GREECE Law and Practice Contributed by: Ilias Anagnostopoulos and Alexandros Mezari, Anagnostopoulos
The level of sanctions (eg, imprisonment) varies, depending on the applicable law. 3.7 Cartels and Criminal Competition Law Αnti-Competitive Practices Greek Law 3959/2011 on competition is based on the European antitrust legislation and provides for both administrative and criminal sanctions in case of anti- competitive practices or abuse of a dominant market position. According to Article 44 of Law 3959/2011, which describes the relevant criminal offences, intentional antitrust acts are punishable by a monetary penalty of up to EUR1 million and/or imprisonment. In this context, the Hellenic Competition Commission co-operates with the judicial authorities. Unfair Competition Law 146/1914 provides for offences related to viola - tions of the fair competition duty, such as spreading false information against a business, unlawful disclo - Consumer protection is regulated by Law 2251/1994, which provides, inter alia, for administrative sanctions such as fines in case of consumer law violations (Arti - cle 13a). In case of defective products that caused homicide or bodily harm, the perpetrator may be criminally liable under Chapter XV of the Greek Penal Code (offences against human life and the embryo) or Chapter XVI of the Greek Penal Code (offences against physical integrity). 3.9 Cybercrimes, Computer Fraud and Protection of Company Secrets Computer Fraud (Article 386A of the Greek Penal Code) Computer fraud is committed when a person causes pecuniary damage to foreign property by influencing the outcome of a computer data processing opera - tion in order to obtain unlawful financial benefit for themselves or for another person by: sure of business secrets, etc. 3.8 Consumer Criminal Law
• improperly configuring a computer program; • unauthorised interference with an information system; • using incorrect or incomplete computer digital data, particularly identity recognition data; • the unauthorised introduction, alteration, deletion, transmission or elimination of correct computer digital data, particularly digital identity data; or • the unauthorised use of software intended for the transfer of money or monetary value. The manufacture, distribution or possession of a pro - gram or information system intended for the commis - sion of the above-mentioned offence is also punish - able. Imprisonment of up to 20 years and a monetary penalty can be imposed, depending on the circum - stances of each case. Other Cybercrimes Further cybercrime offences include: • the intentional obstruction of the operation of infor - mation systems (Article 292B of the Greek Penal Code); • unlawful access to an information system or data (Article 370B of the Greek Penal Code); • the unauthorised copying or use of computer pro - grams (Article 370D of the Greek Penal Code); • the unlawful monitoring or recording of non-public data transmissions or electromagnetic emissions with technical means (Article 370E of the Greek Penal Code); • the destruction of digital data (Article 379 of the Greek Penal Code), etc. Protection of Company Secrets There are several provisions that protect company secrets, such as Articles 370B and 370C of the Greek Penal Code regarding company secrets in computer systems, or Article 16 of Law 146/1914 regarding an intentional breach of business secrets. Sanctions include imprisonment and/or monetary penalty. 3.10 Financial/Trade/Customs Sanctions Following the decisions of international or European bodies on an ad hoc basis, certain sanctions regimes may be applicable in Greece (measures against for -
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