It is reported that the Autoritatea Naţională pentru Administrare şi Reglementare în Comunicaţii (ANCR), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

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

It is reported that passive sharing is mandated in Romania, and it is practiced 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 has the obligation to 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.

Trade secrets are protected in Romania, especially by Law No. 11/1991 on combating unfair competition. In April 2019, Romania adopted the Government Emergency Ordinance No. 25 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, to comply with Directive (EU) 2016/943.
The law defines and protects trade secrets by reference to the 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.

Romania has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Romania has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The rate of unlicensed software installation in the country was reportedly 59% in 2017 (above the 57% rate of Central and Eastern European countries), for an estimated commercial value of USD 151 million.

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, the Law No. 15/2019 amending Law No. 8/1996 on copyright and related rights, among others.

In case of mergers that may have an impact on national security, a notification to the Superior Council of National Defence is required. Sectors considered as impacting national security include: security of citizens, critical infrastructure, and IT and communications systems. However, to date, there are no cases of restrictions to mergers in the telecom or electronic communications sectors.

Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
In Romania, the legislation is represented by Government Emergency Ordinance no. 46/2022 for the implementation of Regulation 2019/452(GEO 46/2022), which, among others, define the concepts of foreign direct investments, new investments, and foreign investors.

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.

It is reported that the lack of transparency is a challenge for public procurement procedures in Romania, especially for foreign bidders, including with respect to overly narrow definitions of tenders, and implicit biases in favor of local vendors and state-owned enterprises.

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 which 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.

In June 2021, the administration of President Klaus Iohannis signed into law a bill that effectively bars Huawei and other Chinese telecommunications providers from taking part in the development of the country's 5G telecommunication networks, on security concerns. Telecom companies need “clearance” from the country’s Supreme Defense Council (CSAT) to provide technologies, equipment or software for critical infrastructure and 5G networks. 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.