RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RWANDA
Since July 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law No. 055/2024 on the Protection of Intellectual Property
Law No. 055/2024 on the Protection of Intellectual Property provides a framework for the effective protection of trade secrets. According to Art. 276, any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition, or use by others of secret information without the consent of the rightful holder and in a manner contrary to honest commercial practices constitutes an act of unfair competition. Under Art. 277 of the Law, an intellectual property owner harmed, or likely to be harmed, by an act of unfair competition has the right to initiate civil proceedings before the competent court or to request the cessation of such an act where, through an act contrary to honest industrial and commercial use, a manufacturer, trader, producer, or craftsman damages his or her credibility, takes away his or her customers, or harms his or her capacity for competition. Furthermore, as specified in Art. 380, any person who performs an act of unfair competition with respect to intellectual property commits an offence. Upon conviction, he or she is liable to a fine of not less than FRW 7,000,000 (approx. USD 5,300) but not more than FRW 10,000,000 (approx. USD 7,600).
Coverage Horizontal
ROMANIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Romania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
ROMANIA
Since June 2014
Since December 2007
Since December 2007
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law No. 363/2007 on Unfair Commercial Practices of Traders in Relation to Consumers and Harmonising the Regulations with the European Legislation on Consumer Protection (Lege nr. 363 din 21 decembrie 2007 privind combaterea practicilor incorecte ale comercianților în relația cu consumatorii și armonizarea reglementărilor cu legislația europeană privind protecția consumatorilor)
Law No. 363/2007 on Unfair Commercial Practices of Traders in Relation to Consumers and Harmonising the Regulations with the European Legislation on Consumer Protection (Lege nr. 363 din 21 decembrie 2007 privind combaterea practicilor incorecte ale comercianților în relația cu consumatorii și armonizarea reglementărilor cu legislația europeană privind protecția consumatorilor)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law No. 363/2007 on unfair commercial practices of traders in relation to consumers and harmonising the regulations with the European legislation on consumer protection.
Coverage Horizontal
ROMANIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Romania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ROMANIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Romania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ROMANIA
Since June 2000
Since June 2002, as amended in November 2006
Since June 2002, as amended in November 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
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 harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20231207050328/https://legislatie.just.ro/Public/DetaliiDocument/37075
- https://web.archive.org/web/20240818081255/https://wilmap.stanford.edu/entries/law-no-3652002-electronic-commerce
- Show more...
ROMANIA
Since June 2000
Since June 2002, as amended in November 2006
Since June 2002, as amended in November 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
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 harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20231207050328/https://legislatie.just.ro/Public/DetaliiDocument/37075
- https://web.archive.org/web/20240818081255/https://wilmap.stanford.edu/entries/law-no-3652002-electronic-commerce
- Show more...
ROMANIA
Since April 2019
Since March 1996, as amended in March 2022
Since March 1996, as amended in March 2022
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Law No. 8 of March 1996, on Copyright and Neighboring Rights (Legea nr. 8 din 14 martie 1996 privind dreptul de autor și drepturile conexe)
Law No. 8 of March 1996, on Copyright and Neighboring Rights (Legea nr. 8 din 14 martie 1996 privind dreptul de autor și drepturile conexe)
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.
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.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20221128085743/https://legislatie.just.ro/Public/DetaliiDocument/253526
- https://web.archive.org/web/20220323002854/https://www.create.ac.uk/cdsm-implementation-resource-page/
- Show more...
ROMANIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2002, as amended in June 2022
Since August 2005
Since July 2002, as amended in June 2022
Since August 2005
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Audiovisual Law No. 504/2002 (Legea audiovizualului Nr. 504/2002)
Ordinance No. 39 of July 14, 2005 (Ordonanta nr. 39 din 14 iulie 2005)
Audiovisual Law No. 504/2002 (Legea audiovizualului Nr. 504/2002)
Ordinance No. 39 of July 14, 2005 (Ordonanta nr. 39 din 14 iulie 2005)
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. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. 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, the EU Directive was transposed into domestic law through the amendment of the Audiovisual Law of June 2022 (Law No. 190 of June 28, 2022). According to Art. 23 of the Law, providers of on-demand audiovisual media services in Romania are required to allocate at least 30% of their catalogues to European works, thereby ensuring their effective promotion. Promotion strategies may encompass dedicated sections on the homepage, enhanced search functionality, and marketing campaigns that feature European works. The Member State of jurisdiction is responsible for enforcing compliance when the provider operates multiple national catalogues. However, this obligation does not apply to providers with a turnover below EUR 2 million.
