Law 3471/2006, Article 11(5), Measures Against Unsolicited Communication and Provider Liability
In force.
A commercial messages rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
What it requires
- If you provide electronic communications services, take the appropriate measures that the joint act of the Data Protection Authority and the Authority for the Assurance of the Confidentiality of Communications sets to prevent unsolicited communication (Article 11(5)).
These lines are LexLint's reading of the law's text.
What this law does
Article 11, paragraph 5 of Law 3471/2006 requires providers of electronic communications services to take appropriate measures, set by a joint act of two authorities, to prevent unsolicited communication. A provider of publicly available electronic communications services that negligently breached that duty, or the duty in the second sentence of paragraph 2, is open to claims by the recipients of unsolicited communication for property damage and for monetary satisfaction for moral harm.
The provider owes no compensation, and need not take measures against repetition, if it proves that it was not negligent.
When LexLint raises it
When your app profile says your app provides telecom services.
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