Online company registration in Romania represented by incorporation documents, an international globe and a modern Bucharest office building

Online Company Registration in Romania: Electronic Signature and ONRC Filing

Online company registration in Romania is available for many founders, including non-residents. The filing can be submitted electronically or through an authorised representative, but a valid electronic signature is only one part of the route. The documents, signing authority, identity checks and ONRC platform requirements must also align.

Documents required for online company registration in Romania including identification, electronic signature, power of attorney and ONRC filing
Remote incorporation depends on coordinating the founder’s identification, electronic signature, power of attorney, company documents and ONRC filing.

This guide explains the online filing route for foreign individuals, overseas companies and Romanian founders. It focuses on the relationship between electronic signatures, filing authority, documents and the National Trade Register Office platform. For the broader choice of entity, capital and corporate structure, see our company formation in Romania guide.

Can you register a Romanian company online?

Often yes, but online registration is not the same as an automatic paper-free process. The ONRC application can be filed electronically, while foreign-document formalities, identity verification, representation and bank onboarding may follow separate rules.

Romania’s National Trade Register Office online portal offers services including company-name reservation and incorporation. Law No. 265/2022 also regulates online company formation and electronic communication with the Trade Register.

Under Article 105 of Law No. 265/2022, the registrar may exceptionally request physical presence if there is a suspicion of identity falsification. The same provision states that physical presence is not required when the incorporation application and supporting documents, including the articles of association, were prepared by a public notary or lawyer. If presence is exceptionally requested during online formation, the remaining stages may still be completed electronically.

StageCan it be handled remotely?Important qualification
Name reservationNormally yesThe proposed name must satisfy Trade Register availability and naming rules.
Preparation of incorporation documentsYesThe documents must reflect the chosen structure, activities, management and registered office.
Signing and representationOften yesThe route may use a qualified electronic signature or a compliant power of attorney, depending on the document and filing method.
Trade Register filingYesElectronic filing must meet the portal’s technical and signature requirements.
Bank account onboardingBank-dependentBanks apply their own know-your-customer, beneficial-owner and risk procedures.
Sector permitsDepends on the activityRegulated activities may require separate authorisations before or after incorporation.

What are the steps for remote company formation in Romania?

The legal sequence is straightforward, but the filing route should be chosen before documents are signed. Select each step below to see its practical purpose.

Online filing roadmap
From signature to registration

Select a step to review what must be resolved before the next stage.

Confirm the structure

Choose the company type, shareholders, directors, activities, decision rules and capital before preparing the filing documents.

  1. Confirm the company structure. Decide the entity type, ownership, administrators, business activities and signing authority. An SRL is common, but it should not be selected automatically when investment, governance or regulated activities require another structure. See our 2026 guide to Romanian limited liability companies.
  2. Reserve the company name. Submit alternatives that comply with the Trade Register rules. Our separate guide explains how to register a company name in Romania.
  3. Establish the registered office. Every Romanian company needs a valid registered office and supporting title to use the address. For the documents commonly used in an incorporation file, see our foreign-founder document checklist.
  4. Prepare, formalise and translate the documents. Coordinate the articles of association, identity or corporate records, declarations, beneficial-owner information, office evidence and powers of attorney. Foreign public documents may require apostille, legalisation or an applicable exemption, depending on the issuing state, bilateral treaties, EU legislation and the nature of the document, followed by an authorised Romanian translation where required.
  5. Sign and file through the selected route. If the electronic filing route is used, the signature and submission must satisfy the applicable ONRC technical and procedural requirements. A properly authorised representative may provide an alternative route, provided that the authority granted complies with the requirements applicable to the filing.
  6. Complete post-registration onboarding. After incorporation, organise accounting, tax registrations or options, bank onboarding, employment setup and any permits required for the actual activity.

Which documents do foreign founders usually need?

The exact file depends on whether the shareholder is an individual or a foreign company, the founder’s country, the administrators, the registered office and the intended activities. Do not sign foreign documents until their Romanian formality and translation route has been checked.

Founder or issueTypical documents or informationRemote-formation check
Foreign individual shareholderValid identity document, personal details, declarations and specimen/signing information as applicableConfirm legibility, validity, signature method and whether additional identification evidence is required.
Foreign corporate shareholderRecent company extract, constitutional documents, representation evidence and corporate approvalConfirm issue date, competent signatory, apostille or legalisation and Romanian translation.
AdministratorIdentity data, acceptance and statutory declarationsCheck eligibility, tax-identification implications and the signing route.
Company constitutionArticles of association specifying ownership, management, activities, capital and governanceAlign every translated or signed version. See our articles of incorporation guide.
Registered officeDocument proving the right to use the Romanian address and any required supporting recordsConfirm permitted use, term and consistency with the filing.
Beneficial ownerBeneficial-owner information and any declaration required under the legislation applicable at the time of filingTrace the ownership chain and identify the natural persons who ultimately own or control the company.
RepresentativePower of attorney or lawyer’s authority, depending on the routeMatch the scope, form and authentication requirements to the acts the representative will perform.

Do founders need a qualified electronic signature?

A qualified electronic signature may support electronic filing, but its legal validity does not, by itself, make it sufficient for every ONRC submission. A founder may instead use a properly authorised representative, provided that the power of attorney complies with the form requirements applicable to the specific filing and the jurisdiction where it is executed.

The signature route should be tested before execution. Romania’s framework includes Law No. 214/2024 on electronic signatures and trust services, while the Trade Register procedure is governed specifically by Law No. 265/2022 and the portal’s filing requirements. The availability of electronic filing depends not only on the legal validity of the electronic signature but also on the technical and procedural requirements imposed by the National Trade Register Office.

Remote identity checks may also involve regulated identification services. The Romanian Authority for Digitalisation publishes information on remote identification by video means, but the availability and acceptance of a particular method still depend on the institution and transaction.

