GREECE Law and Practice Contributed by: Natasha Mezini, Lambros Katsiamagkos and Jenny Georgountzou, Psarras, Georgountzou, Gavrilis - GKP Law Firm
Administrative fines For individuals and private entities: According to Article 83 of the GDPR, administrative fines imposed by the HDPA upon private entities may amount to up to EUR10 million or, in case of an undertaking, up to 4% of the total worldwide annual turnover. For public entities: According to Article 39 of Law 4624/2019, administrative fines imposed by the HDPA upon public entities are limited to the amount of EUR10 million. In 2023, 1.414 recourses/complaints were filed with the HDPA and penalties of a total amount of EUR637,000 were imposed by way of 27 deci - sions. 1.4 Data Protection Fines in Practice According to the HDPA’s published annual review, during the first five years of the GDPR, the HDPA has issued approximately 100 deci - sions imposing fines and penalties for a total amount of approximately EUR30 million. Most of the decisions were issued against private enti - ties, although some were against public authori - ties as well. Please see some of the more promi - nent examples below. • The HDPA (decision 4/2022) imposed fines of EUR6 million and EUR3,25 million upon major telecommunications providers for failure to implement appropriate organisational and technical means and for leakage of subscrib - ers’ personal data. • The HDPA (decision 35/2022) imposed a fine of EUR20 million upon a U.S. company for the violation of a data subject’s right of access to personal data that the company had processed. • The HDPA (decision 25/2023) imposed a fine of EUR210,000 upon a Greek bank for lack
performs audits on communications network/ service providers, public entities and the Hel - lenic National Intelligence Service and holds respective hearings; investigates relevant complaints from members of the public; collects relevant information using special inves - tigative powers. 1.3 Enforcement Proceedings and Fines Administrative Proceedings Administrative proceedings before the HDPA are governed by the provisions of Law 3051/2002 and the Code of Administrative Procedure. Deci - sion no 9/2022 of the HDPA, as stands amend - ed, includes the Rules of Operation of the HDPA and provides that every case must follow the basic procedural steps: • case file preparation before the hearing; • hearing before the HDPA; the hearings are not open to the public; • in the event of reprimand or imposition of penalties, the HDPA issues its decision only after having heard the parties involved, who may file submissions before the hearing, attend the hearing in person or with an attor - ney, provide clarifications upon request dur - ing the hearing and file closing submissions. The HDPA may issue decisions on the merits of the case and provisional decisions with meas - ures applicable until the issuance of its decision on the merits of the case. The HDPA’s deci - sions are binding on its addressees, while its enforceable acts are subject to appeal before the Administrative Courts and annulment by the Council of State.
152 CHAMBERS.COM
Powered by FlippingBook