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Decision no. 1308 dated 11/20/2002
STANDARDS
for the application of Law no.365/2002 on e-commerce
Chapter I: General provisions
Art.1.
For the use of these standards, the word law designates Law no. 365/2002 on e-commerce.
Art. 2.
On Romania’s territory, the emission of electronic money instruments accepted as payment by other entities besides the issuer is done in agreement with the provisions of Rule no.4/2002 of the National Bank of Romania.
Art. 3.
On Romania’s territory, the transactions made by means of electronic payment means and the relations between the participants in these transactions are done in agreement with the provisions of Rule no.4/2002 of the National Bank of Romania on the transactions carried out by means of electronic payment instruments and the relations between the participants in these transactions, published in Official Journal no. 503 dated July 12, 2002.
Art. 4.
The insurance activities, as part of the information society services, are carried out in Romania on the basis of the authorisation previously issued by the Insurance Monitoring Commission, in agreement with the provisions of Law no.32/2002, regarding the insurance and insurance monitoring companies, with the further on modifications.
Art. 5.
(1) The Authority as well as the public authorities, defined in art.17 paragraph (1) of the law, have the obligation to publish, for consultation, on their own web-page, the projects and measures of general interest regarding the information society services they initiate according to their competence in the matter.
(2) The projects and measures mentioned at paragraph (1) will be accompanied by documents on the motivations laying at the basis of the propositions as well as information on: the document publishing date, the dead line for making observations and the estimated date for the adoption of the measure that is the subject of the consultation.
(3) All those having required the introduction of their e-mail address on the correspondence list of the initiator of the respective measure or project will be informed on the launching of the consultation at the document publication date at the latest.
(4) From the moment the text subject to consultation is published on the Internet page, any interested person is given at least 30 days to make observations in writing. When the measures must be adopted under emergency regime, this term is of at least 10 days from the date of the text publication.
(5) The measure or project under consultation can be adopted in 10 days after the observation deposition period has expired.
(6) At the latest at the date the decision to adopt the measure is published the initiator is bound to publish a synthesis material of the received observations also stating his (her) position to these observations.
Art. 6.
An entity created for the protection of consumers in the EU member states has the capacity to bring to action for actions mentioned in art.19 paragraph (1) of the law if it meets the following conditions cumulatively:
a) it is a public authority created for the protection of the collective interests of the consumers in a EU member state with attributions in the domains provided by the e-commerce law, according to the criteria specified in the national laws;
b) it is mentioned in the EC communication on the entities qualified to bring an action regarding the protection of the consumers’ interests in other EU members states, under the conditions of the European agreement setting up an association between Romania, on the one hand and the European Communities and their member states on the other, signed at Brussels on February 1, 1993, ratified by Law no.20/1993;
c) through the action or inaction against the e-commerce law provisions which is invoked in the legal action, the collective interests of the consumers in the state where the entity is part of, are affected.
Chapter II: Commercial communications
Art. 7.
(1) Commercial communications by e-mail are forbidden except for the case when the recipient previously expressed his express consent to receive such communications.
(2) The consent mentioned in paragraph (1) can be obtained in any form and can be proven by any proving means. The proving task belongs to the service provider.
(3) The consent communicated by a message sent by e-mail is valid only if the following conditions are met cumulatively:
a) it is sent from the mail box where the recipient wants to receive commercial communications;
b) the subject of the message is formed by the concatenation of the text “I ACCEPT COMMERCIAL COMMUNICATIONS FROM”, written with capitals and the name or denomination of the person on behalf of whom the commercial communications are sent.
Art.8.
(1) The subject of the messages sent by electronic mail, representing commercial communications, must begin with the word “ADVERTISING” written in capitals.
(2) The commercial communications must include at least the following information on the person on behalf of whom they are made:
a) full name or denomination;
b) residence or headquarters;
c) telephone and fax numbers
d) e-mail address.
Art.9.
(1) The recipient of the commercial communications has the right to revoke his (her) consent to receive such communications by simply notifying the provider.
(2) The provider is bound to implement a free of charge procedure, accessible including by electronic means, by means of which the recipient may revoke his (her) consent.
(3) Revoking the consent by electronic means must be effective in 46 hours at the most from its initiation.
(4) The provider must make the procedure mentioned in paragraph (2) public on his (her) own Internet page and within the messages including commercial communications.
Chapter II: Information and activity character
Art.10.
(1) The Authority will create and maintain a public list containing the decisions of the public authorities on the illegal character of certain information and services in the domain of information society services.
(2) The public authorities issuing decisions on the illegal character of certain information and services in the domain of information society services are bound to send a copy of that decision to the Authority. The Authority will publish de decision on its own Internet page and on the list provided by paragraph (1).
Art.11.
(1) The service providers of information society services offering the services provided for by arts. 12 to 15 of the law are not bound to monitor the information they send or store and are nor bound to actively search for data regarding apparently illegal activities or information in the domain of information society services that they supply.
(2) The obligations provided for by art.16 paragraph (1) and (3) of the law are considered as fulfilled if the service providers having received a complaint or claim from any person regarding apparently illegal activities carried out by the recipients of his (her) services or regarding apparently illegal information supplied by those, notifies in 24h at the latest, the competent public authorities and take all the measures not to alter the respective information.
(3) The service providers have the obligation to implement a free of charge procedure by means of which complaints or claims may be sent to them from any person regarding the apparently illegal activities carried out by the recipients of their services or regarding apparently illegal information supplied by those.
(4) The procedure mentioned in paragraph (3) must:
a) be available by electronic means also;
b) ensure the receipt of complaints or claims within 48h at the most from the moment of they were sent.
(5) The provider is bound to make the procedure provided for by paragraph (3) public on his (her) own Internet page.
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