The use of Email, SMS and App Messages as evidence in civil trials

This article discusses the use of Email, SMS, and App Messages as evidence in civil trials, focusing on their evidential value and the challenges related to the authenticity of such communications, as determined by decision no. 659/2023 of the Piraeus Court of Appeals. It also examines the issue of confidentiality of communications and the need for legal recognition of electronic documents as reliable evidence, under certain criteria. READ FULL ARTICLE

The validity of consent in “Consent or Pay” models for behavioural advertising

In November 2023, Meta Platforms Inc. updated its Privacy Policy in relation to behavioural advertising in the European Economic Area (EEA). Users of Facebook and Instagram in the EEA are hereinafter asked to choose between consenting on the processing of their personal data for behavioural advertising purposes or paying a fee for using the platforms READ FULL ARTICLE

Formation of the price of shares acquired by natural persons according to art. 42 of the Income Tax Code (ITC) and circulars E.2171/2021 and E.2016/2024 – A brief commentary

A different treatment referring to the formation of share acquisition price by natural persons is reserved to shares originating from the capitalization of premium as opposed to shares originating from the capitalization of profits. The article, which has been originally published in the digital journal “Epixeirisi” issued by Nomiki Bibliothiki (issue 4/2024) demonstrates the differences through practical examples and discusses whether such treatment is justified. READ FULL ARTICLE

Artificial arrangement spotted by the Dispute Resolution Directorate: The establishment of a shell company in Bulgaria

The tax audit authorities recently examined the establishment of a company in Bulgaria through the general anti-avoidance rule and confirmed that an artificial arrangement had taken place, with the sole purpose of reducing tax burdens. The entrepreneur challenged the tax findings before the Dispute Resolution Directorate, however all arguments raised were confuted and Greek tax was imposed on the revenues generated from the Bulgarian company. READ FULL ARTICLE

Court of Auditors: An economic operator lending technical and professional capacity is not necessarily a subcontractor

Regarding the controversial issue of the relationship between reliance on third parties’ capacity and subcontracting, the Court of Auditors with its recent decision1638/2023, in alignment with judgment of the EU Court of Justice of 26.1.2023 in case C-403/21, ruled that an economic operator that lends technical and professional capacity to another economic operator to participate in a public tender is not necessarily a subcontractor, quoting an interesting analysis of the meaning of article 78§1 of Law 4412/2016 and the genuine intention of the parties in relation to the participation of the third-party lender in the execution of the contract. READ FULL ARTICLE

A revised Market Definition Notice has been adopted by the European Commission – Key takeaways

The European Commission adopted on 8 February 2024 the revised Market Definition Notice for the purposes of EU competition law, marking the first update since its adoption 27 years ago. The notice introduces a series of novelties in response to significant economic changes resulting from the rise of digital markets and globalization. The present article provides an overview of the key developments enshrined in the revised Market Definition Notice in relation to, inter alia, innovation-intensive markets, multi-sided platforms, digital ecosystems and global markets. READ FULL ARTICLE

Misleading discounts and unfair profitability: What businesses should know in order to avoid fines (in Greek)

In the past few months, the Hellenic Ministry of Development, together with the Interagency for Market Control (DI.M.E.A.), has conducted a series of inspections that led to the imposition of heavy fines to businesses that were found to have infringed the relevant legislation on misleading discounts and unfair profitability. By doing so, the Ministry of Development aims at responding to inflation pressures exerted on the Greek economy and combatting any profiteering practices exercised by businesses against consumers’ interests and welfare. The present article provides an overview of the relevant legislation in relation to misleading discounts and unfair profitability, as... READ FULL ARTICLE

Employment Law Alert: Ministerial Decision No 113169/2023

On 28 December 2023, Ministerial Decision No 113169/2023 (“The Decision”) by the Ministry of Labor and Social Security was published in the Government Gazette. The Decision regulates specific issues in relation mainly to the Digital Work Card, a scheme established in Greece by Law 4808/2021, and focuses on details regarding the application of Law 5053/2023, which entered into force a few months ago. READ FULL ARTICLE

Law 5069/2023: The key environmental and energy provisions (in Greek)

On 28.11.2023, Law 5069/2023 on Data Centers, utilization of Green Fund resources and other environmental and energy provisions was published. Taking into account the reformative changes in the environmental legislation, especially with regard to the market of renewable energy sources, this article summarizes the provisions of utmost importance that have been introduced.  READ FULL ARTICLE

Law 5072/2023 on credit servicers and the re-introduction of market conform asset protection scheme for banks (“Hercules”)(in Greek)

On 04.12.2023 Law 5072/2023 (the “New NPL Law”) was published in the Government Gazette. The New NPL Law re-introduced program "Hercules", transposed Directive 2021/2167 on credit purchasers and credit servicers into Greek law and replaced the former NPL law, i.e. law 4354/2015. Among other changes to the NPLs market, under the newly introduced scheme the credit servicer and the credit purchasers have several additional obligations towards borrowers, as well as increased reporting obligations to the competent authorities compared to the previous regime. READ FULL ARTICLE