Best Outsourcing Lawyers in Arta

About Outsourcing Law in Arta, Greece

Outsourcing in Arta refers to engaging third parties to perform services that a business would otherwise handle internally, such as information technology support, customer service, payroll, logistics, facility management, or specialized consulting. Arta is part of the Epirus region, with active local commerce, public sector entities that tender services, and growing small and medium enterprises that use outsourcing to control costs, access expertise, and scale operations.

Greek outsourcing is governed by general contract law in the Greek Civil Code, employment and labor rules, data protection rules, tax and social security provisions, and sector specific regulations. Because Greece is an EU member, EU rules apply, particularly the General Data Protection Regulation for personal data and EU rules on the freedom to provide services. For public sector outsourcing, Greek public procurement law sets strict tendering and performance requirements. Local practice in Arta often involves long term services agreements, framework contracts, and public tenders issued by municipalities, public bodies, and the Region of Epirus.

This guide offers plain language information to help you understand the legal landscape. It is not legal advice. For case specific guidance, consult a qualified lawyer licensed in Greece.

Why You May Need a Lawyer

A lawyer can help you navigate complex legal and commercial risks that arise in outsourcing. Common situations include:

- Drafting and negotiating service agreements that set clear scope, service levels, acceptance criteria, pricing, change control, intellectual property ownership, confidentiality, warranties, and liabilities.- Ensuring compliance with labor law and avoiding misclassification of workers, sham outsourcing, or unlawful employee leasing. This includes assessing co employment risk, joint liability for wages and social security, and the impact of collective labor agreements.- Determining if a transfer of undertaking applies when activities and assets move to a provider, which could automatically transfer employees and their rights.- Managing data protection, including data processing agreements, security measures, audits, and cross border data transfers.- Protecting intellectual property, trade secrets, and know how, and structuring licenses for software and deliverables.- Advising on tax and VAT treatment, permanent establishment risk for foreign providers, and withholding obligations.- Preparing for and participating in public tenders under Greek procurement rules, including eligibility, exclusion grounds, and performance guarantees.- Handling disputes about performance, delay, penalties, termination, or non compete and non solicitation clauses.- Assisting with regulatory issues in sensitive sectors such as health, financial services, education, and utilities.

Local Laws Overview

Key legal areas and instruments that affect outsourcing in Arta and across Greece include:

- Contract law: Greek Civil Code governs formation, validity, performance, and remedies. Clear drafting around scope and acceptance is vital to reduce disputes.- Labor and employment: Law 4808 of 2021 modernizes labor relations, telework, working time records, and enforcement. Law 4052 of 2012 regulates temporary agency work and employee leasing. Presidential Decree 178 of 2002 implements the EU Transfers of Undertakings Directive and may apply when an organized economic entity is transferred. Collective agreements and workplace rules may impose additional obligations. Non compete clauses must be reasonable in scope, duration, and geography, and are more likely to be enforceable if adequate compensation is paid.- Data protection: GDPR applies to most outsourcing that involves personal data. A written data processing agreement under Article 28 is required when a provider acts as a processor. National implementation and supervision are handled in Greece by the Hellenic Data Protection Authority. Cross border transfers outside the EU require appropriate safeguards, such as standard contractual clauses and transfer impact assessments.- Intellectual property and trade secrets: Copyright Law 2121 of 1993, patent and design rules, and Greek implementation of the EU Trade Secrets Directive protect software, works, and confidential information. Agreements should specify IP ownership in deliverables, license terms, and return or deletion of confidential information at end of contract.- Health and safety: The Code on Health and Safety at Work sets obligations for employers and, where relevant, host companies to coordinate measures for on site services.- Consumer and commercial rules: Law 2251 of 1994 on consumer protection may apply to business to consumer outsourcing. Unfair competition and misleading advertising rules also matter for marketing and customer contact services.- Public procurement: Law 4412 of 2016 governs procurement by municipalities, regional authorities, hospitals, and other contracting authorities. It sets rules on tender procedures, award criteria, exclusion grounds, subcontracting declarations, and performance guarantees. In Arta, local authorities and public bodies follow these rules for outsourced services.- Tax and social security: VAT Code and Income Tax Code set VAT treatment for services, place of supply for cross border services, and withholding obligations. Social security contributions are administered by EFKA. Joint liability can arise in some subcontracting chains for wage and insurance obligations.- Dispute resolution: Parties can choose Greek law and courts, or agree on arbitration or mediation. For public contracts, administrative procedures and courts may have jurisdiction.

