Responding to a GDPR complaint in Romania: a laptop with a privacy-request interface and a closed case folder in a dark office.

Responding to a GDPR Complaint in Romania: Legal Steps for a Company

Data protection · Company response · Romania

A GDPR complaint in Romania can reach your company through customer support, HR, a supplier or the data protection authority.

Before sending a standard reply, identify what the person is asking, preserve the relevant record and establish who must respond.

This guide is for Romanian companies, foreign-owned subsidiaries and managers handling an initial personal-data complaint.

It distinguishes three situations often described as GDPR complaints: a complaint addressed directly to the company, a request to exercise GDPR rights and a communication received from ANSPDCP.

It focuses on organising the response file, with separate escalation points for an authority investigation, a security incident or a formal decision.

The applicable framework includes the General Data Protection Regulation (GDPR) and Romanian supervisory procedures.

What has the company actually received?

Classify the message before choosing a reply or a deadline.

A customer may describe unlawful sharing and request deletion in the same email.

An employee may complain about monitoring while also asking for a copy of their personal data.

One message can therefore require several connected actions.

The European Data Protection Board’s guide to individual remedies distinguishes contacting a company, complaining to a supervisory authority and bringing proceedings.

A person’s statement that they have complained to ANSPDCP is different from an actual communication issued by that authority.

Romania’s National Supervisory Authority for Personal Data Processing is referred to below as ANSPDCP.

Its official complaints guidance also distinguishes rights requests addressed to an organisation from complaints lodged with the authority.

Preserve each document separately, including all attachments and the original delivery record.

Select one or more cards to add the relevant situations to your review packet.

Which response deadline applies?

There is no single 30-day deadline for every document described as a GDPR complaint.

Under Article 12(3) GDPR, information on action taken on requests under Articles 15–22 must be provided without undue delay and within one month of receipt.

The period may be extended by two further months where necessary, taking account of the complexity and number of requests.

The controller must explain the extension and its reasons within the original month.

ANSPDCP’s guidance on complaints repeats that distinction between the initial month and a conditional extension.

Record when the request reached the controller through an appropriate contact channel, rather than treating a later internal referral to legal or the DPO as a fresh starting date.

The EDPB’s access guidelines explain that a dedicated request channel cannot be made compulsory where the person uses another appropriate official or regular contact channel.

Calculate the one-month period under the EU time-calculation rules identified in those guidelines, rather than substituting 30 days or the Romanian court rules for periods expressed in days.

An acknowledgement confirms receipt but does not complete the substantive response or automatically extend the period.

If the controller takes no action on a rights request, Article 12(4) GDPR requires it to explain its reasons without delay and at the latest within one month of receipt of the request, and to inform the individual of the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

Where a message raises concerns without requesting a right under Articles 15–22, identify any other applicable duties and respond promptly as a practical complaint-handling measure.

If ANSPDCP has requested a written response, its official investigation procedure requires the company to answer within the period set by the authority.

Do not borrow the individual’s one-month period for that correspondence or assume that asking for more time suspends the stated deadline.

What should the response file contain?

Preserve evidence that explains the disputed processing and the company’s handling of the complaint.

As a practical measure, identify relevant email threads, request tickets, privacy notices, consent or preference records, access logs, contracts and earlier replies before routine deletion removes useful evidence.

Ask the system owner which records exist, how long they remain available and whether a controlled preservation step is needed.

Keep originals and create an indexed working copy, recording who collected each item and when.

Separate confirmed facts, allegations and points still being investigated.

Evidence preservation must remain proportionate and lawful.

The EDPB’s explanation of processing principles covers purpose limitation, data minimisation, storage limitation and security.

A complaint does not justify retaining every record indefinitely or continuing unrelated use of the person’s data.

Document the purpose, legal basis, access restrictions and review date for any retained complaint evidence.

For an erasure request, assess any applicable exception under Article 17(3) GDPR, including necessary retention for a legal obligation or the establishment, exercise or defence of legal claims.

An erasure exception does not replace the need for a lawful processing basis or justify indefinite retention.

The EDPB’s access guidelines explain how controllers should prevent routine deletion from defeating access to data held when the request was received.

GDPR complaint review-file builder

Your situations

No situations selected

Tick the situations that apply, then use “Copy review packet” to copy the document list and review questions.

Your review packet

Start with the core record; selections add focused items.