Is a Romanian notary always required?

No. Notarial involvement is not a universal requirement for every remote Romanian incorporation. It may nevertheless be necessary or useful for a particular power of attorney, foreign public document, contribution, identity issue or transaction-specific formality.

The correct answer depends on the document, the country where it is issued and the chosen filing route. For foreign founders, the practical question is usually not “Do I need a notary for the company?” but “Which document, if any, needs notarisation, apostille or legalisation, and in which country?”

How long does remote incorporation take?

Romanian law provides a short decision period for a complete Trade Register application, but that is not a guaranteed end-to-end formation time. Document collection, foreign formalities, translations, corrections, registered-office arrangements and bank checks sit outside that narrow decision window.

Under Articles 105 and 107 of Law No. 265/2022, the registrar generally resolves complete applications on documents within one working day and, when the legal requirements are met, orders registration according to the statutory procedure. Procedural exceptions, requests for additional evidence or a need to remedy the file may affect this stage. The one-working-day period should not be advertised as the total time needed by a foreign founder.

If the file is incomplete or does not meet the legal requirements, Article 106 allows a remedy or completion period of up to 15 calendar days. The practical schedule should therefore separate:

  • preparation time for the corporate structure and registered office;
  • time for foreign documents, apostille or legalisation and translation;
  • the Trade Register review of a complete filing;
  • time needed to cure any filing defect; and
  • post-incorporation bank, accounting, tax and licensing steps.

Is the bank account part of the online incorporation?

No. Company registration and bank onboarding are separate processes. Incorporation by the Trade Register does not compel a bank to open an account remotely or remove its customer due-diligence requirements.

Each bank decides what identification, beneficial-owner, source-of-funds and business-model evidence it needs. Some institutions offer remote onboarding in eligible cases; others may request a video identification, additional documents or physical attendance. Founders should compare banking routes early, especially where the ownership chain is international or the activity carries heightened compliance risk. See our guide to opening a Romanian business bank account as a non-resident.

What most often delays a remote filing?

Common error 1

Signing before the route is confirmed. The founder signs documents that later require a different form, signature or authentication.

Common error 2

Using inconsistent identity or corporate data. Names, addresses, registration numbers or signatory capacities differ across extracts, translations and the articles of association.

Common error 3

Treating the bank as part of ONRC registration. The company is incorporated, but operations are delayed because bank onboarding was not planned separately.

Common error 4

Choosing activities without checking authorisations. A company may be registered while its actual regulated activity still requires a permit, approval or professional condition.

Remote formation checklist for a foreign founder

  1. Confirm the Romanian entity, ownership, administrators and business activities.
  2. Choose the online filing or legal-representation route before signing documents.
  3. Check each foreign document for issue date, apostille or legalisation and Romanian translation.
  4. Secure a compliant registered office and align the supporting document with the intended filing.
  5. Map the beneficial owners through the complete international ownership chain.
  6. Verify the signature and authority of every shareholder, administrator and representative.
  7. Submit one consistent, complete file through the National Trade Register Office route.
  8. Plan banking, accounting, tax and sector-specific compliance as separate workstreams.

The bottom line

Remote company formation in Romania is a workable route for many foreign founders, but it is not a single universal online form. The successful approach coordinates Romanian incorporation requirements with the founder’s home-country documents, a valid signing or representation route, registered-office evidence and separate post-registration onboarding.

Frequently asked questions

Can a foreigner open a company in Romania without travelling there?

Often yes. The filing can be completed electronically or through a properly authorised representative. The final route depends on the founder’s documents, their country of issue, the signing method, identity checks and the requirements of any bank or regulated authority involved after incorporation.

Does every foreign founder need a Romanian electronic signature?

No. A qualified electronic signature may support electronic filing, but acceptance also depends on the technical and procedural requirements imposed by the National Trade Register Office. Legal representation can provide another remote option, provided that the power of attorney satisfies the requirements applicable to the filing and place of execution.

Does a remote incorporation always require a notarised power of attorney?

No universal rule applies to every file. The required form depends on the representative’s acts, the document, the country of execution and applicable Romanian and international formalities. Some powers or foreign documents may require notarisation, apostille or legalisation; others may follow a different route.

Can the Romanian Trade Register ask a founder to appear in person?

Exceptionally, yes. Article 105 of Law No. 265/2022 permits a request for physical presence where there is a suspicion of identity falsification. The law also provides that presence is not required when the application and supporting documents, including the articles of association, were drawn up by a public notary or lawyer.

Is a Romanian bank account opened automatically after registration?

No. The Trade Register incorporates the company, while the chosen bank conducts its own onboarding and compliance review. Remote availability varies by bank and case, especially for non-resident founders, foreign corporate shareholders and complex beneficial-ownership structures.

How long does remote company formation in Romania take?

The registrar’s statutory decision period for a complete application is not the same as the total project time. Foreign-document formalities, translations, registered-office arrangements, corrections and bank onboarding can extend the schedule. A realistic estimate requires review of the specific founders and documents.

Planning to establish a Romanian company remotely?

Atrium Romanian Lawyers assists foreign individuals and international companies with structuring, document preparation, powers of attorney, Trade Register filings and coordinated post-incorporation steps.

Discuss your remote formation route

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.

Commercial lease agreement in Romania with office key and floor plan

Commercial Lease Agreement Romania: 12 Key Clauses

Commercial real estate · Romania

A commercial lease is a long-term allocation of occupancy cost, operational responsibility and exit risk. Review the legal and practical controls before the premises, rent and fit-out commitments become difficult to unwind.

12 key clausesLandlord and tenant viewRomanian Civil Code focus
Decision lens Can the premises support the business, and can the contract control the downside? Use the interactive maps below to move from the commercial brief to signing, operation and exit.

