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Trading restrictions

ROMANIA

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
The European de minimis threshold for import duties is harmonized. Goods with a value of up to 128 SDR / 150 EUR / 186 USD are exempted from customs duties. The VAT de minimis threshold is not harmonized within the EU and can vary between 10 and 22 EUR, i.e. Member States can decide on a value within this range to grant an exemption on VAT for imported goods.

According to Romania's de minimis rule, goods with a value of up to 17 SDR / 22 EUR / 29 USD are exempted from VAT.
Coverage Horizontal
Trading restrictions

ROMANIA

n/a

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
High rate of cybercrime
It is reported that Romania has a very high rate of cyber crime which hampers e-retail. The most common problems result from the use of stolen credit card numbers for the purchase of goods online, fraudulent use of online auction platforms, sophisticated phishing schemes and the hacking into companies' servers and stealing proprietary information, including customer credit card data.
Coverage E-retail
Trading restrictions

ROMANIA

Reported in 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
EU Directive on Audiovisual Media Services (AVMS)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13 of the Directive imposes on Member States the obligation to ensure that on-demand service providers promote European works, despite there is no explicit content quota. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.

In Romania, Article 13 has been implemented via two obligations:

- Video-on-Demand (VOD) providers have to reserve a share of European works in their catalogue;
- VOD providers have to use promotion tools which give prominence to European works such as indicating the country of origin in the catalogue.
Coverage On-demand audiovisual services
Sources
Restrictions on data

ROMANIA

Reported in 2010

Chapter Content access  |  Sub-chapter Bandwidth, net neutrality
Blocking and extra charging
The Body of European Regulators for Electronic Communications (BEREC) found evidence of blocking or charging extra for the provision of VoIP services in mobile networks by certain mobile operators in Romania.
Coverage VoIP services
Restrictions on data

ROMANIA

Since March 2014

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
European Court of Justice ruling - Case C-314/12 "UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega
Filmproduktionsgesellschaft mbH"
The European Court of Justice has interpreted in 2014 that Internet Service Providers (ISPs) may be ordered by national courts to block customer access to a copyright-infringing website. This ruling aims to limit online piracy.

In Romania, the regulation allows for IP blocking of gaming sites without a license. The regulator has blacklisted 48 operators (full list available at http://www.onjn.gov.ro/home/lista-neagra) and has instructed all internet service providers to block access to their websites.
Coverage Internet service providers

Online gambling
Restrictions on data

ROMANIA

Since 2002

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Directive 2000/31/EC (e-Commerce Directive)

Law on Electronic Commerce
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. The Directive covers any type of infringement of third-party rights, including intellectual and industrial property rights and personality rights.

The limitations on liability in the Directive apply to clearly delimited activities (mere conduit, caching and hosting) carried out by internet intermediaries, rather than to categories of service providers or types of information. While it was not considered necessary to cover hyperlinks and search engines in the Directive, the Commission has encouraged Member States to further develop legal security for Internet intermediaries.

Since not all Member States have transposed the relevant articles consistently, the national case law is divergent and leads to legal insecurity on an EU level.

In Romania, the Law on Electronic Commerce establishes a series of exceptions from liability following the EU Directive. However, the term “liability of intermediary service providers” has been transposed as “liability of service providers”. This creates a legal uncertainty in relation to determining who qualifies for benefiting from the legal exoneration from liability.
Coverage Internet intermediaries
Restrictions on data

ROMANIA

Since December 2001

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Law on the protection of individuals with regards to the processing of personal data and the free movement of such data (Data protection Law)
In Romania, any transfer of personal data to any state requires prior notification to the National Supervisory Authority for Personal Data Processing (NSAPDP). Moreover, any transfer of personal data to a recipient state not offering an adequate level of protection needs prior approval.
Coverage Horizontal
Restrictions on data

ROMANIA

Since 2015

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Law No. 124 from May 2015, regarding the approval of the Government Emergency Ordinance no. 92/2014 regulating fiscal measures and modification of laws
In Romania, the game server must store all data related to the provision of remote gambling services, including records and identification of the players, the stakes placed and the winnings paid out. Information must be stored using data storage equipment (mirror server) situated on Romanian territory.
Coverage Gambling sector
Establishment restrictions

ROMANIA

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Ordinance No. 194
For intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS), there are limitations of stay for of 90 days with extension of one year.
Coverage Horizontal
Sources
Establishment restrictions

ROMANIA

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Ordinance No. 194, Article 44 and 48
For contractual service suppliers (CSS) and independent service suppliers (ISS) from outside the EU, there are labour market tests. Foreign workers may be employed when the employment in vacant positions cannot be ensured out of local resources. The law for labour market tests also applies for intra-corporate transferees (ICT).
Coverage Horizontal
Sources
Establishment restrictions

ROMANIA

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Ordinance No. 194, Article 5
For intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS), there are quotas for citizens of non-EU member states. There is a limited number of total work permits available regardless of industry/activity, which is set yearly.
Coverage Horizontal
Sources
Establishment restrictions

ROMANIA


Chapter Competition policy  |  Sub-chapter Competition
Government ownership of incumbent
The Rumanian State owns a minority share of 46% of Telekom Romania (formerly known as Romtelecom), the telecommunications incumbent operator.
Coverage Telecommunication sector
Establishment restrictions

ROMANIA


Chapter Competition policy  |  Sub-chapter Competition
Local loop unbundling
Romania telecommunications market is liberalized and open to competition. The incumbent operator Telekom Romania (formerly known as Romtelecom), owns the last mile infrastructure.
Coverage Telecommunication sector
Establishment restrictions

ROMANIA

Reported in 2014

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright inadequately enforced
It is reported that piracy remains widespread in Romania.
Coverage Horizontal
Establishment restrictions

ROMANIA

Since 2007

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Directive 2001/29/EC (The Copyright Directive)

Romanian framework law on copyright and related rights, Law no. 8/1996
In the European Union, there is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principle in the US. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test”. This is a clause in the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.

Romania established provisions in terms of limitations and exceptions and it also transposed the fundamental principle in the field the three-step test.
Coverage Horizontal