Best Outsourcing Lawyers in Vouliagmeni

About Outsourcing Law in Vouliagmeni, Greece

Outsourcing in Vouliagmeni operates within the wider Greek legal framework for commercial contracts, employment, data protection, tax, and competition. Whether you are delegating IT services, customer support, facilities management, or business processes, your arrangements will be governed by the Greek Civil Code and special statutes that impose mandatory rules on labor, privacy, and public procurement. Because Vouliagmeni sits within the Athens metropolitan area, disputes typically fall under the jurisdiction of the Athens courts or agreed arbitration venues.

Well-structured outsourcing in Greece relies on clear contracts, strong data and security standards, a compliant staffing model, suitable intellectual property provisions, and careful exit planning. Greek law is friendly to freedom of contract, but certain rules cannot be waived, especially those protecting employees, personal data, consumers, and competition.

Why You May Need a Lawyer

- You are planning to outsource a business function and need a tailored service agreement with service levels, performance credits, and liability protections.

- You want to avoid misclassification and co-employment risk when external personnel work on your premises or under your direction.

- You will process or access personal data and must meet GDPR and Greek Law 4624-2019 obligations, including data processing agreements and cross-border transfer rules.

- You need to structure intellectual property ownership for software, content, or know-how developed by an external provider.

- You are participating in or delivering services under a Greek public procurement contract and must comply with Law 4412-2016 procedures and flow-down terms.

- You are negotiating liability caps, indemnities, penalty clauses, or step-in rights and need to ensure enforceability under Greek law.

- You will provide or receive services cross-border and must manage VAT, permanent establishment risk, withholding taxes, and social security coordination.

- A dispute has arisen regarding service failures, unpaid fees, termination, or transition assistance and you need negotiation, mediation, or litigation support.

Local Laws Overview

- Contract law: Outsourcing agreements are primarily governed by the Greek Civil Code. Freedom of contract is respected, but clauses that exclude liability for intent or gross negligence are generally invalid. Excessive penalty clauses may be judicially reduced. Clear drafting of scope, SLAs, acceptance, change control, and exit is essential.

- Employment and staffing: True outsourcing is different from temporary agency work. If personnel are effectively placed under the client’s supervision and integration, Greek law on temporary agency work may apply, including licensing and joint liability. Relevant instruments include Law 4052-2012 and Law 4808-2021. Employers controlling on-site work must observe occupational health and safety duties under Law 3850-2010. Joint liability rules may apply in certain subcontracting chains, including cleaning and guarding services.

- Transfer of undertaking: Presidential Decree 178-2002 implements the EU Transfer of Undertakings Directive. If an organized economic unit is transferred to or from an outsourcer, employees and their rights may automatically transfer. Early legal assessment is critical when externalizing or insourcing functions.

- Data protection: The GDPR and Greek Law 4624-2019 apply whenever personal data is processed. A compliant Article 28 data processing agreement is mandatory. Data transfers outside the EEA require an appropriate safeguard, such as standard contractual clauses. The Hellenic Data Protection Authority provides guidance and can impose fines.

- Intellectual property and trade secrets: Under Law 2121-1993, IP created by contractors does not transfer automatically. A written assignment or license is needed, and moral rights remain with authors subject to limited waivers. Protect confidential information using NDAs and trade secret safeguards aligned with the law implementing the EU Trade Secrets Directive.

- Public procurement: If the client is a public entity, Law 4412-2016 governs procurement and contract execution, including award procedures, performance guarantees, and modifications. Flow-down obligations and audit rights often apply to subcontractors.

- Competition and restrictive covenants: Law 3959-2011 and EU competition rules apply to exclusivity, non-compete, and market allocation. Restrictions must be reasonable in scope, duration, and geography, and should be proportionate to legitimate interests.

- Consumer protection and e-signatures: B2C support services must respect Law 2251-1994 on consumer protection. Qualified electronic signatures are recognized under the eIDAS Regulation and Greek digital governance rules, with practical acceptance by Greek courts when properly implemented.

- Tax and VAT: Greece applies VAT at 24 percent on most services. Cross-border B2B services within the EU often use the reverse charge mechanism. Consider permanent establishment exposure under Law 4172-2013, withholding tax triggers for certain inbound services, and double tax treaty relief. Social security coordination within the EU follows Regulations 883-2004 and 987-2009, using A1 certificates.

- Dispute resolution: Parties often choose Athens courts or arbitration. Greece updated its international arbitration framework with Law 5016-2023. Mediation is encouraged under Law 4640-2019 and can be effective for service delivery disputes.

