The Minister of Digital Governance, Dimitris Papastergiou, presented today to the Council of Ministers the draft law, which will create the appropriate conditions for the implementation of the Digital Services Act (DSA) in Greece.

The aim of the “Act” is to improve the protection of users on the internet with an emphasis on combating the trafficking of illegal content, misinformation, such as the publication of misleading advertisements or products that have resulted from deep fake processing, as well as the protection of minors.

In addition, new rights are provided for users, including the right to file a complaint on the platform, seek out-of-court settlements, file a complaint with their national authority in their language or seek compensation for violations of the rules.

It is underlined that special emphasis is placed on the so-called “very large online (online) platforms”, such as social media and search engines, which pose particular risks regarding the dissemination of illegal content and causing damage to society.

It is worth noting that the Act will be fully implemented, gradually, by February 2024, although several provisions for very large platforms are already in place.

The first seventeen platforms and two search engines designated by the European Commission are Alibaba Ali Express, Amazon Store, Apple AppStore, Booking.com, Facebook, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok , Twitter, Wikipedia, YouTube, Zalando, Bing, Google Search.

It is worth noting that the “Act” is a breakthrough at the EU level, as it significantly improves the mechanisms for removing illegal content and creates stronger public oversight of online platforms. What constitutes illegal content is defined in other laws at either EU or national level – for example, terrorist content, child sexual abuse material or illegal hate speech is defined at EU level.

The “Act” is an excellent opportunity to review and update the legal framework for the regulation of Internet content, with the participation of all competent bodies in Greece. Furthermore, it is expected that there will be an immediate improvement in the cooperation between the authorities involved, both within Greece and within the EU as a whole.

The proposed bill of the Ministry of Digital Governance includes the necessary additional regulations for the full and effective implementation in the Greek legal order of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 regarding the single market for digital services and the amending Directive 2000/31/EC (“Digital Services Act”).

The draft law is subject to extensive processing by a working group, made up of officials from the Ministry of Digital Governance, the National Telecommunications and Posts Commission, the National Radio and Television Council, the Personal Data Protection Authority, the Ministry of Development, the General Secretariat for Communication and Information , the Intellectual Property Organization and the Industrial Property Organization.

With the draft law of the Ministry of Digital Governance, a series of measures are taken, namely:

  • The definition of the Digital Services Coordinator and the competent authorities empowered to supervise the intermediate service providers and enforce the Act, as well as the regulation of their individual responsibilities.
  • The role of the Coordinator in Greece will be played by the National Telecommunications and Posts Commission, which as an independent authority will be responsible for the supervision of the intermediary services established in our country and/or for the coordination with the special sectoral authorities.
  • The National Radio and Television Council (ESR) and the Personal Data Protection Authority (APDPH) are designated as competent authorities for issues related to their competences.
  • Ensuring that orders to take action against illegal content and orders to provide information issued by the competent judicial or administrative authorities meet the requirements of the Act in terms of their content.
  • The establishment of an Advisory Committee in the Ministry of Digital Governance for Digital Services and the definition of its responsibilities.
  • The determination and procedure for imposing proportionate and effective sanctions that may be imposed on intermediate service providers for violations of the Act and the law.
  • The regulation of issues of legal protection and the right of appeal against the decisions of the Coordinator and other competent authorities.
  • The creation of a Register of intermediary service providers established in Greece and the determination of the procedure and manner of its observance.