GreeceΝόμος 5099/2024 (Law 5099/2024), Part A, Digital Services Coordinator, Competent Authorities, Register and Sanctions
Law 5099/2024, Articles 4, 5, 11, 15, 16, 17 and 20 (Ν. 5099/2024, ΦΕΚ Α’ 48/05.04.2024), Part A
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Reporting, Licensing
As of .
What it requires
- If your main establishment is in Greece, file a registration declaration in the Register of Providers of Intermediary Services kept by the National Telecommunications and Postal Commission; the Law set the deadline at three months from the day the Register began to operate, and no approval act is required (Article 15(2) and (3) of Law 5099/2024).
- Tell the Register of any change to the details it holds about you without delay and within ten days at the latest (Article 15(5) of Law 5099/2024).
- Give the Digital Services Coordinator the information it requests by a specific and reasoned request without delay, and within 20 working days of the request where it sets no deadline (Article 11(1)(a) of Law 5099/2024).
- Pay the annual supervisory fee that the Digital Services Coordinator imposes on you under Article 20 of Law 5099/2024, if it imposes one.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Article 16(3) caps a fine at 6 percent of the provider's annual worldwide turnover in the previous financial year, and at 1 percent of annual income or worldwide turnover for inaccurate, incomplete or misleading information, failure to answer or correct it, and failure to submit to an inspection. Article 16(4) caps a periodic penalty payment at 5 percent of average daily worldwide turnover or income in the previous financial year.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
National Telecommunications and Postal Commission (Εθνική Επιτροπή Τηλεπικοινωνιών και Ταχυδρομείων, EETT), the Digital Services Coordinator; the National Council for Radio and Television for Article 26(1)(a) to (c), Article 26(2) and Article 28(1) of the Regulation; the Hellenic Data Protection Authority for Article 26(1)(d), Article 26(3) and Article 28.
What this law does
Article 4(1) of Law 5099/2024 names the National Telecommunications and Postal Commission the Digital Services Coordinator under Article 49(2) of Regulation (EU) 2022/2065. Article 5 names the National Council for Radio and Television the competent authority for Article 26(1)(a) to (c), Article 26(2) and Article 28(1) of the Regulation. Article 5 names the Hellenic Data Protection Authority the competent authority for Article 26(1)(d), Article 26(3) and Article 28 of the Regulation.
Article 11(1)(a) requires those asked for information by the Coordinator to provide it without delay, and within 20 working days of the request where the Coordinator sets no deadline. Article 15(1) requires the Coordinator to create and keep an electronic Register of Providers of Intermediary Services within six months of the Law's entry into force.
Article 15(2) requires a provider of intermediary services whose main establishment is in Greece to register within three months of the Register going into operation. Article 15(3) makes registration a declaration by the provider, with no approval act required. Article 15(5) requires a provider to update the Register on any change to the details it holds, without delay and within ten days at the latest.
Article 16(3) caps a fine at six percent of the provider's annual worldwide turnover in the previous financial year. Article 16(3) caps the fine at one percent for inaccurate, incomplete or misleading information, failure to answer or correct it, and failure to submit to an inspection. Article 16(4) caps a periodic penalty payment at five percent of average daily worldwide turnover or income in the previous financial year.
Article 17(1) allows an appeal against a sanction to the Athens Administrative Court of Appeal. Article 17(4) makes an appeal against a fine admissible only on deposit of 15 percent of the fine, and never more than EUR 200,000, with the authority that imposed it.
Article 20(1) lets the Coordinator impose an annual supervisory fee, of a cost-recovery character, on providers of intermediary services that have their main establishment in Greece or a legal representative living or established in Greece, where they have no establishment in the European Union but offer services there. The Law entered into force on its publication in the Government Gazette on .
When LexLint raises it
When your app profile says your app operates a social platform.