GREECE Law and Practice Contributed by: Nikos Nikolinakos, Dina Kouvelou and Alexis Spyropoulos, Nikolinakos & Partners Law Firm
• Registration in the Register of the National Council for Radio and Television (ESR). • Ensuring that the identification/contact infor - mation of the provider is easily, directly and permanently accessible to service recipients. • Ensuring that the service does not contain any incitement to violence or hatred against a group of persons or a member of a group identified on the basis of race, colour, national or ethnic origin, descent, ancestry, religion, disability, sexual orientation, identity or gen - der characteristics. • Ensuring the protection of minors, by not making available content that could be harm - ful to their physical, mental or moral develop - ment. Measures may include appropriate age marking, selection of the time of the broad - cast and age verification tools. Unjustified violence and pornography shall be subject to stricter measures. Minors' personal data cannot be processed for commercial pur - poses, such as direct marketing, profiling and behaviourally targeted advertising. • Gradually making the service accessible to people with a visual or hearing disability. • Complying with multiple regulations with regard to audiovisual commercial communi - cations, sponsorships, product placement, television advertising and teleshopping. Authorisation Procedures Pursuant to Law 4339/2015, licences for digital terrestrial free-to-air TV are granted by way of public auction. This procedure is carried out by the ESR, which issues the relevant notice. The notice specifies the conditions and the proce - dure for granting licences to content providers. To qualify for participation in the auction, the applicants shall meet the following conditions set out in Law 4339/2015:
• minimum share capital; • registered shares; • legal form; • non-conviction of shareholders and members of the board for certain crimes; • not having entered into liquidation or insol - vency procedures; • compliance with tax and insurance obliga - tions; • the presentation of evidence regarding the source of the financial means available for the operation of the company; and • not exercising control over another company operating in the same media sector. The licensing framework for pay-tv and radio services via satellite, cable or frequencies is outlined in Law 2644/1998. Licences to provide subscription radio and TV services are held only by Sociétés Anonymes. Licences are granted by decision of the ESR and the conclusion of a concession agreement with the Greek State, excluding the provision of linear television ser - vices through broadband networks, for which Article 15 of Law 3592/2007 applies. 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements Electronic Communication Networks (ECNs) and Services (ECSs) The applicability of the regulatory framework for electronic communications depends on whether the technology falls within the scope of ECNs and/or ECSs, as defined in Law 4727/2020 and EETT’s secondary legislation. ECNs encompass all transmission systems, whether or not they are based on a permanent infrastructure or a centralised administration
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