Documents to collect
  • The complete complaint, attachments, earlier correspondence and receipt evidence.
  • A short chronology identifying the entity, processing activity, systems and responsible contacts.
Questions for review
  • What is alleged, what action is requested and who must answer?

This tool generates the review packet locally and contains no submission function.

This tool organises a review file; it does not classify a document, calculate a deadline or provide a legal conclusion.

Who is responsible when a vendor or foreign parent is involved?

Establish the role for the disputed activity before assigning the response.

The EDPB’s controller and processor guidance explains that a controller decides the purposes and means of processing, while a processor processes data on its behalf.

The company receiving the complaint may need a supplier’s assistance without transferring away its own responsibilities.

Where your company acts only as processor for the activity, escalate the request to the controller under the agreed procedure and provide the required assistance.

Check the factual role even if the contract uses a convenient label.

Under Article 26(3) GDPR, the person may exercise their rights against each joint controller regardless of the controllers’ internal allocation of responsibilities.

Our data processing agreement guide for Romania explains how assistance, instructions and evidence obligations should operate in a controller–processor relationship.

For a complaint involving an AI service, use the actual settings, contractual documents and supplier information alongside our guide to AI vendor contracts.

Request the relevant logs and explanations early, with a clear operational contact and an agreed delivery format.

If a DPO has been appointed, involve them alongside the business and technical teams.

The DPO’s advisory and monitoring tasks under Article 39 GDPR do not transfer the controller’s responsibility to the DPO.

A foreign parent company should help reconstruct the facts without assuming that group ownership alone decides regulatory competence.

The EDPB’s guidance on supervisory authorities and cross-border cooperation explains why the relevant processing and main establishment matter.

Regulation (EU) 2025/2518 lays down additional procedural rules for GDPR enforcement in cases concerning cross-border processing.

It applies from 2 April 2027, subject to the transitional provisions in Article 36.

Check its applicability to the particular investigation or cooperation procedure.

How should the company answer the individual?

Address the allegation and each requested action using verified facts and clear language.

The EDPB’s guidance on respecting individual rights covers identity checks, clear communication and reasons for refusing a request.

Under Article 12(6) GDPR, request additional identity information where there are reasonable doubts, limiting it to what is necessary.

Avoid requesting a full identity-document copy where a less intrusive verification method is sufficient.

Use a response structure that makes the record easy to follow:

  1. Identify the message. Record its receipt date and the issues or rights addressed.
  2. Explain the relevant facts. Describe the processing, data, purpose and recipients that the review has established.
  3. Answer each request. State what has been done, what remains necessary and any supported reason for refusing action.
  4. Describe corrections. Identify completed measures and distinguish them from planned work.
  5. Provide the next contact. Include applicable complaint and judicial-remedy information where required.

For access under Article 15 GDPR, confirm whether personal data are processed and, where they are, provide access and a copy together with the information required by that provision.

Check purposes, data categories, recipients, retention periods or criteria, applicable rights and complaint information, the available source where data were not collected from the person, relevant automated decision-making information and transfer safeguards where applicable.

Under the CJEU’s judgment in Case C-154/21, normally provide recipients’ actual identities where personal data have been or will be disclosed.

The Court permits recipient categories where identification is impossible or the controller demonstrates that the access request is manifestly unfounded or excessive.

Before sending the material, verify the recipient and assess any actual adverse effect on other people’s rights and freedoms under Article 15(4) GDPR.

Use justified redaction or separation of affected information rather than refusing the whole access request automatically.

Under Article 12(5) GDPR, rights-related information and action are generally free of charge.

A reasonable administrative fee or refusal is permitted for a manifestly unfounded or excessive request only where the controller can demonstrate that exception.

A dispute with the company or an intention to use the data in litigation does not by itself justify refusing access.

Keep the approved response, attachments and proof of dispatch together.

What changes when ANSPDCP requests information?

Build a separate authority response that follows the actual questions, deadline and documentary requirements.

Under Article 33(1) of the investigation procedure approved by Decision no. 161/2018, written investigations request information, data and documents needed for the case.

The response must be written, accompanied by copies certified as conforming to the originals, and provided within the period set by ANSPDCP.

Article 31 GDPR requires controllers and processors to cooperate with the supervisory authority on request.

As a practical preparation step, map each question to the answer, supporting annex, responsible person and any unresolved point.

Explain missing records accurately and identify the work underway to obtain them.

