Procedure for the Imposition and Collection of Administrative Fines for Copyright Infringements

By Joint Ministerial Decision No. 358834/2025 (Government Gazette B’ 4218/4-8-2025), a comprehensive framework is established regarding how copyright infringements are ascertained, how the corresponding administrative fines are imposed and how they are collected. The decision was issued pursuant to the authorization of Article 65A of Law 2121/1993 and specifies the new administrative mechanism for combating piracy, as it has been shaped following the recent amendments of the law.

Inspections for compliance with the legislation are carried out either ex officio or following a complaint. Competent to ascertain infringements and initiate the procedure for the imposition of a fine are, inter alia, the Independent Authority for Public Revenue (AADE), the General Directorate of the Financial and Economic Crime Unit (SDOE), the General Secretariat for Market Supervision (DIMEA), as well as the police, port and customs authorities. The system covers infringing behaviors both in the physical environment (e.g. illegal copies on tangible carriers) and in the digital environment (illegal retransmission/exploitation of works on the internet, use of equipment or software without a license).

The establishment of the infringement is recorded in an act containing the essential elements of the case: the identity of the person alleged to be the infringer, the precise description of the infringement and of the material/equipment that was detected, any elements indicating recidivism and the calculation of the fine. From the notification of the act, the interested party has a period of ten days to submit written objections. The objections are examined by the head of the authority that carried out the inspection, who either annuls the ascertainment act or issues an act imposing a fine. The debt is certified and collected on the basis of the Code for the Collection of Public Revenue, through the competent services (the Tax Offices/Collection Centers of Public Revenue of the Independent Authority for Public Revenue and the customs authorities).

Specifically for offences of a digital nature, the decision provides for measures that facilitate the proof and the immediate cessation of the unlawful activity. The auditing authorities may seize software, devices, or other equipment and may even temporarily seize computers or servers, with the possibility of conducting expert examination on the basis of the Code of Criminal Procedure. At the same time, the procedure is framed by rules for the protection of personal data and the operation of a database of infringements to which the competent authorities have access. The Hellenic Copyright Organization has the role of transmitting/notifying information to the rightsholders, so that they may exercise their civil claims.

An important consequence of the administrative procedure is its relation to criminal prosecution. The payment of the fine without the filing of objections leads to the non-initiation of criminal prosecution or even to the termination of already initiated prosecution for the relevant acts. For the more serious – particularly digital – infringements falling under paragraph 2B, the payment of double the amount of the fine results in the complete elimination of criminal liability pursuant to paragraph 3A of Article 66 of Law 2121/1993. It is noted, however, that the payment of the administrative fine does not exempt from the obligation to render remuneration and compensation to the rightsholders of the works. The infringements are notified to the Hellenic Copyright Organization (OPI), providing the rightsholders with the possibility to pursue additional claims.

In conclusion, Joint Ministerial Decision 358834/2025 introduces a clear and functional framework for combating piracy, which combines the deterrent force of administrative sanctions with the speed and effectiveness of their collection. With the involvement of multiple auditing mechanisms, the provision of specialized measures for the digital environment and the linkage of the administrative procedure with criminal liability, the aim is to strengthen the protection of copyright at all levels. At the same time, with the central role of the Hellenic Copyright Organization in the interconnection between authorities and rightsholders, it is ensured that the fight against infringements is not limited only to public order, but is also linked to the substantive restoration of creators and rightsholders. It therefore constitutes a step towards a more comprehensive, balanced and effective system of protection of intellectual creation in our country.

References

• Hellenic Copyright Organization (OPI) – Announcement on the issuance of Joint Ministerial Decision 358834/2025 (Government Gazette B’ 4218/4-8-2025). (ΟPI)

• https://www.e-nomothesia.gr/kat-pneumatike-idioktesia/kya-358834-2025.html

• Lawspot – “Online piracy: Procedure for the imposition and collection of administrative fines for copyright infringements” (07–08/08/2025). (Lawspot)