Through the measures for the protection of public health from Covid-19, as of 20.03.2020 and until 30.06.2020, all legal entities are allowed to conduct their members’ (shareholders’ or partners’ depending on their form) General Meeting through teleconference, irrespectively of whether relevant provision is included or not in the entity’s articles of association. These new measures also point out that the General Meeting’s invitation ought to include all necessary information and technical guidance for the teleconference to take place.
As of 31.03.2020 and until 30.06.2020 the Board of Directors of all private sector legal entities may convene and resolve through teleconference, circular resolutions or any other convenient way. In such cases, the signatures of the members of the Board of Directors may be replaced by e-mail exchange or other electronic media.
Pursuant to Ministerial Decision number 18152, which has been published ιn the Government Gazette number Β’ 857/14-03-2020, the operation of principal and non-principal touristic accommodation is temporarily prohibited for preventive purposes of public health, in the entire territory for the period from 15.3.2020 to 30.4.2020. Apparently, for the time being we cannot know whether this measure will be extended, as it depends on how the situation with the COVID-19 pandemic develops. There is no doubt though, that the current situation is unprecedented and consists of a matter of force majeure.
In view of this, the existing agreements between hotel companies and travel agencies concerning the 2020 tourist season apply as follows:
If Greek law is applicable, then the hotel business is not responsible for the non-provision of services agreed (room rental, food and other services), and the travel agency is relieved of the obligation to pay the price agreed for the respective period and, if he has paid for it, it may seek it in Court under the provisions on unjust enrichment. It is customary for contracts to include a special term that provides for any contracting party or only for the party of the travel agency (and) the right to terminate, with or without notice, due to force majeure, in the case where the event of force majeure lasts more than a certain period of time (e.g. 30 days). However, even in the absence of such a provision in the contract, the right to terminate can be exercised by any contracting party by invoking a significant reason, which justifies the complaint at all times in all standing agreements, without prejudice to its non-abusive exercise, e.g. in the event that the period of non-operation (without fault) of the hotel, in relation to the duration of the contract, is short.
If foreign law is applicable, which is the most common case when the travel agency is a foreign company, then it should be checked on the one side what the applicable law provides in case of non-compliance with the hotel company’s obligations and on the other side examine individual terms of the contractual text for the rights granted to the parties. As a rule, however, there will be no liability of the hotel for breach of contract.
In any case, the exact text of the contract signed with the travel agency is crucial, in particular the terms of payment, and any advances paid by the hotel. Ultimately, the resolution of issues arising from the application of the aforesaid Ministerial Decision depends on the specificities of each case and the opinion of a qualified and reliable legal advisor should be sought.
In 18-3-2020 the Hellenic Data Protection Authority (DPA) published Guidelines, taking into consideration the extremely urgent and unpredictable need raised due to the appearance of COVID-19 which has created special circumstances in the field of the protection of personal data.
Concerning the relevant questions asked by employers such as if temperature measurement of the incoming employees is allowed or filling a questionnaire referred to employees’ and their family’s health status, travel record in a foreign country with high risk of COVID-19 infection is legal etc. or if they should inform their employees of the identity and health status of an already infected colleague, DPA responds that any processing of personal data, especially under the current crucial unpreceded circumstances, must not be regarded as forbidden beforehand.
Nevertheless, any processing must be carried out under the principles of the GDPR Regulation and particularly under the principle of restriction of data processing in accordance with the principle of proportionality as well as the principle of confidentiality of information by following the technical and organizational means that are essential for the processing.
DPA highlights that the processing of personal data, for example measuring the employees’ temperature by the time they enter their workplace, is consider to be legitimate in case any other method available is evaluated as ineffective by the controller. In any event, DPA is against any systematic, continuous and wide-range collection of personal data which leads to profiling and constant renewal of data concerning employees’ health.
The employer is the one that decides the alternatives regarding the place of work such as teleworking and the employee has to follow the employer’ s decision.
What changes are brought to ERGANI digital system: From March the 3th till April the 10th 2020 the employer’s obligation of filing the E4, E8 and E12 forms to ERGANI is postponed. Any changes regarding the employees’ working hours shall be uploaded cumulatively to ERGANI once every month.
If the employee belongs to a vulnerable population group or/ and is pregnant or/ and he/she or their family show signs of infections from coronavirus they can chose among:
Working from home
Taking a special leave of absence due to the suspension of the operation of all educational institutions until 26/3
Abstaining from his/her working duties as a precautionary measure which is a form of paid leave
Due to suspension of the operation of all educational institutions, employees that are parents are entitled to a paid leave that should not last less than 4 days. 3 days are considered a special leave and the fourth day is part of the regular annual leave. The 3 days are not all paid by the employer, actually the employer has to pay the 2/3 of these days and the state will pay the 1/3.
In accordance with the suggestions of the employers’ unions, employers must additionally:
Take thorough care of the cleanliness and sanitation of the workplace (e.g. thorough cleaning, possibly disinfection and guest control).
Provide the employees with the necessary simple hygiene products (e.g. tissues, soap and hot water, alcoholic solutions, trash cans that are emptied frequently).
Offer to the employees all feasible alternatives for working time, in order to, on the one hand, reduce their chances of being co-infected by virus carriers and on the other hand to facilitate the overcoming of their personal and family problems due to the public health protection measures.
Suggest to the employees all possible alternatives regarding the place of work, such as: teleworking or working remotely or from home.
Suggest to the employees all possible alternatives regarding working methods and means, such as: cancelation of transitions abroad and inside the country, limitation of meetings, their replacement by teleconferences or videoconferences, avoiding sharing materials such as pens, pencils, phones, keyboards, etc.
According to new law n. 4611/2019, certain major changes have taken place:
1) In order for the indefinite time (open-ended) employment contracts to be validly terminated full and justified reasoning is required (as of 17-05-2019). The relevant evidence must be provided by the employer. That was not the issue before law 4611/2019, since the employers had the right to terminate an indefinite period contract without specific reasoning. The relevant form E6- termination of an open-ended employment contract is now amended.
2) As of 17-05-2019 part-time and shiftwork employment contracts need to be concluded only in writing (or need to be notified to the State Employment Office in 8 days from its commencement). Otherwise, such contracts are considered by law as full-time contracts.
3) The dismissal compensation and the tax on that compensation is payable as of 01-07-2019 by bank transfer directly to the employee’s work account.
4) The paid annual leave will have to be notified electronically to the on-line system kept with the Ministry of Labour (ERGANI) at least one hour after its commencement (the relevant ministerial decision for the entry into force of this provision is still to be issued).
5) As of 1.9.2018 (under law 448/2107 and the related ministerial decisions), the employer is obliged to register with ERGANI each and every over-time working hour of every employee per day.
Through Lead generation service a business aims to collect personal data of its website visitors, for the purpose of facilitating the contact with them. In fact a lead is best described as a form, where the prospective customer fills personal data as his name, sex, address, phone number, health data, orientation e.t.c. Then the service provider sells that data to its client, for the latter to perform effective contact with the prospective customers, in the purpose of selling its products.
This kind of contracts are complex since on the one hand are usually referred to the use of special tracking techniques e.g. TRACKING PIXELS, on the other hand they may present several ambiguities concerning parties obligations for GDPR compliance. It is quite common for the parties to act both as “Data Controllers” on their own account, without however having clarified in the contract, their respective obligations as well as the limits of their liability.
Moreover, attention must be given to the point where the person concerned (prospective client) has given its consent for the processing of its personal data, which shall cover the ensemble of the purposes for which its data are processed. That said, the person concerned has to be succinctly informed by the advertiser on the purposes of its data collection.
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