Do not backdate a policy or present a newly introduced control as evidence of an earlier practice.

Under Article 19(e) of the investigation procedure, the investigated entity must provide complete requested information and cannot oppose its confidential character, subject to the law.

A contractual confidentiality clause or commercial-sensitivity label is therefore not a blanket reason to withhold material lawfully requested by ANSPDCP.

Assess any specific statutory or professional-secrecy protection with counsel before submission.

Retain the submitted version and proof of filing, then monitor follow-up communications.

Document → review → next question

Complaint response map

Select a document type in the left column to see what to review next.

On narrow screens, swipe the table sideways to read all columns.

Document in handReview firstDo not assume
Allegations, requested action, receipt and earlier replies.The subject line determines whether a GDPR right was requested.
Right invoked, identity, scope and the applicable response period.An acknowledgement completes the request.
Questions, deadline, response channel and certified annexes.The individual’s one-month period applies.
What happened, affected data, awareness and risk to individuals.Every privacy complaint is a notifiable breach.
Full act, communication evidence, measures and challenge route.A reply to the authority substitutes for a court challenge.
Review focusSeparate allegations from requested action

Preserve the complete message and identify each concern and requested action.

Does the complaint also reveal a personal data breach?

Assess a possible security incident in parallel with the complaint response.

An allegation about an unclear privacy notice does not by itself establish a personal data breach.

A message describing files sent to the wrong recipient may require an immediate incident assessment.

The EDPB’s breach guidance explains documentation, notification and communication duties.

A controller must notify the competent authority without undue delay and, where feasible, within 72 hours of awareness, unless the breach is unlikely to create a risk to individuals’ rights and freedoms.

A processor must notify its controller without undue delay after becoming aware of a breach.

A notification made after 72 hours must include reasons for the delay, and Article 33(4) GDPR permits information to be supplied in phases where it cannot be provided together, without undue further delay.

Where the breach is likely to result in a high risk to individuals’ rights and freedoms, Article 34 GDPR requires communication to affected individuals without undue delay, subject to the exceptions in Article 34(3).

Under Article 33(5) GDPR, document every personal data breach, including its facts, effects and remedial action, even where authority notification is not required.

Record the reasons supporting the notification assessment so that the authority can verify compliance.

If an assessed suspicion proves not to be a personal data breach, retaining the reasoning is a prudent accountability measure.

Use our separate GDPR data breach guide for Romania for the incident process, including the distinct high-risk test for informing affected individuals.

Do not wait for the ordinary complaint reply to complete an urgent breach assessment.

What if a sanction or corrective measure has already arrived?

Review the formal act and available remedy immediately, alongside any compliance work.

Article 17(1) of Law no. 102/2005, republished provides a 15-day challenge period from delivery or communication for the sanction report and/or corrective-measure decision covered by that provision.

The challenge is brought before the administrative litigation section of the competent tribunal.

Under Article 181 of the Romanian Code of Civil Procedure, procedural periods expressed in days are generally calculated by counting the prescribed number of full intervening days, excluding both the day on which the period starts and the day on which it expires.

If the final filing day is a non-working day, the deadline extends to the next working day, unless a special rule applies.

The act may be filed on that final day, subject to the applicable filing rules.

Calculate the final filing date immediately upon service and check the filing method and any applicable special rule.

Under Article 17(2) of Law no. 102/2005, bringing that challenge suspends only payment of the fine until the final judgment.

Do not assume that corrective measures are automatically suspended.

Check the complete act, service evidence, jurisdiction, calculation rules and any separate suspension request with counsel.

The investigation procedure separately permits objections to the finding or sanction report within 15 days under Article 32(4) or Article 33(4), depending on the investigation route.

Sending those objections to ANSPDCP does not substitute for the required court challenge or preserve its deadline.

A complaint is an allegation, and receipt does not itself establish an infringement or guarantee a fine.

The EDPB’s supervisory-authority guidance explains that corrective measures and sanctions depend on the findings and circumstances.

Illustrative scenario: one message, two response tracks

A customer emails a Romanian subsidiary alleging that a supplier disclosed their account details and asks for a copy of their data.

The company should organise the access response while its technical and privacy teams assess the alleged disclosure.

If ANSPDCP subsequently asks for the correspondence and system records, that request creates a separate authority-response task.

This hypothetical example illustrates sequencing and does not predict an outcome or describe an Atrium client matter.

