Romanian Order no. 225/2023 regarding the information of consumers by the economic operators that carry out online activity

Economic operators, which carry out the activity of marketing/provision of services in the online environment, have the obligation to inform consumers about its legal conditions, by displaying all the information on the basis of which it operates: the name of the legal entity; the unique registration code; the number in the register of the corresponding legal entities, from which the object/objects of activity are to be derived; the address of the headquarters and/or of the working point, where it actually carries out its activity; the series and number of all authorizations, endorsements, attestations, certificates, licenses necessary to carry out the activity, as well as their issuer.

Economic operators, which manage or are present on sales pages, online order taking and/or advertising of products and/or services, tourist services, marketing of tourist packages or plane tickets, etc, including e-commerce – e-commerce, are required to display the following information: name of the legal entity; unique registration code; number in the register of the corresponding legal entities, from which the object/is derived/the objects of activity; the address of the headquarters and/or of the working point, where they actually carry out their activity; the series and the number of all the authorizations, opinions, attestations, certificates, licenses necessary for the activity, the, and their issuer.

Economic operators who refuse to display information on the legality of the activity carried out will be delisted from the sales page, at the request of the authority.

Instructions for the granting of favorable treatment to undertakings which recognize the commission of an unfair commercial practice provided for in Romanian Law No 81/2022 on unfair business-to-business trading practices in the agricultural and food supply chain, of 20.10.2023

Throughout the thorough research, the parties involved have the opportunity to recognise the unfair commercial practice under review. Reduction of the amount of the fine is only possible on the basis of an express request made by the undertaking concerned. The request shall contain express, clear and unequivocal recognition of liability for the infringement. In order to be taken into account, the application for recognition must include the elements specified in the recognition form of violation of the law and be communicated at the latest, at the time of transmission of the view of the offender against the committed act.

In determining the amount by which the fine for recognition is reduced, the Competition Council considers the scope of recognition, as follows:

a) for full recognition of the act, a reduction between 10% and 15% of the level of the final fine, determined according to these instructions, may be granted;

b) for partial recognition of the act, a reduction between 1% and 9% of the level of the final fine, determined according to these instructions, may be granted.