Commissioner for Equality, Helena Dalli, on behalf of the European Commission, has declared that Greece's voluntary 'Diversity Mark' certification scheme does not appear to contravene EU anti-discrimination directives, while leaving data protection compliance to national authorities. The answer, given on 15 July 2026, addresses concerns raised by MEP Afroditi Latinopoulou (PfE) about the scheme's compatibility with EU law on equal treatment, data protection, and competition.
The Commissioner's response confirms that Directive 2000/78/EC and Directive 2006/54/EC allow positive measures to prevent or compensate for disadvantages linked to protected grounds, provided they respect proportionality as per Article 157(4) TFEU and relevant CJEU case law. The voluntary scheme, which assesses corporate practices on gender, age, nationality, and sexual orientation, is thus considered compatible. However, the Commission defers GDPR compliance questions to the Greek Data Protection Authority, which has competence to examine whether processing of sensitive data such as sexual orientation meets the regulation's requirements.
On competition concerns, the Commission notes that state aid schemes are subject to EU state aid rules under Article 107 TFEU, but Member States can impose conditions if they align with EU law and international obligations. The answer does not provide specific guidance on whether linking the certification to financing or investment advantages could distort competition, leaving that assessment to case-by-case scrutiny.
The response reaffirms the Commission's commitment to equality and diversity, referencing the renewed Union of Equality Strategies and cooperation with 27 Diversity Charters. It offers no concrete proposals or timelines for further action, instead emphasizing the role of national authorities in enforcement. The answer signals a permissive stance toward voluntary diversity initiatives, provided they respect existing legal frameworks, but places the burden of GDPR and competition compliance on Member States and their regulatory bodies.