What should management approve before the response is sent?

Approve a response that matches the evidence and assigns ownership of remaining actions.

  • Confirm the correct entity, recipient, signatory and secure delivery channel.
  • Check that every allegation and requested right has been addressed.
  • Verify the applicable deadline and any justified extension or separate filing.
  • Align legal, technical and customer-facing statements on the same facts.
  • Record completed corrections, outstanding work and the responsible contacts.
  • Keep the final response, annexes, dispatch evidence and follow-up dates.

For recurring requests and vendor issues, review the workflow after the immediate matter has been handled.

Repeated complaint handling may fit ongoing legal support for companies, with scope and urgent work agreed separately.

Request a focused GDPR complaint review

Atrium Romanian Lawyers can review the complaint, processing documents, correspondence and proposed reply, and help identify the appropriate response and escalation steps.

Start with the complete message, proof of receipt, earlier replies, a short processing description and any authority correspondence.

The agreed work may include a response plan, evidence index, draft reply or review of an authority submission.

Any court representation or incident-response mandate should be defined expressly.

Frequently asked questions

Select a question to show or hide its answer.

Does a complaint have to mention GDPR to require action?

Read the substance of the message.

A request for access or deletion can be embedded in a customer or employee complaint.

Identify the action requested and assess the relevant rights, rather than relying on the subject line or the absence of an article number.

Can we wait for the supplier before replying?

Plan supplier cooperation early while tracking the company’s own response duties.

A vendor investigation does not automatically extend a GDPR rights-request period or an ANSPDCP deadline.

Identify the missing information, escalate the evidence request and assess any extension under the specific applicable rules.

Should we delete everything when the person requests erasure?

Assess which data and purposes the request concerns, including any applicable lawful-retention exception.

There is no blanket permission to preserve everything because a complaint exists.

Document the basis and limits of any retention and explain the decision to the person where required.

Does every complaint require a notification within 72 hours?

No.

The 72-hour framework concerns notification of a personal data breach after awareness, where the notification conditions are met.

Review alleged unauthorised access or disclosure promptly, while keeping the complaint and any rights request on their own response tracks.

Does correcting the problem end an ANSPDCP investigation?

Correction may address the current problem, but it does not guarantee that the authority will close the matter.

Preserve the earlier record and explain accurately what changed and when.

Answer any outstanding authority request and keep evidence of the remedial work.

What should we send Atrium Romanian Lawyers first?

Send the complete complaint or authority document, attachments, receipt evidence and earlier replies.

Add the relevant privacy notice, processing description, supplier documents and proposed response.

Identify any deadline already stated and any suspected security incident so the review can be scoped promptly.

Sunlit desk with business documents, a receipt and the title “ANPC Fine” for an Atrium guide to challenging a consumer-protection fine in Romania

How to Challenge an ANPC Fine in Romania: A Business Owner’s First Decisions

Romanian Consumer Protection · Business Guide

An ANPC inspection can leave a business with a contravention report, a fine and instructions that affect sales or operations. The first decision is to identify each document, record when it was handed over or communicated, and preserve the evidence behind the alleged breach. A complaint against the fine normally has a 15-day window. A separate ANPC measure may require its own response.

In brief

Can a company challenge an ANPC fine in Romania? Yes. A business can generally challenge the contravention report (proces-verbal de constatare și sancționare a contravenției) by filing a plângere contravențională with the competent judecătorie within 15 days of handover or communication. The current text of Article 32(1) of OG no. 2/2001 provides alternative territorial jurisdiction at the court for the place of the alleged contravention or the court for the company’s registered office; verify any applicable special rule before filing.

Before you pay or file: check the legal basis for the sanction, the wording of the report, the evidence, any separate corrective measure and whether a special consumer-protection rule changes the ordinary procedure. Under Article 32(3) of OG no. 2/2001, filing a complaint has suspensive effect with respect to the challenged contravention sanctions, subject to any applicable special statutory provisions. Do not assume it suspends a distinct order or every operational obligation.

What exactly did ANPC issue?

ANPC, Romania’s National Authority for Consumer Protection, may inspect pricing, consumer information, commercial practices, contract terms, product conformity or complaint handling. The business response depends on the act received, the legislation cited in it and the measures it actually imposes. Start by separating the alleged contravention from the operational work required to protect consumers. Special consumer-protection legislation may derogate from the general contraventions regime: verify the statutory basis cited in the ANPC report before relying exclusively on OG no. 2/2001. If the allegation concerns unfair commercial practices, examine the applicable provisions of Law no. 363/2007 on unfair business-to-consumer practices; for service terms, see our guide to service contract requirements in Romania.

