The DSA gets a local touch as Romanian Law 50/2024 on DSA implementation becomes applicable starting today
In Romania, starting 22 March 2024, the Intermediary service providers and Online Platforms will face new regulatory obligations following the entry in force of Law 50/2024 on implementing Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC, commonly now as the Digital Services Act (DSA).
The DSA is applicable to all Intermediary service providers and online platforms starting 17 February 2024, but up to now, it has lacked implementation in Romanian law. We have previously described the new obligations under the DSA here: The DSA in a nutshell
Steps to follow:
- Find out if the DSA applies to you with our dedicated TOOL
- Inform the National Authority for the Management and Regulation
in Communications (ANCOM) no later than 45 days
after the beginning of service provision.
For intermediary service providers that already offer such services, this 45-days term elapses from the enactment of secondary legislation by the Romanian regulator, ANCOM. As of now, the secondary legislation is under public debate, but is expected to be enacted soon. Currently, ANCOM decisions on (i) information obligations incumbent to intermediary services providers and (ii) granting the status of trusted flaggers are under public debate.
New administrative responsibilities
Public authorities may issue to intermediary service providers under the DSA two types of orders:
- Orders to act against illegal content;
- Orders to provide information.
Further to receiving such order, the intermediary service provider must inform ANCOM no later than 10 days of its receipt and of the effect given to the order, specifying if and when effect was given to the order.
Supervision fees
The law also provides that ANCOM has the possibility to establish the obligation to pay a supervision fee for intermediary service providers established in Romania. The purpose of the supervision fee will be to cover the costs incurred by ANCOM in fulfilling the tasks related to the role as Digital Services Coordinator. This fee may be charged from 2027, if it is established by ANCOM decision.
Inspections and "dawn raids"
Under the DSA, ANCOM may inspect any premises of intermediary service providers. However, these dawn raids are reserve for exceptional cases and are subject to prior authorization by a judge.
Sanctions
Failure to comply with obligations under the DSA will lead to fines starting from 5 000 LEI (approx. 1000 EUR) and up to 6% of the global turnover. At the earliest, sanctions can be applied starting mid-April. As a novelty, the ANCOM minutes on infringements and relevant sanctions can be concluded in electronic form and communicated to the infringer via the My ANCOM platform. Sanction minutes can be challenged in front of the competent courts in 15 days as of communication.
The enactment of the Romanian Law implementing the DSA marks a significant milestone for intermediary service providers, ensuring proper oversight and a clear regulatory framework.
The enactment of the Romanian Law implementing the DSA marks a significant milestone for intermediary service providers, ensuring proper oversight and a clear regulatory framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