A commercial lease agreement in Romania can commit a company to years of rent, service charges and restoration costs. The commercial decision therefore depends not only on the monthly headline rent, but also on whether the premises can lawfully support the tenant’s activity and whether the contract allocates operational risks clearly.

Commercial lease agreement in Romania with office key and floor plan
Commercial premises and lease documentation in Romania.

This guide is intended for landlords and companies leasing offices, retail units, warehouses and other business premises. It explains the principal clauses to check under the Romanian Civil Code and the related property, tax and authorisation framework. Residential leases and leases of public property follow additional rules and are outside this article’s main scope.

Is a written commercial lease mandatory in Romania?

Romanian law does not generally require a privately owned commercial lease to be notarised for validity. A signed written contract is nevertheless essential for evidence, enforceability, tax treatment and protection against third parties.

The lease relationship is governed principally by the Romanian Civil Code, especially the general rules on lease agreements. The parties have broad contractual freedom in a business-to-business transaction, but statutory rules apply where the lease is silent, and certain mandatory provisions of Romanian law may apply irrespective of contractual wording.

Under Article 1798 of the Civil Code, a lease concluded in authentic form, or a privately signed lease registered with the competent tax authority, may constitute an enforceable title for rent payment under the conditions stated by law. Tax registration affects enforceability, not the validity of the lease. It is not a universal requirement for the existence of every corporate lease, although the applicable tax and registration duties must still be checked for the particular landlord and transaction.

For leases requiring stronger protection against a future buyer or other third parties, the parties should assess land-book registration. The correct mechanism depends on the property, the lease term and the landlord’s registered title. A company entering a long-term lease should not assume that signature alone gives the same protection as registration.

Lease signing roadmap
From premises selection to rent commencement

Select a stage to see the legal control that should be completed before moving forward.

Define the commercial scope

Fix the exact premises, intended activity, timetable, fit-out assumptions, headline rent and critical conditions before detailed drafting begins.

What should be checked before the commercial lease is signed?

Verify the landlord, title, cadastral identity, permitted use, technical condition and authorisation route before the lease becomes unconditional.

The tenant should compare the land-book extract and cadastral plan with the space actually offered. The review should cover ownership, mortgages, litigation annotations, existing leases, access rights, parking, common areas and the landlord’s authority to grant the agreed use. These checks overlap with a focused real estate due diligence review in Romania.

The proposed activity must also be compatible with the building’s authorised use and applicable planning, fire-safety, sanitary, environmental and sector-specific requirements. A contractual statement that the tenant will obtain “all permits” does not solve a structural problem with the premises. The lease should distinguish permits relating to the building from those relating to the tenant’s own business.

For buildings or units covered by Law no. 372/2005, the owner must address the applicable energy-performance certificate obligations when leasing. The current framework covers offices, retail and other occupied commercial uses, subject to statutory exemptions. See the official energy performance legislation.

CheckTenant questionContract response
Title and authorityDoes the landlord own and control the exact premises?Attach current land-book and corporate authority evidence.
Permitted useCan the intended activity operate lawfully here?Make effectiveness or rent commencement conditional where appropriate.
Physical conditionWho bears existing defects and compliance works?Use a detailed handover report, photos and defect list.
Third-party rightsCould a lender, buyer or other tenant disrupt use?Consider lender consent, non-disturbance and land-book protection.
Utilities and capacityAre power, HVAC, access and loading capacity sufficient?Define technical specifications and remedies for shortfalls.

The 12 clauses that determine the real commercial risk

Commercial lease risk selector
Where can the lease create the greatest exposure?

Select a clause to see the negotiation priority.

Total occupancy cost

Model base rent, indexation, VAT, service charge, utilities, insurance contributions and one-off fit-out or reinstatement expenses.

1. Parties, authority and guarantees

Identify each party by its full legal name, registered office, registration number and tax code. Confirm the signatory’s authority. If a parent company, bank or shareholder gives security, specify whether it is a guarantee, autonomous demand guarantee, deposit or another instrument, together with its cap, duration and claim procedure.

2. Exact premises and permitted use

The lease should attach a plan and state the exclusive area, common-area allocation, parking and access rights. “Office use” or “commercial use” may be too vague. Describe the actual activity and deal with signage, customer access, deliveries, opening hours, hazardous materials and exclusivity if commercially relevant.

3. Term, commencement and long-stop date

Separate the signature date, handover date, fit-out access date, lease commencement and rent commencement. If delivery or permits are delayed, a long-stop date should allow the affected party to terminate. The Civil Code limits leases to a maximum statutory duration, so unusually long structures require specific review.

4. Rent, currency and indexation

State the currency, payment currency, exchange-rate source, due date and invoicing mechanics. An indexation clause should identify the index, reference period, first adjustment date, whether decreases apply and whether there is a cap or floor. Avoid combining indexation with discretionary “market rent” language unless the valuation procedure is clear.

5. VAT, withholding and invoicing

The lease of immovable property is generally VAT-exempt under the Romanian Fiscal Code, subject to important statutory exceptions and the landlord’s option to apply VAT under the prescribed procedure. Ancillary services, bundled supplies, invoicing structures and certain categories of premises may require distinct treatment. The contract should state whether figures include or exclude VAT and what happens if the VAT treatment changes. The parties should also align invoicing with the applicable Romanian electronic invoicing rules. For wider compliance context, see the site’s Romanian tax guidance.

6. Service charge and operating costs

Define recoverable costs, allocation formula, budget, reconciliation, audit rights and exclusions. Capital expenditure, financing costs, structural defects, landlord negligence, vacancy costs and costs relating to other tenants should not be hidden in a generic “all building expenses” clause. Retail leases may also involve marketing contributions and turnover reporting.