Sanction

Contravention report

Records the alleged offence and a fine or other contravention sanction. The ordinary challenge is the 15-day court complaint.

Measures

Corrective instruction

May require changes to information, sales or goods. Identify whether it appears in the report or in a separate instrument, and check its own deadline and legal route.

Consumer

Underlying complaint

A refund, repair or disputed term may remain commercially and legally relevant even while the business challenges the sanction.

Practical example: if inspectors allege that a retailer showed the wrong online price, preserve the version of the product page seen by consumers, logs showing when the price changed, advertising, order records and the inspection documents. Correcting a live listing may limit ongoing exposure, but it does not erase what happened earlier.

The first 48 hours: preserve options and evidence

There is no general “48-hour appeal” under the current text of OG no. 2/2001. The first 48 hours are an internal triage window: they are useful because website content, stock records, CCTV and staff recollections can change quickly. Put someone in charge of one dated file and avoid overwriting the version that inspectors assessed. The ANPC inspection procedure approved by Order no. 1.601/2024 is an additional official reference when reviewing how the inspection was conducted.

  1. Log receipt. Keep the entire report, annexes, proof of handover or delivery, and every separate order. Record the company’s name and registered office shown on each act.
  2. Map the accusation. List each alleged act, date and place, the cited legislation, fine range, imposed amount and any remedial obligation.
  3. Secure evidence. Export time-stamped site captures, product labels, point-of-sale records, customer correspondence, policies, supplier documents and staff notes where relevant.
  4. Assign two owners. One person handles the court deadline and legal response; another checks ongoing consumer-facing compliance and any immediate measure.
  • Inspection file: signed report, annexes, objections, photographs, delivery evidence.
  • Transaction file: offer, label, contract, receipt, invoice, correspondence.
  • Digital proof: dated pages, campaign settings, change logs, checkout screenshots.
  • Remedy file: corrected information, customer response, internal decisions.

Build a timeline that can be checked

A useful defence file shows when each version of a consumer-facing statement existed. For an ecommerce business, collect the product-page version, campaign copy, checkout information and order confirmation for the relevant period. For a physical shop, gather shelf labels, photographs, point-of-sale settings and the record of any price change. Note the time zone used in digital exports and identify who can explain how each system stores its data. If a document was created after the inspection, label it as a later document rather than presenting it as contemporaneous proof.

Keep the authority’s documents in the same chronology: date of inspection, date on the contravention report, date of handover or communication, and the stated start date for each separate measure. The report date alone does not answer every deadline question. A one-page chronology with references to the original files helps management and counsel locate contradictions without relying on memory or a collection of unsorted screenshots.

Which deadline and court apply to an ANPC fine?

Article 31 of OG no. 2/2001, the Romanian contraventions ordinance, gives 15 days from the handover or communication of the contravention report to lodge the complaint. In the current consolidated text, Article 32(1) expressly provides alternative territorial jurisdiction at the judecătorie for the place where the contravention occurred or the judecătorie for the company’s registered office. Check the text in force, any special consumer-protection rule, the date and method of communication, and the exact act you seek to challenge before filing.

Court fee: the complaint is currently subject to a judicial stamp fee of RON 20 under Article 19 of OUG no. 80/2013. Confirm the payment instructions and proof required by the court when lodging the complaint.

Click or tap a document in the table to see what to verify first.

ANPC document → first procedural decision
Document or decisionFirst questionUsual route to checkImmediate business action
When was the report handed over or communicated?Contravention complaint within 15 days under OG no. 2/2001, subject to applicable special rules.Calendar the deadline; collect the complete report and proof of service.
Is it a complementary sanction or another measure?Read the cited law and ask whether the contravention court can review it and what a complaint suspends.Check the stated implementation date and consumer exposure.
What instrument creates the obligation?Determine its individual challenge and suspension route; the fine complaint may be insufficient.Preserve the decision and obtain urgent review if operations are affected.
What did the consumer buy and what remedy applies?Assess the contract and consumer law independently of the fine challenge.Keep correspondence and avoid inconsistent customer messages.
Does this particular fine qualify, and what is the statutory minimum?General OG no. 2/2001 rule: half of the statutory minimum within 15 days, where applicable.Check the report and special law; record any payment separately from a court filing.
Select a document to inspectIts first practical check will appear here. The applicable statute and the precise ANPC act govern the legal route.

