services by the supplier, even
without the consent of the recipient, provided that the recipient is clearly given the
opportunity to object to such collection and use of his/her electronic contact details
(“opt-out system”).
47 Any unsolicited commercial communication by e-mail shall be
identifiable clearly and unambiguously as such as soon it is received by the recipient.
48 Such an e-mail must contain the identity of the sender, as well as a valid
address to which the recipient can request the termination of such communications.
49
The providers of services undertaking unsolicited commercial communication must
keep and consult regularly the opt-out registers, in which individuals not wishing to
receive such commercial communications can register themselves.
50 The provider
41 See Arkouli (2010), p. 44.
42 See Alexandridou (2018), pp. 259 ff.
43 Art. 9 §1b P.D. 131/2003.
44 See Decision of the Minister of Economy and Development 316/2017, Government Gazette B
969.
45 See P.D. 10/2017, Government Gazette A 23.
46 Art. 11 § 1 L. 3471/2006. Recipient of the messages is the subscriber or user of electronic
communications, as defined in art. 2 §§1–2 L. 3471/2006.
47 Art. 11 § 3 L. 3471/2006.
48 Art. 6 § 1 P.D. 131/2003.
49 Art. 5 P.D. 131/2003.
50 Art. 6 § 2 P.D. 131/2003.
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V. Kourtis