Law 4961/2022: Regulations for the Development of Artificial Intelligence in the public and private sector and the digital upgrade of public administration.

The Greek Government has taken an initiative in adopting regulation on Artificial Intelligence. Specifically, Law 4961/2022’s objective is to prevent the potential exploitation of modern advanced technologies that can have a significance both to the society and the economy. The law was not adopted to prevent modern advanced technologies but to regulate their adoption providing safeguards within a legal framework. Both public bodies, but also private persons are now burdened by obligations that the new law imposes.  

The new regulatory framework contains provisions on Artificial Intelligence, the Internet of Things, the usage of Drones as couriers, the use of blockchain technology, smart contracts, and 3D printers. Specifically, Part A of the Law concerns the digital upgrade of the public administration and provides an institutional bedrock for the safe use of artificial intelligence and combat cyber threats. In doing so Part A establishes regulation on the development of AI technology, information security and data protection.

On the other hand, Part B contains provisions on the usage of the aforementioned technologies by public bodies in order to provide technological advancement to public procedures. The government aims to digitalise public body procedures and use these technologies to provide safe, efficient, quick, less costly and environmentally friendly solutions.

Provisions on AI technology are divided into sections of public and private bodies. Firstly, regarding private bodies:

(a) Apart from the Ministries of National Defence and Citizen Protection all other public bodies can use AI systems when this is provided by a special provision of law and the appropriate safeguards are guaranteed.

(b) Public Bodies must prepare an algorithmic impact assessment to assess the risks that may arise for the rights, freedoms and legal interests of the persons affected by this system.

(c) For transparency purposes all public bodies must provide information to the public concerning the AI system operation, and specifically any decisions taken using it.

Secondly on private bodies:

(a) All enterprises must provide their employees with the relevant information before the first use of an AI system that impacts decision making that concerns the employees.

(b) Medium and Large enterprises must adopt moral data usage policies and provide information on ethical matters concerning data that are used in AI systems.

(c) Medium and Large enterprises must compulsorily provide information on their moral data usage policies.

(d) Regarding public contracts concerning the development of AI systems the following must be provided:

  1.   Provide the appropriate body with information on the transparent operation of the system.
  2.   Deliver the system with conditions on the mode, operation and parameters, so that the system can be improved.
  3.   Ensure that the system is compatible with all regulatory measures, including human rights articles such as the respect for private life, prohibition of discrimination, equal treatment, and the principle of good administration.

Two Committees are established for the monitoring and enforcement proceedings. Firstly, the Coordinate Committee for AI has the responsibility of preparing a National AI Strategy and formulating AI policy. A Supervisory Committee is also established to ensure that the law is correctly implemented. The AI Observatory will monitor the technological developments and create reports with its findings, that the two committees will use to perform their obligations.

Foutsis’  IP and Data Privacy team is highly specialised and offers the full range of IP and related services and boasts an extensive list of high-caliber global clients. We understand the challenges of IP protection and data protection that the continuous advancement of modern advanced technologies poses. Our Lawyers are trained to guide clients on their compatibility with data protection law and their obligations with the relevant authorities. The modern age of AI is now being followed by regulatory changes that our team will help you navigate.