A’ 137/29.08.2019
GOVERNMENT GAZETTE
assistance insofar as necessary in order to implement
this Chapter. Mutual assistance shall cover, in particular,
information requests and supervisory measures, such
as requests to carry out consultations, inspections and
investigations.
2. The Authority shall take all appropriate measures
required to reply to a request of another supervisory
authority for mutual assistance without delay and no later
than one month after receiving the request.
3. The Authority may refuse to comply with the request:
(a) if it is not competent for the subject matter of the
request or for the measures it is requested to execute, or
(b) compliance with the request infringes the law.
4. The Authority shall inform the requesting supervisory
authority of the other Member State of the results or, as
the case may be, of the progress or the measures taken in
order to respond to the request. In the case of the previous
paragraph, it shall justify its refusal to comply with the
request.
5. The Authority shall, as a rule, supply the information
requested by the supervisory authority of the other Member
State by electronic means and in a standardised format.
6. The Authority shall not charge a fee for actions taken
pursuant to a request for mutual assistance, unless it has
agreed with the supervisory authority of the other State
to indemnify each other for specific expenditure arising
from the provision of mutual assistance in exceptional
circumstances.
7. Requests to the Authority for assistance shall contain
all the necessary information, including the purpose of and
reasons for the request. Information exchanged shall be
used only for the purpose for which it was requested.
SECTION VII
LIABILITY AND PENALTIES
Article 80
Liability of the controller
(Articles 54 and 56 of the Directive)
A public authority, in its capacity as a controller, having
unlawfully caused damage to the data subject, in breach
of the provisions of Articles 6 to 8 or the provisions of
this Chapter, shall be required, in accordance with the
provisions of Articles 105 and 106 of the Introductory Law
to the Greek Civil Code, to pay compensation or damages
for non-material damage to the data subject.
Article 81
Criminal penalties
(Articles 54 and 57 of the Directive)
Article 38 shall also apply to the processing of personal
data by competent authorities for the purposes of Article 43.
Article 82
Administrative penalties
(Articles 54 and 57 of the Directive)
1. Without prejudice to the supervisory powers of the
Authority pursuant to Article 15 of this Law, the Authority,
in a specific reasoned decision and following a previous
3401
notice summoning the interested parties to provide
explanations, may impose the following administrative
fines on competent authorities for infringements of their
obligations as data controllers:
(a) for infringements of Articles 6 to 8 and Articles 60 to
78, an administrative fine of up to one million euros (EUR
1,000,000),
(b) for infringements of Articles 45 to 57, an administrative
fine up to two million euros (EUR 2,000,000) and
(c) for failure to comply with an order of the Authority
under Article 15(4), an administrative fine of up to two
million euros (EUR 2,000,000).
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, duration of the infringement, scope
or purpose of the processing concerned and the number of
data subjects affected by the breach and the extent of the
damage suffered,
(b) any actions taken by the competent authority to
mitigate the damage suffered by the data subjects,
(c) any relevant previous infringements by the competent
authority,
(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 competent authority notified the infringement
and
(f) in case the measures referred to in Article 15(4) have
already been ordered against the competent authority with
regard to the same infringement, the degree of compliance
with those measures.
CHAPTER E
FINAL AND TRANSITIONAL PROVISIONS
Article 83
Transitional provisions
1. Reference to Law 2472/1997 made in provisions of
the legislation in force shall be construed as reference to
the relevant provisions of the GDPR and of this Law.
2. The guidelines and regulatory acts of the Authority
shall remain in force, provided that they do not infringe the
GDPR and the provisions of this Law.
3. The staff serving at the Authority at the time of passing
this Law, both permanent and under an employment
relationship governed by private law, shall be automatically
assigned to equivalent positions governed by public or
private law for each category, branch or specialty, in
accordance with their formal qualifications.
4. Requests pending before the Authority until 25.5.2018
will be filed without further action following a declaratory
act of the President with the exception of data subjects’
admissible applications.
Article 84
Repealed provisions
Law 2472/1997 on the protection of individuals with
regard to the processing of personal data shall be repealed,
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