The Legal 500

Author - Roxana Ionescu and Ovidiu Balaceanu

1. Legislation

1.1 Name/title of the law

Author - Alina Vizitiu

As of December 27, 2011, Emergency Government Ordinance 111/2011 regarding electronic communications - published in the Official Gazette, Part I, n0. 925/27.12.2011 – represents the new normative act establishing the framework applicable in the electronic communications sector at national level. 

Author - Roxana Ionescu

With cloud computing gaining more and more momentum as compared with the more traditional alternatives for companies to deal with their software applications, data access and storage needs, inevitable questions arise in respect of how such data are actually managed and controlled in a cloud computing environment. 

Law 161/2010 amending Art. 84 of Law 296/2004 on the Consumer Code and Law 193/2000 on the abusive clauses of the contracts concluded between traders and consumers (“Law 161/2010”) was published in the Official Gazette no. 497 dated July 19, 2010.Law 161/2010 establishes an additional protection for the consumers – natural persons – against certain abuses that they may undergo from the traders, thus expressly regulating that:

Within Official Gazette no. 347 dated 26 May 2010 it was published the Decision of the National Authority for Management and Regulation in Communications (“ANCOM”) no. 338 dated May 4, 2010, related to the new general authorisation regime for the electronic communications providers (hereinafter „Decision no. 338/2010”).

The electronic payment of taxes is a relatively new and unknown opportunity for most citizens in Romania. Hence, as per the president of the Agency for Services of the Informational Society, dated September 2008, "although in Romania over 6 million persons have internet access and the banks have issued almost 10 million cards, the citizens still prefer the queues in front of the offices for the payment of taxes to public institutions and very few of them use the existing payment instruments".

The electronic payment of taxes represents a component of the concept of electronic government ("e-government"). This concept is regulated under Law no. 161/2003 regarding transparency in the administration of information and public service and it is put into practice by means of a special electronic system of national utility ("National Electronic System").