must enter these statements in a special directory, which must be at the subscriber’s
disposal, free of charge. The unsolicited communication with human intervention
(phone calls) for marketing purposes is permitted without the prior consent of the
subscriber, unless s/he has stated to the provider the wish not to accept such
communications in general (“opt-out system”).
51
Furthermore, the subscriber or user is protected as consumer against the
unsolicited communication practices made for marketing purposes on the basis of
Law 2251/1994 on consumer protection, as in effect. Under the initial version of
Law 2251/1994, an opt-in system without exceptions had been established
protecting the consumer against direct marketing of goods or services.
52 According
to its current version, the transmission of advertising messages directly to the
consumer through electronic means is only allowed on condition that the terms
and requirements concerning unsolicited commercial communication by electronic
means provided for by Law 3471/2006—as described above—are met.
53 Furthermore, Law 2251/1994 provides for the mandatory storage of information concerning
the conclusion of a contract by electronic means in a durable medium in a way
accessible for future reference.
The Data Protection Authority has issued special guidelines for the electronic
consent given by the persons contacted for marketing purposes by means of electronic communication.
54 Furthermore, according to the code of conduct in
e-commerce mentioned above, the business must have and apply clear, true, lawful,
easily accessible and updated personal data policy as well as they shall provide
relevant information to the consumers according to the law and directions given by
the Data Protection Authority. The business is not allowed to collect, restore and
process the consumer’s sensible personal data. Collecting, processing or using
personal data, which have not qualified as sensible, may be carried out when it is
permitted by law. The “cookies” can be stored if the consumer consented to it after
being adequately informed. If the consent has not been given, the business shall
allow the use of its website without sending cookies, as long as it is technically
feasible. The business shall guarantee that the collected data are not disclosed or
transmitted to third parties without prior getting the consent of the informed subject
data or, in the circumstances where disclosing of data is provided for by law, it must
be done according to the data protection legislation. The business shall respect the
wish of the consumer not to be included in files having as purpose the performance
of unsolicited commercial communications with human intervention (phone calls)
for the purposes of marketing goods or services, provided that the data subject has
stated her/his wish to the provider of communications available to the public. The
businesses must provide the consumers with the option of choosing if they wish to
receive marketing messages or newsletters and, if they accept it, to be able to revoke
51 Art. 11 § 2 L. 3471/2006.
52 See Delouka-Igglesis (2018), p. 599.
53 Art. 9 § 5 L. 2251/1994.
54 See DPA Directive no. 2/2011, published in the Government Gazette, B 889.
Data Protection in the Internet: Greece
219
disposal, free of charge. The unsolicited communication with human intervention
(phone calls) for marketing purposes is permitted without the prior consent of the
subscriber, unless s/he has stated to the provider the wish not to accept such
communications in general (“opt-out system”).
51
Furthermore, the subscriber or user is protected as consumer against the
unsolicited communication practices made for marketing purposes on the basis of
Law 2251/1994 on consumer protection, as in effect. Under the initial version of
Law 2251/1994, an opt-in system without exceptions had been established
protecting the consumer against direct marketing of goods or services.
52 According
to its current version, the transmission of advertising messages directly to the
consumer through electronic means is only allowed on condition that the terms
and requirements concerning unsolicited commercial communication by electronic
means provided for by Law 3471/2006—as described above—are met.
53 Furthermore, Law 2251/1994 provides for the mandatory storage of information concerning
the conclusion of a contract by electronic means in a durable medium in a way
accessible for future reference.
The Data Protection Authority has issued special guidelines for the electronic
consent given by the persons contacted for marketing purposes by means of electronic communication.
54 Furthermore, according to the code of conduct in
e-commerce mentioned above, the business must have and apply clear, true, lawful,
easily accessible and updated personal data policy as well as they shall provide
relevant information to the consumers according to the law and directions given by
the Data Protection Authority. The business is not allowed to collect, restore and
process the consumer’s sensible personal data. Collecting, processing or using
personal data, which have not qualified as sensible, may be carried out when it is
permitted by law. The “cookies” can be stored if the consumer consented to it after
being adequately informed. If the consent has not been given, the business shall
allow the use of its website without sending cookies, as long as it is technically
feasible. The business shall guarantee that the collected data are not disclosed or
transmitted to third parties without prior getting the consent of the informed subject
data or, in the circumstances where disclosing of data is provided for by law, it must
be done according to the data protection legislation. The business shall respect the
wish of the consumer not to be included in files having as purpose the performance
of unsolicited commercial communications with human intervention (phone calls)
for the purposes of marketing goods or services, provided that the data subject has
stated her/his wish to the provider of communications available to the public. The
businesses must provide the consumers with the option of choosing if they wish to
receive marketing messages or newsletters and, if they accept it, to be able to revoke
51 Art. 11 § 2 L. 3471/2006.
52 See Delouka-Igglesis (2018), p. 599.
53 Art. 9 § 5 L. 2251/1994.
54 See DPA Directive no. 2/2011, published in the Government Gazette, B 889.
Data Protection in the Internet: Greece
219