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    DPA GUIDELINES COVID-19

    DPA GUIDELINES COVID-19

    COVID-19 DPA GUIDELINES

    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.

    DPA GUIDELINES COVID-19

    Labour measures regarding Coronavirus Pandemic

    1. 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.
    2. 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.
    3. 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:
    4. Working from home
    5. Taking a special leave of absence due to the suspension of the operation of all educational institutions until 26/3
    6. Abstaining from his/her working duties as a precautionary measure which is a form of paid leave
    7. 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.
    8. In accordance with the suggestions of the employers’ unions, employers must additionally:
    9. Take thorough care of the cleanliness and sanitation of the workplace (e.g. thorough cleaning, possibly disinfection and guest control).
    10. Provide the employees with the necessary simple hygiene products (e.g. tissues, soap and hot water, alcoholic solutions, trash cans that are emptied frequently).
    11. 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.
    12. Suggest to the employees all possible alternatives regarding the place of work, such as: teleworking or working remotely or from home.
    13. 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.

     

     

     

    NEW LABOUR LAW IN GREECE

    NEW LABOUR LAW IN GREECE

    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.

    LEAD GENERATION SERVICES AGREEMENT AND GDPR COMPLIANCE

    LEAD GENERATION SERVICES AGREEMENT AND GDPR COMPLIANCE

    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.

    BUYER’S REQUIRED ACTIONS BEFORE SIGNING A REAL ESTATE CONTRACT

    BUYER’S REQUIRED ACTIONS BEFORE SIGNING A REAL ESTATE CONTRACT

    1) If you hire a real estate agent, you need to pay attention to the terms of the agreement to be signed with the agent.

    2) We recommend that you or your representative visit the property you are interested in and pay special attention to components that can be removed from the property, eg air conditioners, built-in electrical appliances, etc. 3) Many properties in Greece have legal issues regarding urban planning requirements, for example some areas have been built without the required urban planning permission or in excess of this permit. Settlement of this issues may delay the process considerably (submission of the papers proving the settlement before the final contract is required).

    4) BEFORE giving any advance payment, you must assign to a lawyer the legal check of the property.

    Something you must pay attention to, is the fact that the Land Registry is still not completed in many parts of Greece. An experienced lawyer can guide you in such cases and help you resolve the issues that may arise. In this respect, a last time appointment must be avoided.

    5) Before the final contract, the sellers must provide you with proof of payment of utility bills.

    6) It is very important to know if the property is leased. 7) A problem that often emerge in real estate purchases concerns other spaces that you buy together with the main property, eg parking spaces, warehouses.

     

    The question of competent court and applicable law in a hotel contract

    The question of competent court and applicable law in a hotel contract

    A recent judgment of the Mytilene Court of First Instance raised a very topical issue, related to the international jurisdiction of Greek Courts in the case of hotel contracts, despite the prorogation clause in favour of the court of some other members state and to the application of Greek law, in the case of absence of choice by the parties. The position of the court was that it was indeed competent to hear the case, despite the prorogation clause. This judgment is one of the many of Greek courts towards the same direction. All these judgments have not been equally persuasive and a scrutiny of the facts of each case should be made. On the question of the applicable law, the court ended up applying Greek law, on the basis of the location of the hotel in Greece. This point also merits special attention, esp. in case that the parties have chosen law, which does not seem to have been so, in the present case.