Document route selector

Click a card to reveal the corresponding response route.

Choose the document that needs your next decision. The suggested check is informational; it does not calculate a deadline.

Track the court complaint

Find proof of handover or communication; check the cited law; prepare the evidence and the complaint for the competent judecătorie before the 15-day limit.

What grounds can support a complaint?

The court examines both legality and the merits of the accusation. A company can challenge the report’s statutory elements, the proof that the conduct happened as alleged, the application of the consumer-protection rule, or the proportionality of the sanction. A useful complaint connects each ground to a document or factual contradiction, rather than simply stating that the fine is too high.

Legality

Does the report contain the required information?

Articles 16 and 17 of OG no. 2/2001 regulate the report’s contents and certain grounds for nullity. For a company, check the correct entity, registered office, alleged act and date, the agent’s signature and the applicable provision. Formal defects have different legal effects; avoid assuming every typo voids a report.

Merits

Can the allegation be proved?

Compare the inspector’s account with original price displays, actual contracts, product and order data, timestamps and customer communications. Explain what the evidence shows at the relevant time, including any later corrections.

Proportionality

Does the sanction fit the facts?

Article 21(3) requires the sanction to be proportionate to the seriousness and circumstances of the act. Evidence on scale, effects, recurrence, prior compliance and corrective action can be relevant; none guarantees a warning or reduction.

Scope

Is the cited rule the right one?

Consumer-protection instruments cover different conduct. Verify whether the factual allegation meets the elements of the specific provision and whether the correct business entity was sanctioned.

The right to put objections in the report at the inspection stage is addressed by Article 16(7). If the company made objections, keep the contemporaneous version and note whether they were recorded under “Alte mențiuni”. Assess the effect of an omission under the applicable law and case law; it is not a substitute for filing a timely complaint. Where the dispute involves contractual wording or customer disclosures, our contract review guide offers a broader checklist for analysing clauses and supporting documents.

A practical example: a disputed online promotion

Suppose an online retailer is fined because ANPC says a campaign displayed one price but the customer saw another at checkout. This is an illustration, not a description of a client matter. The business should preserve the campaign settings, dated page captures, checkout logs, order confirmations and evidence of any technical change. It should identify the products and transactions actually affected and compare those records with the facts and time period written in the report. If a separate measure requires the retailer to change or stop a promotion, that instruction needs its own urgent operational review.

A complaint could address whether the cited consumer-protection rule fits the established facts, whether the report accurately identifies the relevant display and whether the chosen sanction is proportionate. If the business corrected the page after the inspection, the correction should be documented with its true timestamp. It may matter to continuing compliance and proportionality, but does not automatically prove that the earlier display was compliant. The decisive evidence will depend on what the report actually alleges and on the applicable special legislation.

Pay the reduced fine, challenge it, or both?

Under the general text of Article 28(1) of OG no. 2/2001, a person may pay half of the statutory minimum fine within 15 days from handover or communication of the report. That figure is not necessarily half the amount imposed by the inspector. Special regimes can change availability or calculation, so verify the legal provision, fine range and the wording of the report before paying.

The discount window and the court complaint window serve different purposes. A payment is not a court complaint; an intention to challenge is not proof of payment. If the business considers both routes, document the financial decision and file any intended complaint within its own deadline. Seek advice on the effect of any payment and on recovery if the sanction is later set aside.

Potential cost beyond the fine: a stop-sale measure, relabelling, refunds, marketplace changes, suppliers and publicity can matter more than the fine. Map the operational obligations and keep a record of steps taken to protect consumers.

What happens after a complaint is filed?

Under Article 32(3) of OG no. 2/2001, filing a contravention complaint has suspensive effect with respect to the challenged contravention sanctions, subject to any applicable special statutory provisions. The judecătorie examines legality and merits, including the evidence and the sanction, under Article 34. The court may uphold or set aside the report or alter the sanction where legally justified. A court result depends on the specific act, the evidence and the applicable special legislation.

Do not treat the fine challenge as permission to ignore a distinct ANPC order. If the authority issued a separate decision to restrict activity, withdraw products or implement another measure, ask for document-specific advice on the challenge route and possible suspension. Compliance work and litigation preparation can proceed in parallel. Once the court assigns a case number, publicly available listing information can be checked on the Romanian courts’ case portal.