Frequently Asked Questions

What is the difference between outsourcing and temporary agency work in Greece

Outsourcing supplies a defined service or result and the provider controls how work is done. Temporary agency work places individuals under the client’s day-to-day direction. If your arrangement looks like personnel leasing, agency rules and joint liability may apply, including licensing and worker protections.

Do we need a written contract for outsourcing

Yes. A detailed written agreement is essential and typically includes scope, SLAs, KPIs, pricing and indexation, acceptance, security, data protection, subcontracting approvals, audits, change control, liability caps, indemnities, penalties or service credits, business continuity, and exit and transition assistance.

Can we limit the provider’s liability under Greek law

You may cap liability for ordinary negligence and indirect losses, but exclusions for willful misconduct or gross negligence are generally unenforceable. Courts can reduce excessive penalty clauses. Carve-outs often include data breaches, IP infringement, and personal injury.

Who owns intellectual property created during the outsourcing

Contractors retain IP by default. You need a written assignment or license specifying deliverables, background IP, foreground IP, and usage rights. Moral rights under Greek law cannot be fully waived, so contracts typically include waivers to the extent permitted and cooperation obligations.

What are the GDPR requirements for outsourcing that involves personal data

You must sign an Article 28 data processing agreement, ensure appropriate technical and organizational measures, conduct due diligence and audits, maintain records of processing, and address data breach notification. Cross-border transfers outside the EEA require safeguards such as standard contractual clauses and a transfer risk assessment.

When does the transfer of undertaking regime apply to outsourcing

If an organized economic unit retaining its identity transfers to a provider or back to the client, employees assigned to that unit transfer automatically with their rights preserved. Early assessment is needed when externalizing an entire function or insourcing after termination.

How is VAT handled for outsourcing services

Domestic services are generally subject to 24 percent VAT. For B2B intra-EU services, the reverse charge often applies. Cross-border scenarios require correct place-of-supply analysis, invoicing, and registration considerations. Seek tax advice for permanent establishment and withholding exposure.

Can we use foreign law and jurisdiction in our outsourcing contract

Parties may choose foreign law and arbitration, but Greek mandatory rules still apply, especially for employees, data protection, and public procurement. If services are performed in Greece, some local protections may override conflicting contract terms.

What are common exit and transition pitfalls

Insufficient data and asset return procedures, lack of knowledge transfer, unclear license continuation, and no obligation to assist a successor vendor are common issues. Build detailed transition plans, escrow or access rights for critical tools, and practical timelines into the contract.

Do we need special permits to second non-EU staff to Greece for an outsourcing project

Non-EU nationals generally require the appropriate visas and work permits before providing services on-site. For intra-EU secondments, use A1 certificates for social security coverage. Plan immigration and social security steps well in advance.

Additional Resources

Hellenic Data Protection Authority - guidance on GDPR compliance and enforcement in Greece.

Ministry of Labor and Social Affairs - labor law, temporary agency work, working time, and health and safety information.

Hellenic Organization for Occupational Health and Safety - practical obligations when contractors work on your premises.

Independent Authority for Public Revenue AADE - VAT, withholding tax, and permanent establishment guidance.

Single Public Procurement Authority - rules and best practices for public sector outsourcing and subcontracting.

Hellenic Competition Commission - guidance on exclusivity, non-compete provisions, and antitrust compliance.

Athens Bar Association - directories to locate licensed lawyers experienced in outsourcing and technology contracts.

Mediation and Arbitration Centers in Athens - options for alternative dispute resolution under Greek law.

Next Steps

- Map your objectives and risks. Identify services, data flows, locations, subcontractors, and any public sector involvement.

- Engage counsel early. Ask for a risk assessment covering employment structure, GDPR, IP, tax, and competition issues specific to your model.

- Draft a robust contract. Include detailed SLAs, security standards, audit and remediation rights, liability framework, and exit and transition plans. Align templates with Greek mandatory rules.

- Validate staffing compliance. Confirm whether your model is true outsourcing or agency work. Address joint liability, health and safety, and onboarding requirements for on-site personnel.

- Complete privacy and security due diligence. Execute data processing agreements, verify technical and organizational measures, and prepare incident response procedures.

- Assess tax and invoicing. Confirm VAT treatment, permanent establishment and withholding exposures, and correct invoicing mechanics.

- Plan implementation and governance. Set up steering committees, reporting, change control, and periodic audits. Document continuous improvement and service credit mechanisms.

- Prepare for disputes. Select governing law and dispute forum, consider mediation or arbitration, and maintain an issues log and escalation ladder during service delivery.

If you need tailored legal assistance in Vouliagmeni, gather your existing contracts, RFPs, data maps, and project scope, then consult a Greek-qualified lawyer with outsourcing experience for a focused review and negotiation strategy.