Cost itemPoint to negotiateTypical control
Base rentArea, currency, payment date and rent-free periodRent schedule attached to the lease
IndexationIndex, floor, cap and first adjustmentWorked example and no double escalation
Service chargeRecoverable categories and allocationAnnual budget, reconciliation and audit right
UtilitiesMetered consumption versus allocationSeparate meters or transparent formula
VATExempt or taxable treatmentExpress net/gross wording and change mechanism
ReinstatementRemoval and restoration at exitAgreed baseline and pre-expiry inspection

7. Deposit and financial security

Specify the amount, currency, replenishment duty, permitted deductions, return deadline and whether interest accrues. A bank guarantee should state the required issuing bank, wording, expiry buffer and renewal consequences. The landlord should not have an unlimited right to draw security for disputed amounts.

8. Handover, condition and defects

A signed handover protocol should record keys, meters, systems, inventory, photographs and defects. Define the condition standard at delivery and the remedy if the premises fail the agreed technical specifications. The tenant should not inadvertently accept latent or structural defects merely by taking possession.

9. Fit-out, alterations and ownership of improvements

Address design approval, permits, contractors, access, insurance, health and safety, delays and damage. The lease must also say whether improvements become the landlord’s property, whether compensation is available and what must be removed at expiry. These provisions should be coordinated with the construction-law implications of fit-out works.

10. Repairs, maintenance and building services

The Civil Code places core delivery, maintenance and peaceful-use obligations on the landlord, while the tenant normally bears routine repairs resulting from ordinary use, subject to the contract and the nature of the defect. A commercial lease should allocate structure, roof, façade, common systems, HVAC, internal installations and statutory upgrades expressly, together with response times and self-help rights.

Responsibility map
Who controls each category of work?

Select the responsible actor. The final allocation must be stated in the lease and coordinated with insurance and access rights.

Landlord-controlled matters

Ownership, structural integrity, roof and façade, common systems and building-level approvals normally require the landlord’s control and cooperation.

MatterStarting allocationLease control
Structure, roof and façadeLandlordResponse deadline, access and tenant remedy if use is disrupted
Routine internal maintenanceTenantStandard of care and exclusions for latent defects
Common building systemsLandlord or service-charge regimeService levels, cost allocation and outage remedies
Tenant fit-outTenant, subject to approvalDesign approval, permits, ownership and reinstatement
Statutory upgradeDepends on cause and scopeBuilding-level versus activity-specific responsibility

11. Assignment, subletting and corporate change

The Romanian Civil Code contains specific rules on assignment and subletting, which are frequently modified by commercial lease clauses. The contract should therefore state whether landlord consent is required and on what conditions. The tenant may seek objective consent standards for group reorganisations, business transfers and subleases, while the landlord may require financial tests or continued liability.

12. Default, termination, force majeure and hardship

List the defaults that justify termination, notice method, cure periods and consequences. Non-payment, unlawful use, loss of permits and abandonment need different treatment. Insolvency provisions should be reviewed together with the applicable insolvency legislation: Article 123 of Law no. 85/2014 maintains ongoing contracts at the opening of insolvency proceedings and may limit clauses that terminate or accelerate solely because insolvency has commenced. Force majeure should address genuine impossibility, while hardship or major economic disruption requires a separate allocation because increased cost alone is not automatically force majeure.

What happens if the building is sold?

A tenant should not rely on a simple “sale does not affect the lease” sentence. Ongoing protection depends on the Civil Code’s opposability rules and the steps taken to make the lease effective against the buyer.

Articles 1811 and following of the Civil Code regulate when a lease is opposable to a purchaser and the consequences of transferring the leased property. For registered immovable property, notation of the lease in the Land Registry is a central opposability mechanism; other statutory rules may apply depending on the property and transaction. The lease should require the landlord to notify a sale, procure the buyer’s assumption of obligations and transfer the deposit or guarantees correctly. For material long-term premises, the tenant should assess Land Registry notation and lender non-disturbance arrangements. The seller’s continuing liability, if any, should be stated rather than assumed.

Can the landlord enforce unpaid rent without a full lawsuit?

Potentially yes. A qualifying lease may constitute an enforceable title for rent, but enforceability depends on the contract’s form or tax registration and on the claim being due and sufficiently determined.

Article 1798 of the Civil Code gives qualifying leases enforcement value for rent. Separate rules may also support restitution of the premises when a fixed-term lease expires. Parties should coordinate default clauses with Romanian civil procedure and should not assume that a contractual label such as “enforceable” creates enforcement rights by itself. Broader non-payment strategies are covered in the guide to recovering unpaid business claims in Romania.

Exit & default risk map
How can the lease relationship end?

Select a route to review the clause that should control notice, cost and handover.

Expiry of the agreed term

Set the handover date, inspection process, reinstatement standard, deposit reconciliation and treatment of any continued occupation.

Exit eventDocument to controlMain financial exposure
Fixed-term expiryExpiry notice and handover protocolReinstatement, dilapidations and deposit deductions
Tenant breakBreak notice complying exactly with the clausePenalty, incentive repayment or remaining liabilities
Termination for breachDefault notice and evidence of cure periodArrears, damages, security draw and enforcement costs
Property saleBuyer assumption and opposability evidenceDeposit transfer and continuity of tenant rights
Continued occupationWritten extension or renewal termsUncertain rent, duration and exit notice

Landlord and tenant negotiation checklist

  1. Verify title, cadastral identity, authority and encumbrances.
  2. Confirm that the building and the intended activity can obtain the necessary approvals.
  3. Attach the plan, technical specifications, handover standard and fit-out rules.
  4. Model rent, indexation, VAT, service charge, utilities and exit costs.
  5. Allocate structural, routine and statutory repair obligations precisely.
  6. Align guarantees with actual exposure and release dates.
  7. Negotiate cure periods, break rights, long-stop dates and restoration obligations.
  8. Assess tax registration, enforceability and land-book protection.
  9. Record condition, meters, defects and assets in the handover protocol.
  10. Retain signed notices, invoices, approvals and service-charge reconciliations.

