Anticipated Reforms

Is the use of telehealth permitted?

Yes, telehealth is permitted in Greece.

How is telehealth regulated?

Telehealth is regulated by virtue of article 66 par. 16 of Law 3984/2011 (A’ 150), which reads as follows:

Telehealth services are provided if possible and under the responsibility of the treating doctor who is dealing with each case. The doctor, for the purposes of the protection of personal data, is responsible to request from the patient, or if this is not possible from a relative of first degree, the signed approval for the use of telehealth services. If this is not possible, then doctor shall offer telehealth services at his / her own discretion. The instructions of the hospitals and health units, which provide telehealth services are offered for advisory purposes and they are under no circumstances mandatory.

Are there specific fields of healthcare in relation to which telehealth services are currently available, and do they involve the use of proprietary technology or platforms?

Telehealth services are provided in Greece by the National Telehealth Network ("EDIT"), which initiated its full operation at the onset of year 2016 with the mission to provide health services to the inhabitants of the remote Aegean islands and to overcome any constraints arising out of the geographical particularities of the place of residence.

To date, 270 health professionals have been certified by EDIT, out of which 67 are doctors offering various types of healthcare services, including psychiatry, surgery, general pathology, dermatology, cardiology, ophthalmology, urology, dentistry, endocrinology, and orthopaedics.

EDIT offers: (1) specially designed areas for exclusive use and controlled access; (2) a video conferencing system (high definition camera and a screen of high quality); (3) a special telehealth platform; (4) certain medical tools that are connected to the platform, so that the results of the medical examination conducted by the doctor are displayed in real time; (5) tele-appointment monitoring; and (6) patient file recording.

Does the public health system include telehealth services, and if so, are such services free of charge, subsidised or reimbursed? Where the public health system does not include telehealth services, are such services covered by private health insurance?

There are no specific provisions under Greek law providing for the inclusion – or the exclusion – of telehealth services in the public health system. The general provisions regulating the public and private health insurance are applicable.

Do specific privacy and/or data protection laws apply to the provision of telehealth services?

The following data protection and privacy laws and regulations are applicable to the provision of telehealth services in Greece:

• Article 66 par. 16 of Law 3984/2011 (A’ 150) sets forth requirements that need to be fulfilled, so that the provision of telehealth services is compliant with the data protection rules. In particular the article states that "The doctor, for the purposes of the protection of personal data, is responsible to request from the patient, or if this is not possible from a relative of first degree, the signed approval for the use of telehealth services. If this is not possible, then doctor shall offer telehealth services at his / her own discretion".
• The general provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"), as well as of Law 4624/2019 (A’ 137) on the Personal Data Protection Authority, implementing the measures set forth by Regulation (EU) 2016/679 are also applicable; health data qualify as sensitive data (article 9 of GDPR), and therefore their processing is permitted only for health-related purposes.
• Given that telehealth is mostly internet-based, compliance with the provisions of Law 3471/2006 (A’ 133) on the protection of personal data and privacy in the field of electronic communications, transposing the Directive (EU) 2002/58/EC is required as well.
• Article 14 of Law 3418/2005 (Code of Medical Ethics) regulates the retention of medical records.

How should the cross-border transfer of personal information collected and processed in the course of telehealth services be carried out to ensure compliance with applicable privacy laws?

The provisions of the GDPR and of Law 3471/2006 (transposing the Privacy Directive) are applicable. Patients shall be properly informed about their health data processing so that they can provide their explicit consent accordingly; as per the GDPR provisions, patients have the right of ownership, portability, transparency, access and erasure on their personal health data.

Are there any currently applicable codes of conduct on the use of telehealth systems and/or security of telehealth data in your jurisdiction?

The Personal Data Protection Authority has not issued any specific code of conduct on the use of telehealth systems and / or the security of telehealth data in Greece.