GREECE Law and Practice Contributed by: Natasha Mezini, Lambros Katsiamagkos and Jenny Georgountzou, Psarras, Georgountzou - GKP Law Firm
prior informed consent of the subscriber or user of the terminal equipment. More specifically: • the consent requires a clear positive act (“opt-in”) and cannot be inferred (ie, preselected cookies, inferred acceptance by scrolling); and • consent must be given after the appropriate information of the subscriber or user, including the purpose of processing each cookie separately, the term of operation, the identity of the data controller, and the data recipients or categories of recipients. As an exception to the above, prior informed consent is not required for cookies that are technically neces - sary to connect to the website or obtain the internet service requested by the subscriber or user, such as: • cookies necessary to authenticate the subscriber or user for services that require authentication (ie, for banking transactions via the internet); • cookies for the purpose of safety of the subscriber or user, such as cookies that detect repeated unsuccessful attempts to log in to the user’s account on a specific website; • cookies necessary for load balancing; and • cookies that “remember” the subscriber’s or user’s choices regarding the presentation of the website (ie, cookies related to the choice of language). Cookies installed for the purpose of online advertising, either first-party or third-party cookies, and cookies for the purpose of statistical analysis (eg, Google Ana - lytics) are not included in the above exceptions and require prior informed consent. 4.2 Personalised Advertising and Other Online Marketing Practices According to law 3471/2006 for the protection of per - sonal data in the sector of electronic communications, personalised or targeted advertising and other online marketing practices require the express consent of the data subject. Market research does not qualify as advertising to the extent that it does not conceal any commercial or other forms of advertising. Advertising communications through electronic means include: • emails; • messages through mobiles (SMS, MMS);
• faxes; • instant messaging; • electronic messaging services, such as through social networking sites; and • calls without human intervention, such as through an automated call system. If the data subjects have not given their prior consent, the above communications are considered unwanted (ie, “spam”), and the data subjects can file a complaint with the HDPA. Exceptionally, advertising communications through electronic means can take place without the express consent of the data subject, provided: • the personal data has been acquired legally in the context of the sale of goods or supply of services or other transactions; • the personal data is being used for the direct mar - keting and promotion of similar goods or services; and • the data subject has been given the option to object in a clear and precise manner, easily and without cost, to the collection and use of his/her electronic personal data both at the time of collec - tion of the data and in every message (Article 11 par 3 of Law 3471/2006). Telephone calls with human intervention are permitted if the data subject has not objected to receiving such calls (“opt-out”) 30 days before such calls. The data subject can state his/her objection to either the data controller or the telephone service provider (mobile or fixed). All telephone service providers must keep a public record with the “opt-out” subscribers (Article 11 par 2 of Law 3471/2006, as amended by Article 16 of Law 3917/2011), accessible to anyone interested in direct advertising. Minors can consent to the processing of their personal data if they are at least 16 years old and the data controller uses clear, accurate and simple language to inform the minors prior to obtaining their consent. When it comes to the internet and the provision of ser - vices to minors, minors can consent to the process - ing of their personal data if they are at least 15 years old. If minors are under this age, the consent must be
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