The bottom line

A commercial lease agreement in Romania is primarily a long-term allocation of business risk. The strongest contract is not necessarily the longest. It is the one that identifies the premises accurately, prices the full occupancy cost, makes the authorisation path workable and provides realistic remedies when delivery, operation or exit does not go as planned.

Before committing to a significant lease, both landlord and tenant should coordinate the legal document with technical due diligence, tax treatment, insurance and the operational timeline. A focused contract review in Romania can identify inconsistencies before the commercial timetable makes them expensive to correct.

Frequently Asked Questions

Must a Romanian commercial lease be notarised?

No, not as a general validity rule for a private commercial property. However, authentic form, tax registration and land-book notation can have different consequences for enforcement and opposability. The right structure depends on the parties, term, property and intended protection.

Can rent be stated in euros but paid in Romanian lei?

Yes, parties often denominate rent in euros and provide payment in lei. The lease should identify the exchange-rate source and date, address bank charges and avoid ambiguity about whether indexation applies before or after currency conversion.

Is VAT charged on commercial rent in Romania?

The lease of immovable property is generally VAT-exempt, subject to important statutory exceptions and the landlord’s option to apply VAT under the prescribed procedure. Ancillary services, bundled supplies, invoicing structures and certain premises may receive distinct treatment. The lease should state whether amounts are net or gross and allocate change-of-law risk.

Who pays for repairs in a Romanian commercial lease?

The Civil Code provides a default allocation, broadly separating the landlord’s obligation to maintain usable premises from routine tenant repairs. Commercial contracts usually refine this substantially. Structure, building systems, internal installations, negligence and statutory upgrades should each be addressed expressly.

Can a tenant terminate a fixed-term commercial lease early?

Only if the contract or applicable law provides a right to do so, or if a sufficiently serious breach justifies termination. Businesses should negotiate express break rights, notice periods, conditions and any repayment of incentives rather than rely on a general expectation of early exit.

Does the lease continue if the property is sold?

It may continue against the buyer when the Civil Code’s opposability requirements are satisfied. The tenant should assess land-book notation, the landlord’s sale obligations and any lender arrangements, particularly for high-value fit-out or a long remaining term.

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.

Two corporate professionals reviewing AI transparency controls, compliance dashboards, and synthetic content verification tools on screens in an office setting.

EU AI Act in Romania: 2026 Guide for Foreign Companies

Artificial intelligence and digital regulation · 2026

EU AI Act in Romania: 2026 Guide for Foreign Companies

Foreign companies operating in Romania may be subject to the EU AI Act even when the parent company, vendor or development team is outside the European Union. This practical guide explains the scope rules, the obligations already applying in 2026, the later high-risk deadlines and the records a Romanian business should build now.

The analysis should be read together with the official AI Act text, the Commission’s AI Act implementation page and the current guidance available through the AI Act Service Desk.

Two corporate professionals reviewing AI transparency controls, compliance dashboards, and synthetic content verification tools on screens in an office setting.
AI compliance is a governance process: classify, document, train and monitor.

What is the practical answer for a foreign company?

A Romanian subsidiary, branch or other local operation should begin with an inventory of the AI systems it provides, deploys, imports, distributes or uses for work. The company should then identify whether the system is prohibited, high-risk, subject to transparency duties, or outside the main AI Act obligations. The label used by the vendor is not decisive: the same tool may create different legal questions depending on its function, users, outputs and place of use.

Scope first

Map the Romanian entity, the foreign group, the provider, the deployer, the users and where the output is used. A foreign parent does not automatically remove EU exposure.

Article 2 analysis

Obligations now

AI literacy, prohibited-practice controls, GPAI-related obligations and the new transparency rules must be considered according to the applicable role and system.

2026 operating baseline

Evidence later

Keep an AI register, vendor file, training record, human-oversight process and incident route so the business can show how it reached its classification.

Governance that scales
Key point: the AI Act does not create a universal “AI officer” requirement for every Romanian business. Responsibility must be allocated in a way that fits the company’s systems, roles, risk profile and existing compliance structure.

AI Act timeline for companies operating in Romania

The original AI Act timetable has been supplemented by the Digital Omnibus on AI. The current implementation page of the European Commission identifies the dates below. A deadline table should be treated as a planning tool, not as a substitute for checking the final text and any sector-specific transition rule.

Completed1 August 2024
Entry into force

The Regulation entered into force. The legal framework began its transition period, while later provisions were scheduled to apply in stages.

Applied2 February 2025
Prohibitions and literacy

The prohibited-practice rules and the Article 4 AI-literacy obligation became applicable. Businesses should already have training and prohibited-use controls in place.

Applied2 August 2026
Transparency and supervision

Transparency obligations for certain AI systems, broader enforcement powers and the Commission’s AI Office and national authorities’ implementation work become operational.

Deferred2 December 2027
Selected high-risk uses

Following the Digital Omnibus, high-risk systems in sensitive Annex III areas, including employment, apply from this date. Product-embedded high-risk rules have a later transition.