Primary legal sources: OG no. 2/2001, consolidated text on the Romanian Legislative Portal, especially Articles 16–17, 21, 28 and 31–34; and Article 19 of OUG no. 80/2013 on the judicial stamp fee. Check the sector-specific law cited in your ANPC report and the legislation in force when filing.

A Typical Client Journey Following an ANPC Inspection

While every ANPC matter depends on its own facts, documents and applicable legislation, many businesses face similar practical challenges after an inspection. The example below reflects issues Atrium commonly helps clients address when responding to ANPC reports and related measures.

1. Understanding exactly what was issued

Many businesses initially focus on the amount of the fine. In practice, the first step is usually identifying every document issued during the inspection, distinguishing between the contravention report itself and any additional measures affecting sales, products, advertising or customer communications.

2. Preserving the evidence before it changes

Consumer-facing information often changes quickly. Online content may be updated, promotions may end and stock or pricing data may be overwritten. For this reason, businesses commonly need to preserve screenshots, transaction records, website histories, customer correspondence and internal files before conducting further operational changes.

3. Reviewing the legal basis of the allegations

The next stage is usually a detailed comparison between the factual allegations recorded by ANPC and the documents available to the business. This includes checking the legal provisions cited by inspectors, analysing whether the evidence supports the allegations and assessing any issues relating to proportionality or procedural compliance.

4. Managing compliance while evaluating legal options

A recurring challenge is that legal assessment and business operations must continue at the same time. Companies frequently need to evaluate complaint deadlines while also reviewing customer-facing practices, implementing corrective actions and managing ongoing consumer obligations.

5. Making an informed response decision

Once the relevant documents, evidence and timeline have been assembled, management can evaluate the available procedural options, commercial risks and compliance considerations. In our experience, organising the file early often makes a significant difference because deadlines, evidence preservation and operational measures frequently develop in parallel.

Our experience shows that the largest business risk is not always the fine itself. Operational restrictions, compliance measures, customer claims, reputational issues and evidence preservation frequently have a greater long-term impact than the monetary sanction.

What does an ANPC defence file need?

A lawyer assessing the case needs the complete document set, not only a photograph of the fine amount. Send the report and annexes, proof of communication, any separate orders, the customer transaction, inspector photographs if received, and the internal records that show how the product, price or service actually appeared at the time. Include the company’s registered office, a short timeline and who was present at the inspection. Our litigation practice overview explains how document review, evidence and representation fit into a court dispute.

Related Guides

Frequently asked questions

How long does a company have to challenge an ANPC fine?

Under the general rule in OG no. 2/2001, a contravention complaint must be filed within 15 days from handover or communication of the report. Check the specific statute and the proof of service in your case.

Which Romanian court hears a complaint against an ANPC contravention report?

The current text of Article 32(1) of OG no. 2/2001 provides a choice between the judecătorie for the place of the alleged contravention and the judecătorie for the company’s registered office. Verify the text in force and any applicable special law before filing.

Does filing a complaint suspend an ANPC fine?

Under Article 32(3) of OG no. 2/2001, filing a contravention complaint has suspensive effect with respect to the challenged contravention sanctions, subject to any applicable special statutory provisions. A separate ANPC decision or obligation needs its own analysis.

How much is the court fee for challenging a contravention report?

The complaint is currently subject to a judicial stamp fee of RON 20 under Article 19 of OUG no. 80/2013. Confirm the court’s payment instructions and retain proof of payment.

Is the reduced payment half of the fine ANPC imposed?

Under the general rule, it is half of the minimum fine set by the applicable legislation, payable within 15 days from handover or communication. Confirm that the reduction is available for the particular contravention and check for special rules.

Can the business correct a problem and still contest the fine?

Corrective action and a contravention complaint address different issues. Keep proof of what was changed and when, while assessing the report and meeting the filing deadline. A later correction does not by itself erase the alleged earlier event.

Does paying the fine count as a challenge?

No. Payment and a court complaint are separate actions with separate purposes. If both are being considered, check the legal consequences and submit the complaint on time.

Need to respond to an ANPC report?

Send Atrium the full report, proof of delivery, any separate ANPC decision and a short account of the inspection. We can assess the relevant deadline, the evidence and the available response for your business.

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