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.

It is reported that issues of transparency, competition, and efficiency persist in Romania's procurement processes, particularly affecting foreign bidders. Concerns include overly narrow definitions of tenders and implicit biases favouring local vendors and state-owned enterprises.

Romanian laws and regulations ensure equal treatment for foreign investors, and there are no restrictions on foreign ownership in commercial enterprises.

Portugal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Art. 4 of the Decree-Law No. 262/1986 and Art. 40 of the Decree-Law No. 403/1986 establish that, as a general rule, foreign companies that wish to exercise their activity in Portugal for more than one year must establish a "permanent representation" (i.e. registered office, central administration or principal place of business within host country - Portugal - or in a European Union country) in the country and comply with the provisions set forth under Portuguese law in relation to commercial registration.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Decree-Law No. 24/2014, regulating distance sales contracts and Decree-Law No. 166/2013, approving the regime of the individual restrictive commercial practices.

Portugal has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Portugal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

In May 2023, Portugal's Cybersecurity Council (CSSC) reportedly issued a resolution prohibiting the use of Chinese technology, including Huawei's equipment, in the nation's 5G and 4G networks, citing national security concerns. Subsequently, in September 2023, Huawei initiated legal proceedings in a Lisbon court to contest the resolution issued by the CSSC.

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 Portugal, the EU Directive was transposed into domestic law through the amendment of the Television and Audiovisual On-Demand Services Law of November 2020 (Law No. 74/2020). According to Art. 45.2 of the Act, on-demand audiovisual service operators must ensure that European works comprise at least 30% of their catalogues, giving prominence to such works and allocating at least half of that percentage to independently produced European creative works originally in Portuguese and produced within the last five years.
Furthermore, according to Art. 14-A of Law 55/2012, television service operators, on-demand audiovisual service operators, distributors of cinematographic works, and videogram publishers in Portugal are required to allocate a portion of their investment expenditure to the development, production, and promotion of European and Portuguese-language works, as well as independently produced works. This investment obligation is calculated based on their relevant income from various audiovisual services, allowing for flexibility in selecting specific projects. Small operators may be exempt from these requirements based on their revenue and market share.

According to Art. 19.6 Decree-Law No. 398/1998, non-resident suppliers are generally required to register for Value Added Tax in Portugal if they sell goods or supply services to private customers. Only non-EU resident companies must appoint a resident tax representative for Value Added Tax registration.

It is reported that the government owns 100% shares of Refer Telecom - Serviços de Telecomunicações S.A., which offers telecommunication services such as high-speed internet, fixed and mobile telephony, and cable television, among others. In addition, the government owns 51.1% of RENTELECOM-Comunicações, S.A. The company offers telecommunications services, including Internet, telephony, and television. Furthermore, it is reported that the State owns 100% of EMACOM - Telecomunicações da Madeira, Unipessoal, which offers telecommunications services, including fixed and mobile telephony, internet, and television. Finally, the government of Portugal owns 51% of MINHOCOM and Valicom, both of which offer planning, design, implementation and maintenance services for telecommunications infrastructures, as well as project management and consulting in the area.