Joint Ministerial Decision 96038/2024, Notification of Operation of Data Centres
In force
Joint Ministerial Decision 96038/2024, FEK B' 7589/31.12.2024
Effective 2025-03-01 · Applies to both
Joint Ministerial Decision 96038/2024 sets the procedure, content, supporting documents, fee and sanctions for the notification of operation of the data centres of Article 321 of Law 4442/2016. Article 3(1) requires prior notification, in the form set out in the Annex, before a data centre begins to operate.
Article 7(1) sets the fee for the initial notification at 500 euro for a total nominal information technology power from 200 kW to below 400 kW, 1,000 euro from 400 kW to below 1,000 kW, 2,000 euro from 1,000 kW to below 2,000 kW, and 4,000 euro from 2,000 kW. Article 8(1) provides for an administrative fine of 1,000 to 20,000 euro on the operator for a breach of the notification duty.
Article 8(4) sets the fine for omitting the initial notification before operation begins at four times the corresponding fee. Article 8(3) makes the Regional Governor of the region where the data centre is located the authority that imposes the sanctions. Article 9 provides that the decision takes effect two months after its publication in the Government Gazette. The decision was published in Government Gazette B' 7589 on 31 December 2024. The Ministry of Development's Open Business Portal treats 1 March 2025 as the date from which the decision is in force.
Source: Full text of law
Law 4442/2016 Chapter ΜΓ', Notification of Operation of Data Centres
In force
Law 4442/2016, Chapter ΜΓ' (Articles 320 to 333), added by Law 5069/2023, FEK A' 193/28.11.2023
Effective 2023-11-28 · Applies to both
Chapter ΜΓ' of Law 4442/2016, added by Article 3 of Law 5069/2023, defines a data centre as a structure intended for the central hosting, interconnection and operation of information technology equipment that provides data storage, processing and transmission or cloud computing services and has the resilience and security levels needed to provide services with a specific availability.
Article 321(1) places a data centre that provides its services to third parties, in whole or in part, under the notification regime of Article 5 of Law 4442/2016 where the total nominal electrical power of its information technology equipment is at least 200 kW. Article 321(2) applies the same regime to a data centre that serves only the needs of another economic activity (own use) where its information technology equipment has a nominal electrical power of at least 1,000 kW.
Article 322 requires neither notification nor approval under the chapter for a data centre below those thresholds, which is not released from other requirements of the legislation in force. Article 323 makes the development service of the region or regional unit in whose territory the data centre is located the competent authority for the notification.
Under Article 324(1) the operator must have assembled the required supporting documents before filing, and keeps them with the proof of submission at the data centre instead of submitting them with the notification. After the notification is submitted the operator may begin operating the data centre. Article 325(1) requires the operator to give prior notification of any change to the details of the notification. Article 325(3) requires a new notification when the data centre is relocated.
Article 328(1) subjects an operator that omits the notification, supplies false, inaccurate or incomplete details, or lacks the supporting documents to the sanctions of Article 15, with an administrative fine of 1,000 to 20,000 euro. Article 333(1) requires a data centre that was already operating before the implementing acts under Article 331 took effect to notify within one year of those acts taking effect.
Annex II to Law 4442/2016, as amended by Article 4 of Law 5069/2023, brings Articles 320 to 334 into force from the date of their publication. Law 5069/2023 was published in Government Gazette A' 193 on 28 November 2023.
Source: Full text of law