HDPA (Greece) - 36/2019: Difference between revisions
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{ | {{DPAdecisionBOX | ||
|Jurisdiction=Greece | |||
|DPA-BG-Color=background-color:#ffffff; | |||
|DPAlogo=LogoGR.jpg | |||
|DPA_Abbrevation=HDPA (Greece) | |||
|DPA_With_Country=HDPA (Greece) | |||
|Case_Number_Name=36/2019 | |||
|ECLI= | |||
|Original_Source_Name_1=HDPA (GR) | |||
|Original_Source_Link_1=https://www.dpa.gr/portal/page?_pageid=33,15453&_dad=portal&_schema | |||
|Original_Source_Language_1=Greek | |||
|Original_Source_Language__Code_1= | |||
|Type=Complaint | |||
|Outcome=Partly upheld | |||
|Date_Started= | |||
|Date_Decided=07.10.2019 | |||
|Date_Published= | |||
|Year=2019 | |||
|Fine=Reduced from 24,000 EUR to 22,000 | |||
|Currency=EUR | |||
|GDPR_Article_1= | |||
|GDPR_Article_Link_1= | |||
|GDPR_Article_2= | |||
|GDPR_Article_Link_2= | |||
|EU_Law_Name_1= | |||
|EU_Law_Link_1= | |||
|EU_Law_Name_2= | |||
|EU_Law_Link_2= | |||
|National_Law_Name_1=Article 11 of L. 3471/2006 (law for the implementation of ePrivacy Directive) | |||
|National_Law_Link_1= | |||
|National_Law_Name_2=Article 13 of L. 2472/1997 (former law on the protection of personal data) | |||
|National_Law_Link_2= | |||
|Party_Name_1=Forthnet | |||
|Party_Link_1=http://www.forthnet.gr/Home.aspx?a_id=256 | |||
|Party_Name_2= | |||
|Party_Link_2= | |||
|Party_Name_3= | |||
|Party_Link_3= | |||
|Appeal_To_Body= | |||
|Appeal_To_Case_Number_Name= | |||
|Appeal_To_Status= | |||
|Appeal_To_Link= | |||
|Initial_Contributor= | |||
| | |||
}} | |||
The HDPA re-examined complaints against the Greek internet and telecommunications service provider Forthnet.gr upon appeal and decided to reduce the fine it had previously imposed on it. | |||
==English Summary== | ==English Summary== | ||
===Facts=== | |||
The HDPA had initially examined forty seven (47) complaints against Forthnet and upheld thirty four (34) of them. It fined the company EUR 24,000 for violation of Article 11 of L. 3471/2006 (law for the implementation of ePrivacy Directive)and Article 13 of L. 2472/1997 (former law on the protection of personal data). | |||
The company appealed before the HDPA to amend this decision, mainly claiming that the HDPA had violated the company's (as defendant) right to objection which is foreseen under the Greek administrative procedural code. | |||
===Dispute=== | |||
===Holding=== | |||
The HDPA accepted the company's claim that it had not effectively exercised its right to objection as defendant, according to the Greek administrative procedural code and it, therefore, decided that the case should be examined again. Based on the new facts which arose after the company effectively exercised its right to objection, the HDPA reduced the fine to EUR 22,000. | |||
==Comment== | ==Comment== | ||
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==English Machine Translation of the Decision== | ==English Machine Translation of the Decision== | ||
There is no available machine translated decision. Please refer to the Greek original decision for details. | |||
<pre> | <pre> | ||
</pre> | </pre> | ||
Latest revision as of 15:37, 6 December 2023
| HDPA (Greece) - 36/2019 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 11 of L. 3471/2006 (law for the implementation of ePrivacy Directive) Article 13 of L. 2472/1997 (former law on the protection of personal data) |
| Type: | Complaint |
| Outcome: | Partly upheld |
| Started: | |
| Decided: | 07.10.2019 |
| Published: | |
| Fine: | Reduced from 24,000 EUR to 22,000 EUR |
| Parties: | Forthnet |
| National Case Number/Name: | 36/2019 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Greek |
| Original Source: | HDPA (GR) (in ) |
| Initial Contributor: | n/a |
The HDPA re-examined complaints against the Greek internet and telecommunications service provider Forthnet.gr upon appeal and decided to reduce the fine it had previously imposed on it.
English Summary
Facts
The HDPA had initially examined forty seven (47) complaints against Forthnet and upheld thirty four (34) of them. It fined the company EUR 24,000 for violation of Article 11 of L. 3471/2006 (law for the implementation of ePrivacy Directive)and Article 13 of L. 2472/1997 (former law on the protection of personal data).
The company appealed before the HDPA to amend this decision, mainly claiming that the HDPA had violated the company's (as defendant) right to objection which is foreseen under the Greek administrative procedural code.
Dispute
Holding
The HDPA accepted the company's claim that it had not effectively exercised its right to objection as defendant, according to the Greek administrative procedural code and it, therefore, decided that the case should be examined again. Based on the new facts which arose after the company effectively exercised its right to objection, the HDPA reduced the fine to EUR 22,000.
Comment
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Further Resources
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English Machine Translation of the Decision
There is no available machine translated decision. Please refer to the Greek original decision for details.
