ROMANIA
Since May 2016, as amended in March 2021
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 98 of 2016 on Public Procurement Act (Lege No. 98 din 19 mai 2016 privind achiziţiile publice)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221007160500/https://www.advoc.com/news/advoc-news-feed-60
- https://web.archive.org/web/20220927181656/https://www.schoenherr.eu/content/romania-bidders-from-several-countries-will-be-excluded-from-public-procurement-tenders/
- https://web.archive.org/web/20211023121112/https://ro-ua.net/en/communication-en/news/1298-modification-of-the-romanian-national-legislation-in-the-field-of-public-procurement.html
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ROMANIA
Since March 2004, last amended in February 2014
Since May 2016, last amended in April 2023
Since May 2016, last amended in April 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law No. 99/2016 on Sectoral Procurement (Lege No. 99/2016 privind achiziţiile sectoriale)
Law No. 99/2016 on Sectoral Procurement (Lege No. 99/2016 privind achiziţiile sectoriale)
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.
In Romania, the Directive has been transposed with the Law No. 99/2016 on sectoral procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230924021201/https://www.obs.coe.int/en/web/observatoire/home/-/asset_publisher/9iKCxBYgiO6S/content/which-eu-countries-have-transposed-the-avmsd-into-national-legislatio...
- https://web.archive.org/web/20231008141351/http://anap.gov.ro/web/legea-nr-992016-privind-achizitiile-sectoriale/
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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ROMANIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public 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.
Coverage Horizontal
ROMANIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
Romanian laws and regulations ensure equal treatment for foreign investors, and there are no restrictions on foreign ownership in commercial enterprises.
Coverage Horizontal
ROMANIA
Since April 2022, last amended in November 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 164/2023 for the Approval of the Government Emergency Ordinance No. 46/2022 on Implementing the Measures of the Regulation (EU) 2019/452 for the Establishment of a Framework for FDI Screening in the EU, and on Amending the Competition Law No. 21/1996 (Lege pentru aprobarea Ordonanței de urgență a Guvernului nr. 46/2022 privind măsurile de punere în aplicare a Regulamentului (UE) 2019/452 al Parlamentului European și al Consiliului din 19 martie 2019 de stabilire a unui cadru pentru examinarea investițiilor străine directe în Uniune, precum și pentru modificarea și completarea Legii concurenței nr. 21/1996)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20240417161941/https://legislatie.just.ro/Public/DetaliiDocument/254239
- https://web.archive.org/web/20241109040224/https://investmentpolicy.unctad.org/investment-policy-monitor/176/romania
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ROMANIA
Since September 2012
Since April 1996
Since April 1996
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Supreme Council of National Defence Decision No. 73 (Hotărârea Consiliului Suprem de Apărare a Țării nr. 73)
Law No. 21 of April 10, 1996 on Competition (Legea concurenţei nr. 21 din 10 aprilie 1996)
Law No. 21 of April 10, 1996 on Competition (Legea concurenţei nr. 21 din 10 aprilie 1996)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220308143057/https://csat.presidency.ro/files/documente/Hotararea_CSAT_73_(2012).pdf
- https://web.archive.org/web/20230528024500/https://www.wipo.int/wipolex/en/legislation/details/8485
- https://web.archive.org/web/20240616093145/https://investmentpolicy.unctad.org/investment-laws/laws/263/romania-supreme-council-of-national-defence-decision-no-73
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ROMANIA
Since November 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Romania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
QATAR
Since August 2010, entry into force in September 2010
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Decree Law No. 16 of 2010 on the Promulgation of the Electronic Commerce and Transactions Law
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
Chapter 8 of the Electronic Commerce and Transactions Law establishes a comprehensive legal framework for consumer protection, expressly applicable to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251018152456/https://www.cra.gov.qa/-/media/System/A/2/B/A/A2BAC69B96EC540AB3FB4AAE348AF00F/2010-08-19-Decree-Law-No-16-ECommerce-and-Transactions-Law-unofficial-translat...