Frequently Asked Questions

Is outsourcing legal in Greece and in Arta specifically

Yes. Outsourcing is lawful across Greece, including Arta. It must comply with contract, labor, data protection, tax, and sector specific laws. For public bodies, procurement rules must be followed.

How is outsourcing different from employee leasing in Greece

Outsourcing focuses on delivering a result or service under a services contract, with the provider organizing how work is done. Employee leasing involves supplying personnel to work under the client’s direction and is strictly regulated. Misclassifying leased labor as outsourcing can lead to fines and joint liability.

When does the transfer of undertaking regime apply to an outsourcing

If an organized economic entity retaining its identity is transferred to a provider, employees assigned to that entity may transfer automatically with their rights. This assessment is fact specific and depends on factors like assets, staff, and continuity of activities.

Do I need a data processing agreement with my provider

If the provider processes personal data for you, a GDPR compliant data processing agreement is mandatory. It should cover subject matter, duration, nature, purpose, data types, security, sub processors, audits, data breach notification, and return or deletion of data.

Can I outsource to a provider outside the EU

Yes, but if personal data is involved, cross border transfers must use approved safeguards such as standard contractual clauses and additional measures after a transfer risk assessment. You must also consider tax, export control, sector rules, and practical enforcement risks.

Who owns the intellectual property in outsourced deliverables

Ownership depends on the contract. Greek law does not automatically transfer IP in software or other works to the client. Your agreement should expressly assign IP in deliverables or grant sufficient licenses, and address pre existing materials and open source components.

Are non compete and non solicitation clauses enforceable

They can be enforceable if reasonable in scope, duration, and territory and if they protect legitimate interests. Post termination non compete clauses for former employees typically require compensation. Non solicitation of clients and staff should be narrowly tailored.

What taxes apply to outsourcing fees

Domestic services are generally subject to VAT. Cross border services follow place of supply rules. Withholding tax may apply in some cases, especially for certain types of payments to foreign providers. Always seek tax advice on your specific arrangement.

What should a solid service level agreement include

Define measurable service levels, monitoring and reporting, credits or penalties for failure, maintenance windows, exclusions, dispute escalation, disaster recovery, and termination rights for repeated breaches.

Can my company bid for public outsourcing contracts in Arta

Yes, if you meet eligibility criteria under Greek procurement law, including technical and financial capacity, absence of exclusion grounds, and compliance with tender documents. Prepare proof documents and be ready to provide performance guarantees and declare subcontractors.

Additional Resources

- Arta Bar Association for referrals to local lawyers.- Court of First Instance of Arta for civil and commercial disputes.- Court of Appeal of Ioannina for regional appeals.- Labor Inspectorate Independent Authority - Epirus Regional Directorate for labor compliance matters.- Hellenic Data Protection Authority for data protection guidance and decisions.- Hellenic Single Public Procurement Authority for procurement rules and guidance.- Independent Authority for Public Revenue AADE for tax and VAT matters.- EFKA Single Social Security Entity for social insurance compliance.- Hellenic Industrial Property Organization OBI for patents and designs.- Ministry of Labour and Social Affairs for employment policies and circulars.- Chamber of Arta for local business support and networking.- Region of Epirus and Municipality of Arta procurement departments for local tenders.

Next Steps

- Define your outsourcing objectives: scope, timelines, budget, risk tolerance, and performance outcomes. Identify data categories and whether personal data or sensitive information is involved.- Map legal touchpoints: labor implications, data protection, IP, sector regulations, tax, and procurement requirements. Flag high risk areas early.- Shortlist providers: verify licensing where applicable, financial health, insurance coverage, references in Greece, security certifications, and local presence in Epirus if on site services are needed.- Engage a Greek lawyer: request a scoping call to confirm applicable laws, documentation needs, and a project plan. Ask for a checklist covering contracts, policies, and compliance filings.- Draft and negotiate: use a master services agreement with clear service descriptions, service levels, data processing terms, IP clauses, audit rights, subcontracting limits, price review, penalties, and termination assistance.- Prepare compliance documentation: data processing agreement, records of processing, impact assessments if required, security standards, health and safety coordination plan for on site work, and procurement documents where relevant.- Plan implementation and oversight: assign contract managers, set reporting cadence, run acceptance testing, monitor service levels, and conduct periodic audits. Keep evidence of compliance for inspections by authorities.- Review annually: revisit pricing, performance, data protection, and legal changes in Greece and the EU. Adjust contracts or vendors as needed.

This guide is informational and not legal advice. For tailored assistance in Arta, contact a qualified Greek lawyer with experience in outsourcing, labor, data protection, and public procurement.