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  E-Commrece Directive EC
   
     
 
 

Legal/FORTH Cert and the Greek law

Penal Code Article 370C2:
Every one who obtains access to data recorded in a computer or in the external memory of a computer or transmitted by telecommunication systems shall be punished
by imprisonment for up to three months or by a pecuniary penalty not less than ten thousands drachmas, under condition that these acts have been committed without right, especially in violation of prohibitions or of security measures taken by the legal holder.
If the act concerns the international relations or the security of the State, he shall
be punished according to Art. 148.

If the offender is in the service of the legal holder of the data, the act of the preceding paragraph shall be punished only if it has been explicitly prohibited by internal regulations or by a written decision of the holder or of a competent employee of his.

1. Target fingerprinting
Provision
: None
Description: Only punishable as a preparatory act (attempt to commit another form
of cybercrime).
Sanction: Dependent on the subsequent behaviour: punishable as an attempt to commit another crime. A lesser punishment is imposed if the felony or misdemeanour is not completed (article 83 criminal code).

2. Unauthorized access to transmissions
Provision
: Article 370 1 Criminal Code
Description: Unlawfully and with the intent to obtain knowledge of its contents opening of a sealed document, or violating another's privacy using any other means by reading, rewriting or otherwise copying a letter or a document.
Sanction: Imprisonment of up to one year.

Provision: Article 370 A Criminal Code
Description: Unauthorised access to private telephone exchanges and voicemail systems.
Sanction: Imprisonment between 10 days and five years

3. Unauthorized access to information
Provision
: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transmitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to 3 months or a fine of EUR 29 to 15,000.

Provision: Article 370 C 2 Criminal Code
Description: If the offender is in the service of the legal holder of the data, the act described above shall only be punishable if it has been explicitly prohibited by an internal regulation or by a written decidsion by the holder or by a competent employee.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000.

Find out more about European Union directives here
 


4. Modification of information
Provision
: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transimitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000.

Provision: Article 381 Criminal Code
Description: Intentionally damaging foreign property (including electronic data), wholly or in part, or in any other way preventing its use.
Sanction: Imprisonment of up to two years.

5. Malicious code
Provision
: Article 381 Criminal Code
Description: Intentionally damaging foreign property (including electronic data), wholly or in part, or in any other way preventing its use.
Sanction: Imprisonment of up to two years.

Provision: Article 386A Criminal Code
Description: Intentionally and unlawfully attempting to enrich oneself or another, by causing damage to another through affecting computer data either by incorrectly executing a computer program or by using wrong or incomplete data, or by causing damage to the data in any other way.
Sanction: Imprisonment of up to two years. If the offender commits fraud (by using malicious codes) as a profession or habitually and the damage is valued over EUR 15,000 or if the damage caused by the malicious code is over EUR 73,000, then the maximum penalty is increased to imprisonment of up to ten years.

6. Denial of Service
Provision
: Article 381 Criminal Code
Description: Intentionally damaging foreign property (including electronic data), wholly or in part, or in any other way preventing its use.
Sanction: Imprisonment of up to two years

Provision: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transmitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000

7. Account compromise
Provision
: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transmitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000.

Provision: Article 370 B Criminal Code
Description: Unauthorized access and maintenance of access to a computer systems' secret data.
Sanction: Imprisonment between 3 months and 5 years, if the data is secret.

8. Intrusion attempt
Provision
: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transmitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000. A lesser punishment is imposed if the felony or the misdemeanour is not completed (Article 83 Criminal Code)

Provision: Article 370 B Criminal Code
Description: Unauthorized access and maintenance of ace to a computer systems' secret data.
Sanction: Imprisonment between 3 months and 5 years, if the data is secret. A lesser punishment is imposed if the felony or the misdemeanour is not completed (Article 83 Criminal Code)

9. Unauthorized access to communication systems
Provision
: Article 370 C 2 Criminal Code
Description: Unlawful access to data recorded in a computer or in the external memory of a computer transmitted by telecommunication system, especially in violation of prohibitions or of security measures taken by the legal holder.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000.

Provision: Article 370 C 2 Criminal Code
Description: If the offender is in the service of the legal holder of the data, the act describe above shall only be punishable if it has been explicitly prohibited by an internal regulation or by a written decision by the holder or by a competent employee.
Sanction: Imprisonment of up to three months or a fine of EUR 29 to 15,000.

Provision: Article 370 1 Criminal Code
Description: Unlawfully and with the intent to obtain knowledge of its contents opening of a sealed document, or violating another?s privacy using any other means by reading, rewriting or otherwise copying a letter or a document.
Sanction: Imprisonment of up to one year.

Provision: Article 370 A Criminal Code
Description: Unauthorised access to private telephone exchanges and voicemail systems.
Sanction: Imprisonment between ten days and five years.

10. Spam
Provision
: None
Description: The use of electronic mail for advertising purposes without the prior, free, specific and informed consent of the addressee of the messages is not forbidden by the Greek Criminal Code or any other penal law.
Sanction: None

Provision: Article 348 3 Criminal Code
Description: Professionally or for financial gain, by advertisements, pictures, phone numbers, electronic mails or by any mean acts to facilitate indecency between adults
and a person under 18 years of age.
Sanction: Imprisonment between ten days and five years and a fine up to EUR 100,000

source:
Computer Security Incident Response Team Handbook of Legal Procedures

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