Introduction
The implementation of Law 4967/2022, which incorporates Directives (EU) 2019/770 and (EU) 2019/771 into Greek law, is a significant step towards providing greater protection for consumers in digital transactions and establishing a digital single market. By regulating sales contracts in a uniform manner, the Law enhances legal certainty and brings the Greek Civil Code up to speed with the demands of the digital economy. Notably, most of the provisions were not transposed as a separate legal text but were directly incorporated into the relevant chapter of the Greek Civil Code on the sale of goods.
Contracts for the supply of digital content and services
The Law, specifically Articles 3 through 32, establishes a framework for “contracts for the provision of digital content or digital services,” in which the supplier provides digital content or services to a recipient, who can be a natural person or legal entity, in exchange for an agreed-upon consideration.
The term “digital content” is a novel legal concept that encompasses data produced and provided in a digital format, including computer programs, applications, video and audio files, music files, digital games, electronic books, and other electronic publications, as well as any materials, documents, or files in digital form. Similarly, a “digital service” is newly defined in the Greek Civil Code as a service that allows the recipient to create, edit, store, or access data in digital form, or allows for the exchange of data in digital form or other interaction with such data created by the recipient or other users of the service. This category includes cloud computing services, audio and video sharing, file hosting, word processing, online games, and social media or other platform services.
The Law’s scope excludes certain areas, such as contracts for the provision of specific electronic communication, financial, healthcare, and gambling services. It is worth noting that the Law’s provisions were primarily incorporated into the existing Chapter of the Greek Civil Code on the sale of goods (Articles 513 ff), rather than transposed as a separate legal text, resulting in a more uniform regulation of sales and greater responsiveness to the digital economy.
Sales Contracts
The Law introduces new requirements for the sale of goods that have digital elements, which are subject to the provisions of the Greek Civil Code on sales, regardless of whether they are provided by the seller or a third party. A good with digital elements is defined as a movable good that relies on digital content or a digital service to function. The seller of such a good must ensure that the buyer is notified and provided with security updates and other necessary information to comply with the contract, according to Article 538 of the Greek Civil Code.
The concept of conformity replaces the previous requirements of agreed properties and real defects. Lack of conformity is no longer necessary for the seller’s liability to be established, and new Articles 535A and 535B of the Greek Civil Code set subjective and objective conditions for the good to be considered conforming to the contract. Any lack of conformity that occurs within one year from the delivery of the good is presumed to have existed at the time of delivery.
If the seller is liable for non-conformity, the buyer may demand restoration of the good, a price reduction, withdrawal from the contract, or compensation for damages. However, the seller may be exempt from restoring the good if it is impossible or involves disproportionate costs. The buyer’s rights due to non-conformity expire after five years for immovable things and after two years for movables.
What is the consumer’s protection framework?
In addition to revising the relevant chapter of the Greek Civil Code, the Law has also strengthened various provisions of the Greek Consumer Protection Law (Law 2251/1994). Notably, the definition of “seller” has been amended to encompass “any natural or legal person, regardless of whether private or public law applies, who, in the context of the sales contract, acts for purposes related to the exercise of his commercial, business or professional activity.”
Furthermore, the Law has amended the provisions governing legal guarantees and commercial warranties. Article 5A of the Greek Consumer Protection Law now requires sellers to inform consumers about the procedural steps necessary to apply a commercial warranty. In addition, under paragraph 1a of the same article, if a producer provides a consumer with a commercial warranty regarding the durability of certain goods for a specified period, the producer is directly liable to the consumer for repairing or replacing the goods throughout the term of the commercial warranty, in accordance with Article 542 of the Civil Code on buyer’s rights.
Paragraph 1b of Article 5A stipulates that if the conditions stated in the commercial warranty are less favorable to the consumer than those stated in the respective product advertisement, the commercial warranty shall be binding under the conditions stated in the advertisement, unless the advertisement had been corrected before the sale contract was concluded.
Conclusion
The Greek legal community has expressed a favorable response to The Law, anticipating that it will establish a strong safeguard for consumer protection and significantly enhance legal assurance for both consumers and traders in numerous routine transactions concerning goods, smart goods, digital content and digital services. This development will create an atmosphere of legal security and business trust for the exchange of goods, digital content and digital services. Nevertheless, the successful and consistent execution of the Law by market players and regulatory agencies remains uncertain.