Law 4753/2020 introduces implementation measures to EU Regulation 2019/1150 on providers of online intermediation service

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Further to the adoption of Regulation (EU) 2019/1150 on providers of online intermediation services, certain implementation measures have been published, by virtue of the provisions of Law 4753/2020 (Government Gazette Issue A’ 227 – 18.11.2020), the most notable of which are the following:

Interdepartmental Unit for Market Surveillance (in Greek “ΔΙ.Μ.Ε.Α”)

The newly-founded Interdepartmental Unit for Market Surveillance (in Greek: Διυπηρεσιακή Μονάδα Ελέγχου Αγοράς, hereinafter “IUMS”), an independent unit of the Ministry of Development and Investments, whose main office is located at the General Secretariat of Commerce and Consumer Protection, is reinforced. IUMC’s main duty is to supervise the compliance of providers of online intermediation services or online search engines with the provisions of Regulation (EU) 2019/1150. IUMC is authorised to investigate any relevant case, acting upon a complaint or on its own initiative, if it deems that the possible infringement is of much wider concern for the protection of the operation of the market, and it imposes sanctions.

IUMS has the authority to gain access to any information, data and document coming from any source, to carry out dawn raids, to maintain in its files any information that may arise therefrom and to search for any information, with respect to the facts related to the subject matter of the inspection. According to its organisation chart, IUMS is comprised of the following agencies:

  1. The Director of IUMS;
  2. The Directorate of Coordination and Administrative Support;
  3. The Directorate of Interdepartmental Cooperation for the Surveillance of the Market and the Tackling of Illicit Trade;
  4. The Directorate of Data Management, Statistical Processing and Supervision of E-Commerce.

If an infringement of Regulation (EU) 2019/1150 is detected, IUMS may address a recommendation for compliance or impose an administrative fine of EUR one thousand five hundred (1,500) to EUR two million (2,000,000) on the providers of online intermediation services or online search engines.

Operation of stores on Sundays

At the same time, Law 4753/2020 amends Law 4177/2013 (A΄ 173) regarding the operation of stores on Sundays. More specifically, it is provided for that, throughout the year, the operation of small local commercial stores, which are classified based on their size as falling under the category of article 2 paras. 2 and 3 of Law 4308/2014 (Α΄ 251), in municipal communities with permanent resident population of less than five thousand (5,000), is optionally allowed on Sundays. Moreover, it is stipulated that following a decision of the Minister of Development and Investments, the operation of stores on Sundays may be allowed for one (1) year, throughout the year, in three (3) tourism regions as a pilot scheme.