The e-commerce market in Romania is growing rapidly, attracting the attention of both local and foreign entrepreneurs. In our previous posts, you could learn, among other things, how the German and French e-commerce markets operate. As members of the European Union, these countries are obligated to comply with a number of regulations established by the EU authorities. Romania is no exception; successfully conducting online business in the local market requires meeting specific formal and legal requirements. Online entrepreneurs should familiarize themselves with the obligations arising from the GDPR and EU directives. To facilitate this process, the most important legal aspects related to consumer protection in Romania are discussed below.

Information obligations

Concluding distance or off-premises sales contracts is regulated by three key legal acts: the Civil Code of 17 July 2009 (No. 287/2009), the Consumer Code of 28 June 2004 (No. 296/2004), and the EU Directive 2011/83. One of the most important obligations under this directive is to provide consumers with clear and understandable information before concluding the contract. Sellers must comprehensively define the characteristics of the products or services offered, which means specifying the terms of payment, delivery, and order fulfillment. Furthermore, consumers must be informed of their right to withdraw from a distance contract within 14 days of receiving the goods.

Pricing information for products offered for sale, including both the total price and the unit price, is particularly important for providing accurate consumer information. A unit price is the price for a specific measure or quantity of a product (e.g., per liter, kilogram, meter), allowing consumers to gain a more complete understanding of its true value and compare offers. Furthermore, under the Omnibus Directive, in the case of a product on sale or discount, the seller must inform consumers of the lowest price for that product within the last 30 days before the discount was introduced.

Importantly, the application of Article 6a(5) of the aforementioned Directive may vary across Member States. For example, in Romania, if a price is reduced gradually and continuously, the previous price is deemed to be the price in force before the first reduction. This regulation is therefore different from that in Poland, where each reduction, even if part of subsequent promotions, must be treated as a separate one.

Personal data protection

Protecting consumers' personal data is another key element that online retailers must adhere to. These requirements are set by the EU General Data Protection Regulation (GDPR), which requires retailers to:

• Obtaining consent to the processing of personal data for marketing purposes,
• Informing consumers about what data is collected, for what purpose and how long it will be processed,
• Providing consumers with access to their data, the possibility of correcting and deleting it (the so-called right to be forgotten),
• Protecting data against unauthorized access and reporting data security incidents to the appropriate supervisory authorities.

Lack of compliance with the contract

In Romania, similarly to Poland, the liability period for non-conformity of goods with the contract is two years. However, there are differences regarding the presumption of non-conformity and the deadline within which the consumer must submit a claim. In Romania, the non-conformity of goods with the contract is assumed to have existed at the time of delivery if it became apparent within one year, while in Poland, it is assumed to exist within two years. The consumer should submit a complaint to the seller within 30 days of noticing it.

Disclosure obligations can be met by posting appropriate legal documents on the store's website, particularly the store's terms and conditions and privacy policy. These documents should be drafted by a local lawyer to ensure they are understandable to local consumers and fully comply with applicable regulations.

Form of business activity

The decision to expand into the Romanian market should be multifaceted and well-considered, so it's worth considering which legal solution will bring the most benefits. Entrepreneurs can continue selling within their existing operations in Poland or launch a new online business in Romania. The company registration process takes about a week and requires obtaining a tax identification number, thus reducing the costs of running a business for the seller.

Sales restrictions

The Romanian Ministry of Finance and Economics is the institution responsible for regulating the sale of certain types of goods. In Romania, as in other EU countries, the online sale of licensed products, such as pharmaceuticals or animal products, is strictly regulated due to the specific nature of these products, which can directly impact consumer health and safety. Ensure that the goods you offer comply with all national and EU requirements to avoid licensing issues that could prevent you from selling in the country.

Summary

Romania and the market available there are becoming increasingly attractive to entrepreneurs, but to be successful there it is necessary to comply with specific legal regulations.

These obligations mainly focus on ensuring transparency in e-commerce and compliance with consumer protection regulations that are the same for all EU Member States, including personal data protection regulations regarding distance selling.

Do you have questions about expanding into a foreign market or need professional legal advice? The ecommerce.legal team is here to help. Contact us by phone or email.