Digital #3 Legislative focus

The Romanian Ministry of Economy and Digitalization (MEDAT) has proposed a new draft ordinance establishing a legal framework for state intervention to protect and maintain strategic economic capacities. The law defines “strategic interest companies” and sets criteria for identifying sectors critical to national security, including ICT, cybersecurity, and artificial intelligence. It introduces inter-institutional mechanisms for evaluating and designating strategic operators, allows the state to monitor and protect essential capacities, and grants preemptive rights for acquiring shares or assets of strategic companies, including those in financial difficulty or insolvency. The state has 30 days to exercise its preemption right.

After the public debate period (approximately 10 days), the Government is expected to adopt this ordinance, whether in the proposed form or updated following the recommendations from the involved companies.

Companies in the digital and telecom sectors, especially those involved in cybersecurity, AI, and critical ICT infrastructure, may be subject to state monitoring, intervention, or acquisition if deemed strategic. This could affect mergers, acquisitions, or investment plans and require compliance with reporting or operational continuity requirements.

Monitor of the final form of the ordinance, review company operations for strategic relevance, prepare continuity plans, and be ready to cooperate with monitoring and potential preemption procedures.

At the same time, MEDAT has also proposed a draft ordinance to align e-signature legislation with the EU eIDAS2 Regulation. It clarifies the legal framework for different types of electronic signatures, establishes uniform rules for acceptance by public authorities, and simplifies access to trust services and remote identification. It expands the scope of Law 214/2024 to include electronic distribution services, website authentication, electronic archiving, devices for creating signatures and seals, electronic registers, and signed electronic documents. MEDAT becomes the regulatory authority, while the Romanian Authority for Digitalization (ADR) retains supervisory duties, including certificate management, service provider registration, and archiving obligations.

In this case as well, following the public debate period, the ordinance will be adopted by the Executive (with or without further modifications proposed by the affected companies).

Companies using electronic signatures, remote authentication, or providing trust services must comply with updated certification, registration, and archival requirements. Private service providers must ensure proper application of qualified or advanced electronic signatures and maintain technical measures aligned with evolving European standards.

Monitor of the final form of the ordinance, review electronic signature usage, register with ADR where necessary, implement technical compliance measures, and prepare for 2026 deadlines on certification, archiving, and standardization.

In the last part of March, the Government updated consumer protection rules for distance contracts, online financial services, and sustainable products. Already published in the Official Gazette, the ordinance transposes EU Directives 2023/2673 and 2024/825 and prohibits misleading commercial practices. Producers and sellers must provide clear, transparent information about costs, contract terms, product features, software updates, environmental impact, durability, and repairability. Labels must be standardized, accurate, and certified for durability or repairability. Companies must inform consumers of software updates affecting functionality and avoid false claims about sustainability or green certifications. Consumers have a 14-day withdrawal right for distance contracts, without penalties.

The ordinance has already reached the Parliament for approval, with the Senate yet to send it to the relevant committees for the start of the debates.

Digital companies must ensure product labeling, update notifications, and sustainability claims meet transparency and certification standards. Non-compliance may lead to penalties and reputational risk.

Update product information, labeling, and software update channels; verify environmental and durability claims; and comply with March, June, and September 2026 transition deadlines.

The Romanian Senate rejected a legislative proposal introducing a temporary contribution on revenues from digital intermediation by large platforms operating in Romania. The proposed tax would have applied regardless of the platform’s legal form or fiscal residence, with the rate set at 2% of gross transaction-based revenues in Romania. Large digital platforms with global revenues exceeding €750 million and Romanian intermediation revenues above the threshold would have been required to calculate and pay the contribution quarterly.

Despite this initial rejection, the proposal will now be debated in the decisional forum of the Chamber of Deputies. However, we do expect the deputies to also reject it.

If it passed the vote of the deputies, international digital platforms providing services in Romania would face an additional 2% tax on Romanian transaction revenues, affecting pricing, local operations, and compliance structures.

Monitor Romanian legislative developments, as future digital services taxation could emerge in line with OECD Pillar 1 or EU digital taxation initiatives. Internal accounting and reporting systems should be prepared for potential future obligations.

A legislative initiative proposed by USR, UDMR, and PSD to mandate reparability labels for electrical and electronic equipment was withdrawn by its initiators. Under the proposed rules, producers and importers would have been required to calculate a reparability index for each product and transmit this information electronically and free of charge to distributors and sellers. Sellers would have had to display the index visibly at points of sale and online, with color-coded labels ranging from red (low reparability) to dark green (high reparability).

Had it passed, producers, importers, and sellers of electronic equipment would have faced obligations to calculate, communicate, and display reparability indices, affecting product design, labeling, and sales processes. Non-compliance could have led to fines of 5,000–50,000 lei enforced by the National Consumer Protection Authority (ANPC).

Monitor future developments in EU and Romanian regulations on reparability labeling and sustainable product disclosure, as similar requirements may re-emerge.