GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
when legal obligations to protect employees are impli - cated or when the affected employee requests that criminal action be pursued. Under the whistle-blowing regime, internal reports that fall outside the scope of EU law violations, or which are unfounded or unintelligible, may be closed by the IRO. While the organisation does not need to notify authorities in such cases, the reporter retains the right to submit the matter to the external reporting channel. Employers should therefore anticipate that authorities may indirectly become aware of the issue and should preserve documentation demonstrating that internal procedures were correctly followed. In addition, under the applicable legislative framework, where the IRO identifies indications of a criminal offence subject to ex officio prosecution, it is entitled – and obliged – to promptly transmit the report to the competent Public Prosecutor, irrespective of whether the reported con - duct falls within the material scope of Law 4990/2022, subject to the applicable confidentiality and personal data protection safeguards. Outside these defined scenarios, the opening of an internal investigation may be communicated to authorities when doing so serves operational, safe - ty or compliance objectives – for example, where urgent protective measures or co-ordinated action are required. In such cases, the employer typically limits information to the essential elements necessary for the authority to intervene effectively. 2.3 Confidentiality Agreements and NDAs Parties involved in an internal investigation may be asked to sign confidentiality agreements. The purpose is to protect the integrity of the process, ensure that evidence is not compromised and prevent retaliation or undue pressure on witnesses. Such undertak - ings must, however, respect legal limits. They can - not restrict statutory rights, for example, the right to submit a whistle-blowing report through internal or external channels, or to co-operate with competent authorities. Nor can they impose unreasonable con - straints that would undermine labour or constitutional rights, such as freedom of expression or the right to lodge complaints with public bodies. Nor may they restrict the obligation to testify if a party is summoned
by a court, including in relation to the internal inves - tigation itself. The fact that information or documents are subject to a confidentiality agreement does not, per se, ren - der their use as evidence unlawful or inadmissible in the context of judicial proceedings, where such use is necessary for the exercise or defence of legal rights. Even in the absence of a confidentiality agreement, the parties are subject to a general duty of discretion arising from employment law, the employer’s right to direct and organise work, and the statutory confiden - tiality obligations applicable in whistle-blowing cases. Disclosure of sensitive information in breach of these duties may give rise to disciplinary measures or, in serious cases, liability for damages if the disclosure causes harm. Conversely, employers must ensure that confidentiality obligations are not used in a manner that could discourage lawful reporting or shield unlaw - ful conduct. 2.4 Preliminary Investigation and Scope- Setting There is no legal provision prescribed by Greek law for the conduct of a preliminary investigation. Employ - ers may conduct a preliminary or initial assessment before launching a full internal investigation, and this is standard practice. Such a preliminary stage allows the employer to determine whether the information received constitutes a complaint within the meaning of the GLC or a report within the scope of the whistle- blowing law, and whether there are sufficient indica - tions to initiate a formal process, etc. During this phase, the employer may review available documents, clarify the nature of the concern, assess potential risks and determine the need for immediate protective measures. Preliminary steps must remain proportionate and avoid breach of confidentiality, as well as extensive data processing until a proper legal basis is established. Once it becomes clear that the matter falls under statutory obligations – such as violence and harassment or whistle-blowing – the employer must escalate to a full investigation and fol - low the procedures mandated by law.
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