Rule or milestoneCurrent application pointWhat the Romanian operation should do
Prohibited AI practicesApplied from 2 February 2025; an additional prohibition concerning certain non-consensual intimate or child sexual abuse material applies from 2 December 2026.Screen use cases before procurement or deployment and escalate any practice that may manipulate, exploit, socially score or infer protected characteristics.
AI literacyApplied from 2 February 2025 and enforced by national market-surveillance authorities from 2 August 2026.Adopt role-based training and retain evidence of the measures taken, rather than relying on a generic awareness email.
Transparency rulesApplied from 2 August 2026 for the relevant Article 50 systems and outputs.Review chatbot notices, synthetic-content marking, deepfake disclosures and the editorial process for public-interest text.
Annex III high-risk systemsSelected high-risk use cases, including employment, apply from 2 December 2027 after the Digital Omnibus transition.Classify and plan early. The later date does not remove GDPR, employment, consumer or fundamental-rights duties that may apply now.
High-risk systems in regulated productsExtended transition until 2 August 2028 under the current Commission summary.Coordinate product-safety, sectoral and AI Act analysis with the provider and any notified-body or conformity route.

The Commission’s current AI Act timeline identifies the staged dates and the changes introduced by the Digital Omnibus.

Does the AI Act apply to a foreign company operating in Romania?

Often, yes. The scope is not limited to companies incorporated in an EU Member State. The Regulation covers providers placing AI systems or general-purpose AI models on the Union market, deployers located in the Union, and providers or deployers in a third country where the output produced by the system is used in the Union. Importers, distributors, certain product manufacturers, authorised representatives and affected persons are also expressly addressed.

This creates several common patterns for international groups. A US or UK parent may provide a generative AI platform used by its Romanian subsidiary. A Romanian company may deploy a recruitment tool supplied by a vendor in another country. A group may centralise procurement and security while the local entity makes decisions affecting Romanian workers or customers. The legal analysis should identify each role instead of treating “the group” as a single operator.

Question 1Is the system used in the EU?

If the Romanian entity deploys the system, or its output is used in Romania or elsewhere in the Union, the scope analysis moves beyond the location of the parent company.

Question 2Who provides it?

Record the provider, importer, distributor, group company, authorised representative and vendor chain. Contract labels are useful evidence but do not replace the legal role analysis.

Question 3Who deploys it?

Identify the business unit that determines the purpose and use. The deployer may be the Romanian company, a foreign shared-service centre or another group entity depending on the facts.

Question 4Who is affected?

Employees, applicants, customers and other persons in the Union may be affected even when the technical processing or model hosting takes place outside Romania.

Do not rely on the hosting location alone: cloud hosting, a foreign parent or a vendor’s “EU AI Act compliant” statement does not by itself determine whether the Romanian entity has obligations.

Which AI uses should a Romanian company classify first?

A useful first inventory is operational rather than theoretical. Start with tools that make recommendations, rank people, generate customer-facing outputs, analyse sensitive information, control access to services or influence employment decisions. Include tools purchased by individual teams if company data or company accounts are used.

Business useWhy it needs early reviewFirst evidence to collect
Recruitment, CV screening or candidate scoringEmployment and access-to-self-employment uses are listed in Annex III and may engage high-risk analysis once the relevant rules apply.Vendor description, decision logic, data sources, human review and impact on applicants.
Employee monitoring, task allocation or performance evaluationAI used to affect working relationships or monitor behaviour may fall within the employment category and also raise labour-law and GDPR questions.Purpose, affected groups, indicators, decision owner, notice, consultation and challenge route.
Customer chatbot or voice assistantInteractive systems may require a clear notice that the person is interacting with AI unless the interaction is obvious in context.Interface screenshots, notice wording, escalation to a person and accessibility check.
AI-generated public-facing images, audio or textArticle 50 can require machine-readable marking or disclosure, subject to the relevant exception and content type.Generation workflow, labelling method, human review, editorial responsibility and publication record.
Credit, insurance, access or eligibility decisionsSome essential private or public service uses are listed as high-risk and can intersect with anti-discrimination and sectoral rules.Decision criteria, datasets, human oversight, explanation path and affected-person rights.

Do not classify a system only by the word “AI” in a sales brochure. Ask what the tool actually does, which people it affects, whether it generates or ranks content, whether it makes or supports a decision, and whether it is integrated into a regulated product. The Commission’s AI Act Service Desk provides tools and guidance that can support this initial assessment.

Which AI practices are prohibited?

The AI Act bans certain practices because their risks are considered unacceptable. Examples include harmful manipulation or deception, harmful exploitation of vulnerabilities, social scoring, certain forms of individual criminal-offence prediction, untargeted scraping to create facial-recognition databases, workplace or education emotion recognition, and biometric categorisation to infer protected characteristics, subject to the precise legal wording and exceptions.

For a foreign company with Romanian staff, the workplace emotion-recognition prohibition deserves particular attention. A vendor may market a “wellbeing”, “engagement” or “productivity” product without describing it as emotion recognition. The business should look at the functionality and the data signals used, not only the product name. The same applies to tools that claim to infer personality, intent, reliability or risk from communications.

Procurement gate

Require the business owner to describe the system’s purpose, data sources, affected people and output before purchase or activation.

Red-flag review

Escalate tools involving vulnerability exploitation, social scoring, biometric inference, emotion recognition or behavioural prediction.

Decision record

Record why the company concluded that a use is permitted, prohibited, outside scope or subject to another compliance route.

What transparency duties apply from 2 August 2026?

Article 50 covers specific interactions and outputs. A provider of an AI system intended to interact directly with natural persons must ensure that people are informed that they are interacting with an AI system unless this is obvious in context. Providers of systems generating synthetic audio, image, video or text must ensure that outputs are marked in a machine-readable format and detectable as artificially generated or manipulated, subject to the stated limits and exceptions.

Deployers have additional duties in defined situations. People exposed to emotion-recognition or biometric-categorisation systems must be informed. A deployer of an image, audio or video deepfake must disclose that the content was artificially generated or manipulated, subject to the artistic and other exceptions. Text generated or manipulated by AI and published to inform the public on matters of public interest must also be disclosed, but the obligation does not apply where the content has undergone human review or editorial control and a natural or legal person holds editorial responsibility.

