Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years, with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the President promulgated Law No. 69 Amending and Supplementing Law No. 8/1996 on Copyright and Related Rights , therefore making online content-sharing service providers partially liable for copyright violations on their platforms.

Romania is a party to the Patent Cooperation Treaty (PCT).

There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. 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” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. Romania has transposed the Directive through several amendments of Law No. 8 of March 1996 on Copyright and Neighboring Rights, including the Government Emergency Order amending Law No. 8/1996 on copyright and related rights, Law No. 15/2019 amending Law No. 8/1996 on copyright and related rights, among others.

Copyright is not adequately enforced online in Romania. It is reported that online piracy remains a concern, with some notorious pirate sites allegedly hosted or registered in the country. Additionally, penalties for IP infringements are reportedly insufficient, hampering investigations and failing to deter further crimes. Law enforcement agencies often consolidate significant cases into criminal files for tax evasion. Furthermore, Romania lacks an effective and timely mechanism for rights holders to file takedown requests against online marketplaces and hosting platforms for infringing material. Adequate resources, including additional training for law enforcement, are needed to enhance enforcement quality.

Romania and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Romania ratified the Treaty on 1 February 2001, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.

Romania and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Romania ratified the Treaty on 1 February 2001, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.

Trade secrets are protected in Romania, especially by Law No. 11/1991 on combating unfair competition. In April 2019, Romania adopted Government Emergency Ordinance No. 25, which protects undisclosed know-how and business information (trade secrets) against unlawful acquisition, use, and disclosure in compliance with Directive (EU) 2016/943.
The law defines and protects trade secrets by reference to Law No. 11/1991 and information that is not generally known or easily accessible, which is valuable because it is secret and its owner has taken reasonable measures to ensure its secrecy. Protection covers its divulgation, acquisition and use without the owner's consent. Exceptions are specifically provided in certain cases and under clear conditions for:
- Exercising the right to freedom of expression;
- Revealing misconduct, wrongdoing or illegal activity;
- Disclosure by workers to their representatives as part of the legitimate exercise by those representatives of their functions.

It is reported that passive sharing is mandated in Romania, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

It is reported that Romania does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.

In Romania, Regulation 2019/452 is transposed by Law No. 164/2023 for the Approval of the Government Emergency Ordinance No. 46/2022. According to the law, FDI projects in designated areas of the economy whose value exceeds the EUR 2 million (approx. 2 million USD) threshold, or those that have an impact on national security or public order or present risks to them, are subject to the Government’s authorisation. The regime applies to investors from non-EU countries or to EU investors that non-EU persons directly or indirectly control. The sectors of the economy in which FDI is subject to the Government’s authorisation include the security of Romanian citizens and the community, critical infrastructure, information systems and communications systems.
The law has undergone several amendments in recent years, with the most recent changes introduced through Emergency Ordinance No. 108/2023 in November 2023. These amendments expand the scope of the FDI screening regime to include below-control investments where an investor gains "effective participation in the management" of the target. Additionally, a new filing fee of EUR 10,000 (approx. 10,000 USD) has been instituted for the screening process.

In accordance with Art. 2 of Decision No. 73 of the Supreme Council for National Defence, operations involving the acquisition of control over certain companies or assets, as well as economic concentration transactions established by law, are subject to analysis as provided in Art. 46 of Law No. 21/1996. This analysis also applies to economic concentration operations that could pose a threat to national security. According to Art. 3 of Decision No. 73, mergers potentially impacting national security require notification to the Supreme Council for National Defence. These notifications are specifically relevant to the following areas: a) Security of citizens and communities; f) Security of critical infrastructures; and g) Security of information and communication systems (Art. 2). According to Art. 4 of the Decision, the assessment of national security risks is carried out primarily by the national security system's structures and state authorities with direct responsibilities in the specified areas, following the provision of all necessary information and documents.

The definition of the “economic operator” in Art. 3 (1) of the Public Procurement Act has been amended and provides five specific categories of bidders who are allowed to submit an offer in a public procurement procedure in Romania, namely those which are established in (i) an EU Member State; (ii) a Member State of the European Economic Area (EEA); (iii) third countries which have ratified the World Trade Organisation Agreement on Government Procurement, to the extent that the awarded public procurement contract falls under the scope of Annexes 1, 2, 4 and 5, 6 and 7 to the European Union’s Appendix I to the respective Agreement; (iv) third countries which are in the process of joining the European Union, or in (v) third countries not covered by point (iii), but which are signatories to other international agreements by which the European Union is obliged to grant free market access in the field of public procurement.
Additionally, under recent amendments to the public procurement legislation introduced by Government Emergency Ordinance No. 25/2021, contracting authorities may exclude from tenders any natural or legal person from non-EU countries or from states that have not concluded commercial or pre-accession agreements with the European Union.

Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Romania, the Directive has been transposed with the Law No. 99/2016 on sectoral procurement.