GREECE Law and Practice Contributed by: Natasha Mezini, Lambros Katsiamagkos and Jenny Georgountzou, Psarras, Georgountzou, Gavrilis - GKP Law Firm
• cookies necessary to authenticate the sub - scriber or user for services that require authentication (ie, for banking transactions via the Internet); • cookies for the purpose of safety of the sub - scriber 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 adver - tising, either first-party or third-party cookies, and cookies for the purpose of statistical anal - ysis (eg, Google Analytics) are not included in the above exception and require prior informed consent. 4.2 Personalised Advertising and Other Online Marketing Practices Personalised advertising and other online mar - keting practices can occur through various elec - tronic means. As long as it does not conceal any commercial or other forms of advertising, market research does not qualify as advertising and is therefore excluded from the following. Advertising communications through electronic means requires the express consent of the data subject. This category includes electronic com - munications such as: • 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 subject has not given their prior con - sent, the above communications are considered unwanted (ie, “spam”), and the data subject can file a complaint with the HDPA. Exceptionally, advertising communications through electronic means can take place with - out the express consent of the data subject, provided: • the personal data have been acquired legally in the context of the sale of goods or supply of services or other transactions; • the personal data are being used for the direct marketing 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 data both at the time of col - lection of the data, as well as in every mes - sage (Article 11 par 3 of Law 3471/2006). Telemarketing Telephone calls with human intervention are per - mitted, provided the data subject has not object - ed to receiving such calls (“opt-out”) 30 days before such calls. The data subject can state his objection either to 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 Arti - cle 16 of Law 3917/2011), accessible to anyone
interested in direct advertising. General Rules for Advertising Communications Advertising communications shall:
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