This is why the website’s ordinary AI Notice and a public disclosure under Article 50 should not be treated as identical. An editorial footer may be useful transparency, but it does not automatically satisfy every machine-readable marking or user-facing notice requirement. Each workflow should be checked according to the system, output, audience and publication context.

Practical control: create a short content decision tree: AI-assisted editing, substantially generated content, deepfake or synthetic media, public-interest text, customer interaction. Assign the corresponding label, machine-readable marker, human review and approval record.

Does every AI-generated business article or image need a label?

No single answer applies to every output. The AI Act distinguishes between the type of system, the type of output and the way the content is published or presented. Standard editing that does not substantially alter the input may fall within an exception to the machine-readable marking duty. A human review and editorial-control exception may apply to certain public-interest text. Deepfakes have their own disclosure rule, while chatbots require a direct-interaction analysis.

The company should document the workflow instead of making a broad statement such as “all AI content is exempt” or “all AI content must be labelled in the same way”. Keep the prompt or source material where appropriate, the generated version, the human changes, the responsible editor, the final label and the publication channel. This is particularly useful where content is repurposed across websites, advertisements, social media and customer communications.

What does AI literacy require?

Article 4 requires providers and deployers to take measures to ensure, to their best extent, a sufficient level of AI literacy for staff and other persons dealing with the operation and use of AI systems on their behalf. The measures should take account of technical knowledge, experience, education, training, the context in which the systems are used and the people or groups on whom the systems are used.

This is a context-based obligation, not a fixed annual course or a universal certification. A marketing employee using a writing assistant, an HR manager using a candidate-ranking tool and an engineer managing a model deployment do not need identical training. The employer should explain relevant limitations, data handling, hallucination and reliability risks, prohibited uses, escalation routes, human review and the consequences of relying on outputs.

Identify AI users

List employees, contractors and other persons acting on the company’s behalf who operate or use an AI system. Include occasional users where the risk justifies it.

Match training to context

Separate basic safe-use guidance from role-specific instruction for HR, legal, customer service, developers, procurement and management.

Keep training records

Retain the audience, date, topics, materials, completion evidence and any follow-up testing or policy acknowledgement.

Update after change

Reassess training when a new system, material model update, high-risk use, incident or regulatory guidance changes the risk profile.

The Commission’s AI-literacy Q&A explains that enforcement of Article 4 is handled by national market-surveillance authorities and that there is no one-size-fits-all competence framework. A Romanian business should therefore build a proportionate internal record rather than wait for a template course.

What should employers know about recruitment and workplace AI?

Annex III identifies AI systems intended for recruitment or selection, including targeted job advertising, application analysis and candidate evaluation. It also identifies systems used to make decisions affecting terms of work-related relationships, promotion or termination, allocate tasks based on individual behaviour or personal traits, or monitor and evaluate performance and behaviour.

Under the current Commission timeline, the rules for high-risk systems in these sensitive areas apply from 2 December 2027 following the Digital Omnibus transition. This does not create a compliance holiday. A Romanian employer must still consider GDPR, Romanian labour law, anti-discrimination rules, information duties, collective arrangements, employment records, confidentiality and the possibility of human challenge. A vendor’s score should not become an unexplained substitute for a lawful employment decision.

Before deploying such a tool, the employer should identify who makes the final decision, what the AI output means, whether a person can disregard it, what data is used, whether a candidate or employee can obtain an explanation, and what happens if the system produces an incorrect or discriminatory result. The analysis should also consider whether the foreign group’s HR platform is being deployed by the Romanian entity or merely accessed for central administration.

Separate the dates: the later high-risk deadline concerns the AI Act’s high-risk requirements. It does not suspend GDPR or employment-law obligations that may arise from the same processing or decision today.

Vendor contracts and AI due diligence

A foreign company should not accept a short vendor statement as its entire AI Act file. The contract and due-diligence record should allow the Romanian operation to understand the system’s intended purpose, role allocation, technical limitations, data use, security, logging, human oversight, incident cooperation, transparency features and change-management process.

Purpose and role

Ask whether the supplier is a provider, GPAI provider, importer, distributor or another operator, and whether the Romanian entity is a deployer. Retain the product description, role matrix and contract.

Data and outputs

Check what data is processed, where it is stored, whether prompts or outputs train a model, and whether personal data can be isolated. Keep the data-flow map, DPA and security schedule.

Human oversight

Confirm whether the operator can intervene, override, suspend or test the system and whether those limits are communicated. Keep the operating procedure and testing logs.

Incidents and changes

Agree how model changes, outages, security events and regulatory requests are communicated. Keep notice SLAs, version history and audit rights.

Exit and continuity

Plan how the company will retrieve records, delete data and continue operations if the tool is withdrawn or reclassified. Keep the exit and retention plan.

Where the tool is supplied by a group company, the intercompany agreement should be tested in the same way as an external vendor contract. The Romanian entity may need practical access to information even when procurement, model management and security are centralised abroad.

How does the AI Act interact with GDPR and Romanian employment law?

The AI Act does not replace GDPR. Article 2 expressly preserves the application of Union data-protection, privacy and communications rules. A company may therefore need a lawful basis, purpose limitation, data minimisation, transparency, retention controls, processor arrangements, security measures and, where relevant, a data-protection impact assessment in addition to its AI Act analysis.

Workplace deployment adds another layer. If an AI tool ranks applicants, monitors employees, allocates tasks or recommends termination, the employer should consider the Labour Code, anti-discrimination protections, employee information and consultation, internal policies and the safeguards around automated decision-making. A human reviewer is important, but “human in the loop” is not a complete answer if the reviewer simply approves an unexplained score.

For customer-facing systems, consumer-protection and sectoral obligations may also apply. For regulated products, product-safety rules, conformity assessment and technical documentation may interact with the AI Act. The right approach is a combined compliance map that shows which regime addresses which risk.