- https://web.archive.org/web/20251018152424/https://www.unescwa.org/sites/default/files/inline-files/ABLF-2023-consumer-CP-Qatar-english.pdf
- https://web.archive.org/web/20251018152513/https://unctad.org/page/cyberlaw-tracker-country-detail?country=qa
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QATAR
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
Qatar has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
QATAR
Since August 2010, entry into force in September 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Decree Law No. 16 of 2010 on the Promulgation of the Electronic Commerce and Transactions Law
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
Qatar has enacted national legislation, namely the Electronic Commerce and Transactions Law, which is derived from or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251018152456/https://www.cra.gov.qa/-/media/System/A/2/B/A/A2BAC69B96EC540AB3FB4AAE348AF00F/2010-08-19-Decree-Law-No-16-ECommerce-and-Transactions-Law-unofficial-translat...
- https://web.archive.org/web/20251024002347/https://eprints.lancs.ac.uk/id/eprint/83401/1/2016Abdulrahmanphd.pdf
QATAR
Since August 2010, entry into force in September 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Decree Law No. 16 of 2010 on the Promulgation of the Electronic Commerce and Transactions Law
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
مرسوم بقانون رقم (16) لسنة 2010 بإصدار قانون المعاملات والتجارة الالكترونية
Qatar has enacted national legislation, namely the Electronic Commerce and Transactions Law, which is derived from or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251018152456/https://www.cra.gov.qa/-/media/System/A/2/B/A/A2BAC69B96EC540AB3FB4AAE348AF00F/2010-08-19-Decree-Law-No-16-ECommerce-and-Transactions-Law-unofficial-translat...
- https://web.archive.org/web/20251024002347/https://eprints.lancs.ac.uk/id/eprint/83401/1/2016Abdulrahmanphd.pdf
QATAR
Reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
It is reported that Qatar permits self-certification for radio transmission equipment concerning electromagnetic interference (EMI) and electromagnetic compatibility (EMC) standards. Foreign manufacturers may demonstrate compliance through a Supplier’s Declaration of Conformity (SDoC), whereby the supplier or manufacturer affirms that the equipment satisfies the relevant technical and administrative requirements. Where testing is undertaken, the choice of laboratory remains at the discretion of the supplier or manufacturer. The Communications Regulatory Authority (CRA) accepts results issued by accredited testing and measurement bodies officially recognised by the Authority, a list of which is published on its website.
Coverage Electronic products
QATAR
N/A
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Reported licensing requirements for e-merchants
According to Qatar's eCommerce Portal, enterprises seeking to operate as e-merchants in Qatar must first register their business, domain name and trademarks. To engage in commercial activities within the country, all businesses, including e-merchants, are required to obtain a commercial registration.
Coverage E-merchants
QATAR
Since January 2015, last amended in 2025
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Unified Guide for Customs Procedures at First Points of Entry in the GCC Member States
الدليل الموحد للإجراءات الجمركية بمنافذ الدخول الأولى لدول الخليج
الدليل الموحد للإجراءات الجمركية بمنافذ الدخول الأولى لدول الخليج
The de minimis threshold, defined as the minimum value of goods below which customs duties are not levied, is SAR 1,000; however, its application is limited to business-to-consumer transactions and does not extend to business-to-business consignments. The threshold is specified in the "Unified Guide for Customs Procedures at First Points of Entry in the GCC Member States", which states that parcels and personal shipments with a declared value not exceeding SAR 1,000 are exempt from customs duties (this value is approximately equal to QAR 970 or USD 265).
Coverage Horizontal
Sources
- https://www.customs.gov.qa/English/Procedures/UnifiedGuide/Documents/الدليل%20الموحد%20للإجراءات%20الجمركية%20بمنافذ%20الدخول%20الأولى%20لدول%20ال...
- https://web.archive.org/web/20251023224546/https://www.customs.gov.qa/English/PassengersIndividualsPortal/Pages/IndividualsExemption.aspx
- https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1&qid_92=1
- https://web.archive.org/web/20250308002439/https://www.gcc-sg.org/en/MediaCenter/DigitalLibrary/Documents/1435652105.pdf
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QATAR
Reported in 2022, last reported in 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Reported licensing requirement for VoIP service providers
It is reported that the Government of Qatar requires providers of Voice over Internet Protocol (VoIP) services to obtain a licence; however, such licences are granted solely to companies intending to establish operations within Qatar. It is also reported that this requirement constitutes a significant barrier to entry for foreign or Internet-based service providers, with Ooredoo and Vodafone Qatar remaining the only authorised VoIP providers in the country, both being majority-owned by state-controlled entities.
Coverage Voice over Internet Protocol (VoIP) services