Furthermore, Art. 13 of Ordinance No. 39 of 14 July 2005 establishes the financial requirements applicable to VOD service providers to ensure they possess the necessary financial means for the development of cinematographic activity, as well as to fulfil the functions of the National Cinematography Centre.
In Romania, the EU Directive was transposed into domestic law through the amendment of the Audiovisual Law of June 2022 (Law No. 190 of June 28, 2022). According to Art. 23 of the Law, providers of on-demand audiovisual media services in Romania are required to allocate at least 30% of their catalogues to European works, thereby ensuring their effective promotion. Promotion strategies may encompass dedicated sections on the homepage, enhanced search functionality, and marketing campaigns that feature European works. The Member State of jurisdiction is responsible for enforcing compliance when the provider operates multiple national catalogues. However, this obligation does not apply to providers with a turnover below EUR 2 million.
Furthermore, Art. 13 of Ordinance No. 39 of 14 July 2005 establishes the financial requirements applicable to VOD service providers to ensure they possess the necessary financial means for the development of cinematographic activity, as well as to fulfil the functions of the National Cinematography Centre.
Coverage On-demand audiovisual services
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231116010756/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230328184528/https://legislatie.just.ro/Public/DetaliiDocument/37503
- https://web.archive.org/web/20231202090158/https://legislatie.just.ro/Public/DetaliiDocumentAfis/256901
- https://web.archive.org/web/20221027222123/https://legislatie.just.ro/Public/DetaliiDocument/63969
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- Show more...
ROMANIA
Since June 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Law No. 163 of 11 June 2021 on the Adoption of Measures on Information and Communication Infrastructures of National Interest and Conditions for the Deployment of 5G Networks (Lege nr. 163 din 11 iunie 2021 privind adoptarea unor măsuri referitoare la infrastructuri informatice și de comunicații de interes național și condițiile implementării rețelelor 5G)
In 2021, the Romanian government approved Law No. 163 of 11 June 2021 on the adoption of measures on information and communication infrastructures of national interest and conditions for the deployment of 5G networks, requiring suppliers to have approval from the Supreme Council of National Defence (CSAT) to sell 5G equipment (Art. 3). The legislation states that equipment from untrusted vendors must be replaced by 2026 (core network) and 2028 (RAN equipment). To provide 5G equipment in Romanian mobile networks after 2026 (Core) / 2028 (RAN), the vendor must apply to the Supreme Council of National Defence (CSAT) for approval. It is reported that from 2021 until 2024, Huawei chose not to apply for such a permit. Given that Huawei has not received CSAT approval, Romanian telecom companies would have to remove all Huawei products from their networks within five to seven years, and the major Chinese firm is excluded from taking part in the development of the 5G network.
Coverage Chinese telecommunications providers
Sources
- https://web.archive.org/web/20231128184321/https://legislatie.just.ro/Public/DetaliiDocument/243213
- https://web.archive.org/web/20210618092145/https://www.reuters.com/business/media-telecom/romanian-president-signs-bill-into-law-ban-huawei-5g-2021-06-11/
- https://web.archive.org/web/20240429092145/https://strandconsult.dk/huawei-banned-in-romania-here-are-15-facts-huawei-doesnt-want-you-to-know/
- Show more...
ROMANIA
Since June 2016
Since January 1991
Since April 2019
Since January 1991
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law No. 11/1991 (Fighting Against Unfair Competition) (Legea nr. 11/1991 privind combaterea concurenţei neloiale)
Government Emergency Ordinance No. 25/2019 (Ordonanță de urgență nr. 25 din 18 aprilie 2019)
Law No. 11/1991 (Fighting Against Unfair Competition) (Legea nr. 11/1991 privind combaterea concurenţei neloiale)
Government Emergency Ordinance No. 25/2019 (Ordonanță de urgență nr. 25 din 18 aprilie 2019)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231217080949/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20230528024500/https://www.wipo.int/wipolex/en/legislation/details/8482
- https://web.archive.org/web/20221223131923/https://legislatie.just.ro/Public/DetaliiDocumentAfis/212998
- Show more...
ROMANIA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
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.
Coverage Telecommunications sector
ROMANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
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.
Coverage Telecommunications sector
