Personal Data – Electronic Commerce

"Personal data" term refers to any information relating to a certain person. Personal data is divided into simple and sensitive. "Simple personal data" is any information related to the identification details of a person, such as name, age, residence, profession, marital status, etc. and/or physical characteristics, education, work, financial situation, interests, activities, habits. "Sensitive personal data" is any information related to racial or ethnic origin, political, religious or beliefs, trade union membership, health, social welfare and love life, related to criminal prosecutions or convictions, as well as the participation in associations of persons related to the above. Sensitive data is protected by the Law with stricter regulations than simple personal data.

The processing of them is only permitted when the data subject has given his consent. Exceptionally, processing is permitted even without the consent of the person, when the processing: (1) is necessary to achieve a contract in which the specific person participates, (2) is required by law, (3) is necessary for the preservation of the subject's life, if he is unable for some reason to give his consent and (4) is necessary to carry out a project of public interest.

The collection and processing of sensitive data is prohibited, while exceptionally permitted, after permission from the Personal Data Protection Authority and only under the following conditions: (1) when the subject has given his written consent or (2) when the processing is necessary to protect the life of the subject or the statutory interest of a third party, if the subject is unable to give his consent, or (3) when the processing concerns data that the subject himself makes public, or (4) when the processing concerns matters health and is carried out by a person professionally engaged in the provision of health services, provided that the processing is necessary for medical prevention, diagnosis, treatment or the management of health services or (5) when the processing is carried out by a Public Authority and is necessary for the Public Interest or (6) when the processing is carried out for research and scientific purposes only and provided that anonymity is maintained.

E-commerce especially over the internet is growing rapidly due to the advantages it offers. On the other hand, it involves particularities that require the adoption of special legislative measures to enhance transparency and protect traders.
If you have ever given your consent to a business or entity to use your personal data, you can, at any time, contact the data controller (the person or entity that manages your personal data) and revoke your consent. Once you revoke consent, the business/entity can no longer use your personal data.
Where an entity processes your personal data in the context of its own legitimate interests or in the public interest or on behalf of an official authority, you may have the right to object to its processing. In some special cases, the public interest may prevail and the business or body may be allowed to continue using your personal data. In any case, the first time the company or organization contacts you, it must inform you of your right to object to the use of your personal data.

Lawyers and Associates of "Konstantinos Darivas and Associates" Law Office monitor European and Greek legislation and keep up to date with jurisprudence in the field of personal data protection law, providing legal advisory services and compliance with applicable laws and regulations. We thus have specialized knowledge about the provisions of the Regulation and can inform you about the new legal framework regarding the protection of Personal Data within the EU or outside but, in any case, where the law of an EU member state applies.

Please contact our office for any issue regarding the compliance of natural and legal persons who violate the rules regarding the collection and processing of personal data. We are able to provide you with a full range of legal advice on organizing a - tailored to your needs - action plan for enforcement by the relevant regulatory authorities.