GREECE Law and Practice Contributed by: Nikolas Sigkridis, Semina Zavitsanou, Chrysa Kalantzi and Yannis Ragos, POTAMITISVEKRIS
• Duration of the restriction: the restriction should be time-limited (a period of six to 12 months is usually seen as reasonable). • Scope of the restriction: the clause should not be overly broad and should apply only to employ - ees or clients with whom the individual had direct professional interaction or was aware of a potential professional relationship. Also, it should not dis - guise a non-compete clause. • Nature of the restriction: courts assess whether the clause prohibits active solicitation (which can be restricted) or mere acceptance of employment applications or client requests. • Proportionality and clarity: the term must be clearly defined and proportionate in relation to the legiti - mate interest being protected. Often, client lists may be considered part of the employer’s confi - dential information or business know-how. • Penalty clauses: may be used to reinforce compli - ance, provided they are reasonable and proportion - ate to the breach. Financial compensation is not required for the non- solicitation obligation to be valid and enforceable. 3. Data Privacy 3.1 Data Privacy Law and Employment In the employment sphere, the collection and overall processing of employee data is governed by the Gen - eral Data Protection Regulation (GDPR) and supple - mented by Law 4624/2019. This law outlines specific provisions for processing employee data, including identifying a valid legal basis, handling sensitive data, and ensuring transparency in all data-processing activities. The Hellenic Data Protection Authority (HDPA) plays a crucial role in issuing decisions and guide - lines that further clarify these requirements, ensur - ing that employers understand their obligations and their rights. Key points from the HDPA decisions and guidelines highlight the need to implement the neces - sity, proportionality and transparency principles of employee-monitoring practices, and the adoption of clear and detailed policies with a special focus on the implementation of a compliant Acceptable Use Policy
where the details of the employer’s right to employee monitoring are delineated. In addition, emphasis is given to the implementation of robust data security measures, and the respect for data subject rights such as access, rectification and erasure. Employers must also adhere to clear data retention policies, ensuring that employee data is not kept longer than necessary and is disposed of securely when no longer needed. Importantly, con - sent is generally not considered a valid legal basis for processing employee data due to the inherent power imbalance in employment relationships, making it essential for employers to rely on other legal bases such as legitimate interest or contractual necessity. Overall, compliance with these regulations is crucial to avoid significant penalties, requiring employers to stay informed about legal developments and HDPA guid - ance to ensure that they are meeting their legal obli - gations and protecting employee privacy effectively. EU citizens are eligible to live and work in Greece with - out obtaining a work or residence permit. They can enter Greece with a valid identity card or passport, regardless of the planned duration of their stay. If the EU citizen intends to stay in Greece for more than 90 days, they must register at the local Department of Aliens of the Hellenic Police. Third-Country Nationals For third-country nationals (ie, non-EU citizens) there are quite strict and cumbersome criteria regulating the lawful residence and work of non-EU citizens in Greece. In particular, Greek law provides for a closed number of residence permits that may be issued only for limited and very specific purposes, on the basis of a numerus clausus approach. 4. Foreign Workers 4.1 Limitations on Foreign Workers EU Citizens
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