AI Act

Classifies the system and creates duties tied to the operator role, risk level, transparency, literacy and governance.

GDPR

Controls personal-data processing, individual rights, security, profiling and the relationship between controller and processor.

Employment and sector law

Protects workers, customers and regulated activities through additional information, fairness, safety and challenge requirements.

Who supervises the AI Act in Romania?

Enforcement is shared. The European Commission’s AI Office supervises general-purpose AI providers and certain connected systems, while national competent authorities supervise other AI systems. The European Data Protection Supervisor has a specific role for systems used by EU institutions. The Romanian entity should monitor the national designation and implementation measures relevant to its activity instead of assuming that every question goes to one central EU authority.

The AI Act also allows complaints, investigations, information requests and other enforcement tools. The applicable authority may consider the nature, gravity and duration of an infringement, affected persons, the operator’s size and turnover, cooperation, responsibility, mitigation and whether the conduct was intentional or negligent.

What penalties can apply?

Article 99 sets maximum levels for several categories, while Member States establish the detailed national penalty and enforcement rules. Non-compliance with prohibited practices can reach up to EUR 35 million or 7% of worldwide annual turnover, whichever is higher. Other listed operator obligations, including certain deployer and transparency duties, can reach up to EUR 15 million or 3% of worldwide annual turnover, whichever is higher. Incorrect, incomplete or misleading information supplied to authorities can attract a separate maximum of EUR 7.5 million or 1% of worldwide annual turnover.

For SMEs and start-ups, Article 99 provides a lower-of-the-two limits approach for the amounts or percentages referred to in the provision. The figures are maximums, not automatic fines. Authorities must assess the individual circumstances and procedural safeguards remain relevant. Companies should avoid both extremes: treating the maximum as inevitable or assuming that a small local subsidiary has no exposure because the parent owns the technology.

Practical AI Act compliance checklist for a Romanian operation

01 · InventoryBuild the AI register

List systems, vendors, users, business owners, locations, outputs, affected people and group-company relationships. Include pilots and shadow AI.

02 · ClassifyAssign the legal route

Screen scope, prohibited practices, high-risk categories, transparency duties, GPAI dependencies, sector rules and applicable transition dates.

03 · ControlPut safeguards in place

Set access rules, human review, notices, marking, training, procurement controls, incident escalation and data-protection measures.

04 · EvidenceKeep the decision trail

Retain the classification rationale, vendor file, contract, training evidence, approvals, tests, incidents, changes and review date.

Create an inventory

Owner: Legal, IT, procurement and business owners. Output: an AI register with purpose, provider, deployer, data and affected persons.

Approve use cases

Owner: management with legal and security input. Output: a classification note, prohibited-use sign-off and escalation route.

Train users

Owner: HR, compliance and system owners. Output: role-based AI-literacy materials and completion evidence.

Review public outputs

Owner: marketing, communications and editorial owners. Output: a disclosure, marking and human-review record.

Monitor change

Owner: system owner and vendor manager. Output: version, incident, access, performance and reassessment logs.

Common mistakes made by foreign groups

“The parent handles it”

Central governance can help, but the Romanian operation still needs to know its role, local use, affected people and evidence available to it.

“The vendor is compliant”

Vendor compliance material is an input. It does not answer whether the Romanian entity is a deployer, importer or affected operator in the actual workflow.

“The deadline is 2027”

The later high-risk date does not postpone AI literacy, prohibited-practice controls, transparency duties or GDPR and employment-law analysis.

“A human checked it”

A nominal reviewer may not provide meaningful oversight. Define authority to challenge, override, document and stop the system.

“A footer solves labelling”

Website disclosure, user notice and machine-readable marking answer different questions. Match the control to the content and channel.

“Only official AI tools count”

Shadow AI used with company data can create the same confidentiality, data-protection and output risks as an approved platform.

Frequently asked questions

Does the AI Act apply if our parent company is outside the EU?

It may. Scope can arise because the Romanian entity deploys an AI system in the Union or because output from a third-country system is used in the Union. Analyse the actual provider, deployer, importer and output-use roles.

Are AI recruitment tools high-risk from 2 August 2026?

Not necessarily under the current transition timetable. Annex III includes recruitment and worker-management uses, but the Commission currently identifies 2 December 2027 for the selected sensitive high-risk areas after the Digital Omnibus changes. GDPR, employment and anti-discrimination duties can apply earlier.

Must employees disclose every use of ChatGPT or another writing assistant?

No universal AI Act rule requires disclosure of every private drafting step. The right control depends on the system, output, audience, content type, company policy and whether Article 50 applies. The employer should set a clear internal policy for confidential or regulated material.

Is an AI officer mandatory in Romania?

The AI Act does not impose a universal AI-officer title for every company. A foreign group should nevertheless allocate responsibility for inventory, classification, training, procurement, transparency, incidents and regulatory liaison.

Does using a human reviewer remove AI Act and GDPR risk?

No. Meaningful human oversight can be important, but it does not erase the underlying classification, transparency, data-protection, fairness or employment-law analysis. The reviewer must have information, time and authority to challenge the output.

Can we rely entirely on the AI vendor’s compliance statement?

No. Vendor material should be verified against the Romanian workflow, contract, data, users and role allocation. Keep evidence of the questions asked, the answers received and the decision made by the company.

Need to assess AI use in a Romanian business?

A Romanian business lawyer can help map the group structure, classify AI systems, review vendor terms, align GDPR and employment safeguards, and prepare a proportionate evidence file.

Contact Atrium Romanian Lawyers

This page provides general information only and does not constitute legal advice, a legal opinion or the creation of a lawyer-client relationship. Legal solutions depend on the specific facts, systems, contracts and legislation in force at the relevant time.

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.