3390
GOVERNMENT GAZETTE
GDPR, the offender shall be punished with imprisonment
of at least one (1) year and a fine of up to one hundred
thousand euros (EUR 100,000), unless the act is punishable
with a more severe penalty under another provision.
4. The person who has committed the acts referred
to in the previous paragraphs shall be punished with
incarceration of up to ten (10) years, if he or she intended
to secure for himself or herself or others an unjust profit, or
cause financial loss to another person, or cause damage to
another person, and the total profit or total loss exceeds the
amount of one hundred and twenty thousand euros (EUR
120,000).
5. If the acts referred to in paragraphs 1 to 3 have resulted
in a risk to the free functioning of democracy or national
security, they shall be punishable with imprisonment and a
fine of up to three hundred thousand euros (EUR 300,000).
6. The felonies provided for in this Article shall fall within
the jurisdiction of the three-member court of appeal for
felonies.
Article 39
Administrative sanctions
1. Without prejudice to the Authority’s corrective powers
in accordance with Article 58(2) of the GDPR, the Authority
may, in a specific reasoned decision and following a
previous notice summoning the interested parties to provide
explanations, impose to bodies of the public sector, as this
is defined in indent (a) of Article 14(1) of Law 4270/2014
(Government Gazette A’ 143), with the exception of public
undertakings and bodies referred to in Chapter A of Law
3429/2005 (Government Gazette A’ 314), in their capacity
as data controllers, for infringements relating to:
(a) indent (a) of Article 83(4) of the GDPR, with the
exception of Articles 8, 27, 29, 42, 43 of the GDPR, (b)
Article 83(5) and (6) of the GDPR, with the exception of
Articles 17, 20, 47, 90 and 91 of the GDPR, (c) Articles
5, 6, 7, 22, 24, 26, 27 (with the exception of paragraph 7
thereof), Articles 28 to 31, and indent (a) of Article 32(1),
Articles 33 to 35 of this Law, an administrative fine of up to
ten million euros (EUR 10,000,000).
2. When deciding whether to impose an administrative
fine and determining its amount, in each individual case
due regard shall be given to the following:
(a) the nature, gravity and duration of the infringement
taking into account the scope or purpose of the processing
concerned, as well as the number of data subjects affected
and the level of damage suffered by them,
(b) any action taken by the body of the public sector to
mitigate the damage suffered by data subjects,
(c) any relevant previous infringements by the body of
the public sector,
(d) the categories of personal data affected by the
infringement,
(e) the manner in which the infringement became
known to the Authority, in particular whether, and if so
to what extent, the body of the public sector notified the
infringement and
(f) where measures referred to in Article 58(2) of the
GDPR have previously been ordered against the body of
the public sector, with regard to the same infringement, the
A’ 137/29.08.2019
degree of compliance with those measures.
3. If a body of the public sector, for the same or linked
processing operations, infringes several provisions of the
GDPR or of this Law, the total amount of the administrative
fine shall not exceed the amount specified for the gravest
infringement.
Article 40
Judicial remedy against a controller or processor
1. Actions brought by a data subject against a controller
or processor for breach of data protection provisions within
the scope of the GDPR or the rights of the data subject
referred to therein shall be brought before the civil courts
in whose district the controller or processor has his or
her establishment. The actions referred to in the previous
subparagraph may also be brought before the civil courts
in whose district the data subject has his or her habitual
residence.
2. The previous paragraph shall not apply to actions
brought against public authorities, where such authorities
exercise sovereign power conferred on them.
3. Where the controller or processor has designated
a representative in accordance with Article 27(1) of the
GDPR, the representative in question shall be considered
to be a procedural representative for the serving of all
documents carried out in the framework of civil proceedings
pursuant to paragraph 1.
Article 41
Representation of a data subject
1. Where the data subject considers that the processing
of personal data relating to him or her infringes the
provisions of the GDPR or Chapter III of this Law, he or
she shall have the right to mandate a not-for-profit body,
organisation, association or a not-for-profit group of
persons without legal personality which has been properly
constituted and is legally established in the Greek territory,
has statutory objectives which are in the public interest and
is active in the area of protection of data subjects' rights
and freedoms with regard to the protection of their personal
data, to lodge a complaint on his or her behalf with the
Authority in accordance with Article 77 of the GDPR, and to
exercise on his or her behalf the rights referred to in Article
78 of the GDPR and Article 20 of this Law.
2. The representation mandate referred to in paragraph
1 shall be made by means of a specific written authorisation
validated for the signature authenticity of the contracting
party in accordance with Article 11(1)(a) of the Code of
Administrative Procedure (Law 2690/1999, Government
Gazette A’ 45). The mandate may be revoked at any time,
in whole or in part.
Article 42
Public access to documents
1. The application of the provisions of Article 5 of the
Code of Administrative Procedure relating to the provision
of documents by bodies of the public sector falling within
the scope of Article 1 of the above Code and of other
provisions relating to the issuing of documents by the body
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