GREECE Law and Practice Contributed by: Nikos Nikolinakos, Dina Kouvelou and Alexis Spyropoulos, Nikolinakos & Partners Law Firm
response times, while taking into account busi - ness continuity and the possibility of termination of the agreement. IP Software, computer programs and databases are protected by Greek Copyright Law 2121/1993, and are considered works of intellectual crea - tions of speech, art or science. Databases are also protected by a sui generis right, which pro - tects the investment of manufacturers of data - bases. Therefore, the protection of copyright works in technology agreements is also based on specific provisions of Greek legislation, in addition to the Civil Code. IPR warranty and indemnities Clauses on the IPR warranty and the provision of indemnity from the original provider are tradition - ally included in almost all software and IT-relat - ed agreements and remain a necessity today, even in cloud computing agreements. The risk of a third party claiming ownership of software licensed to the organisation and thus prohibiting use of the licensed software and interrupting the business continuity is still present, and should be taken into account for indemnity provisions. Liabilities Software and technology services or technology agreements include clauses that limit the liability of the provider. A technology agreement must therefore include back-to-back provisions that fully cover intermediary parties (in B2B cases) and end customers (in B2C cases) against the original provider of the service. The clause set - ting a liability cap for the provider is of major importance – this cap is usually a multiple of the contract value. From a judicial point of view, in B2C agreements, clauses that extensively limit the liability of the
professional against the consumer – especially if they have not been negotiated – are usually con - sidered as abusive and, thus, null and void. On the other hand, in B2B agreements under which the parties usually demonstrate similar bargain - ing powers, the freedom of the parties super - sedes, unless one party has acted maliciously or in a grossly negligent manner, or has acted without previous experience and knowledge in this type of agreement, thus demonstrating a disadvantage in bargaining. In Greece, it is common practice for the parties that offer IT services to have insurance cover - age, in order to safeguard their business in case of breaching events such as cyber liabilities, data protection (personal data breaches) and network disruptions. The existence of these insurance agreements can increase the cost of the provision of the IT services, but they appear to be necessary in the contemporary internation - al technology landscape. This becomes more significant in cases where the IT services are provided to regulated and supervised entities. According to EETT Decision No 1103/2/2024 regarding the new Regulation for the definition of terms and conditions for the provision of access and interconnection services, when providing access to Application Program Interfaces (APIs), operators providing access through a platform of the same technology (such as IPTV, digital terrestrial, satellite) must: • make available all necessary information to enable providers of digital interactive televi - sion services to provide all services support - ed by the APIs in a fully operational manner; • co-operate with each other in order to regu - late application management issues, through 7.2 Service Agreements and Interconnection Agreements
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