GreeceLaw 4727/2020, Articles 210 and 211 (Directive (EU) 2018/1972, Articles 102 and 103): accessible contract information and accessible publication of terms and prices by providers of electronic communications services
Law 4727/2020, Arts. 206, 210(1)-(3) and 211(1), with Arts. 137 and 138
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide a publicly available electronic communications service in Greece, other than a transmission service used for machine-to-machine services, give the consumer the contract information of Article 210(1) before the consumer is bound, and on request provide it in a format accessible to end-users with disabilities, in accordance with the Union law harmonising accessibility requirements for products and services (Law 4727/2020, Art. 210(1); Directive (EU) 2018/1972, Art. 102(1)).
- If you provide internet access services or publicly available interpersonal communications services, include among the contract information you give before the consumer is bound the details of products and services designed for end-users with disabilities and how updates of those details can be obtained (Law 4727/2020, Art. 210(1) with Annex VIII, Part B, section I, point 5).
- State in the summary contract you give consumers free of charge the extent to which your products and services are designed for end-users with disabilities (Art. 210(3), point (ε); Directive (EU) 2018/1972, Art. 102(3)(e)).
- Give the same information to end-users that are very small or small enterprises or not-for-profit organisations, unless they have expressly agreed to waive all or part of it (Art. 210(2)).
- If you provide internet access services or publicly available interpersonal communications services subject to terms and conditions, publish the information of Annex IX to the Law, including at point 2.6 the details of products and services, among them functions, practices, policies and procedures and changes in the operation of the service, specially designed for end-users with disabilities in accordance with the Union law harmonising accessibility requirements for products and services, in a form that is clear, comprehensible, machine-readable and accessible to end-users with disabilities, keep it updated regularly, and send it to the EETT before publication when the EETT asks; the EETT decides which of the Annex IX information the providers publish and which it publishes itself (Art. 211(1) and Annex IX; Directive (EU) 2018/1972, Art. 103(1)).
- If you are a very small enterprise that provides number-independent interpersonal communications services and no other electronic communications service, Articles 206 to 224 of the Law, other than Articles 207 and 208, do not apply to you, but you must tell end-users of that exemption before you conclude a contract (Law 4727/2020, Art. 206).
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Penalty structure
Article 138(3) of Law 4727/2020 lets the EETT impose one or more of a recommendation, a fine of up to EUR 3,000,000 collected under the Public Revenue Collection Code (which may include periodic penalties with retroactive effect and may be paid in instalments), and an order to stop or delay a service or group of services whose continuation would seriously distort competition while compliance with access obligations imposed after a market analysis is pending. Article 138(5) lets the EETT, in cases of serious or repeated breaches where those measures have no effect, prevent an undertaking from providing networks or services or suspend or revoke its rights of use, and lets sanctions cover the period of each infringement even if it has since been corrected. Article 138(6) lets the EETT, in exceptional cases of an immediate and serious threat, take interim measures by an immediately enforceable decision with an administrative fine of up to EUR 150,000 for each day of non-compliance, for at most three months extendable by three. Article 138(7) reduces a fine to two thirds if it is paid within thirty days of notification. The Law states no separate ceiling for a legal person.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 3,000,000
Who enforces it
Enforcement body
Hellenic Telecommunications and Post Commission (EETT), which monitors and supervises compliance with the provisions of Part B of Law 4727/2020 (Art. 138(1))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a provider that is not a very small enterprise (πολύ μικρή επιχείρηση) providing only number-independent interpersonal communications services: Article 206 of Law 4727/2020 disapplies Articles 206 to 224, except Articles 207 and 208, to very small enterprises that provide number-independent interpersonal communications services unless they also provide other electronic communications services; the Law gives no figure for a very small enterprise
What this law does
Article 210(1) of Law 4727/2020 requires providers of publicly available electronic communications services, other than transmission services used for machine-to-machine services, to give the consumer the contract information before the consumer is bound. Article 210(1) requires the provider to give that information, on request, in a format that is accessible to end-users with disabilities, in accordance with the Union law harmonising accessibility requirements for products and services.
Article 102(1) of Directive (EU) 2018/1972 requires the information to be provided, upon request, in an accessible format for end-users with disabilities. Article 210(1) also requires the provider to give the information listed in Annex VIII to the Law, to the extent that the information concerns a service the provider supplies.
Annex VIII to Law 4727/2020 lists at point 5 of section I of Part B, for providers of internet access services and publicly available interpersonal communications services, the details for products and services designed for end-users with disabilities and how updates of those details can be obtained. Article 210(3), point (ε), requires the summary contract that the provider gives consumers to state the extent to which the products and services are designed for end-users with disabilities.
Article 210(2) extends the information of paragraphs 1, 3 and 5 to end-users that are very small or small enterprises or not-for-profit organisations, unless they have expressly agreed to waive all or part of those provisions.
Article 211(1) requires providers of internet access services or of publicly available interpersonal communications services that make the service subject to terms and conditions to publish the information of Annex IX in a form that is clear, comprehensible, machine-readable and accessible to end-users with disabilities. Article 103(1) of the Directive requires that information to be published in an accessible format for end-users with disabilities.
Point 2.6 of Annex IX to Law 4727/2020 lists among the information to be published the details of products and services, including functions, practices, policies and procedures and changes in the operation of the service, specially designed for end-users with disabilities in accordance with the Union law harmonising accessibility requirements for products and services.
The preamble to Annex IX provides that the EETT decides which of that information the providers of internet access services and interpersonal communications services publish and which the EETT publishes itself. Article 211(1) requires the information to be updated regularly, lets the EETT specify additional requirements for the format of publication, and requires the information to be sent to the EETT before publication when the EETT asks.
Article 206 of Law 4727/2020 provides that, except for Articles 207 and 208, Articles 206 to 224 do not apply to very small enterprises that provide number-independent interpersonal communications services, unless they also provide other electronic communications services, and requires those enterprises to inform end-users of the exemption before they conclude a contract.
Article 137(1) of Law 4727/2020 provides that the administrative sanctions of Article 138 are imposed for every infringement of the provisions of the Law. Article 138(2) of Law 4727/2020 applies where the EETT finds that an undertaking does not comply with one or more provisions of Part B of the Law.
Article 138(3) of Law 4727/2020 lets the EETT impose one or more of a recommendation, a fine of up to EUR 3,000,000, which may include periodic penalties with retroactive effect, may be paid in instalments and is collected under the Public Revenue Collection Code, and an order to stop or delay a service that would otherwise lead to a serious distortion of competition while compliance with access obligations is pending.
Article 138(5) of Law 4727/2020 lets the EETT, in cases of serious or repeated breaches where the measures of paragraph 3 have no effect, prevent an undertaking from providing electronic communications networks or services or suspend or revoke its rights of use. Article 138(5) requires the EETT to impose effective, proportionate and dissuasive sanctions, which may cover the period of each infringement even if the infringement has since been corrected.
Article 138(6) lets the EETT, in exceptional cases where an infringement is an immediate and serious threat, take interim measures by an immediately enforceable decision that may impose an administrative fine of up to EUR 150,000 for each day of non-compliance. Article 138(7) reduces a fine to two thirds of the amount imposed if it is paid within thirty days of notification of the EETT's decision, and lets undertakings appeal the measures under Article 139.
When LexLint raises it
When your app profile says your app provides telecom services or ships a consumer interface.
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