Data Protection Regulations in Romania: Compliance and Enforcement

Understanding the data protection regulations in Romania is crucial for businesses to ensure compliance with the GDPR and other relevant laws.

In Romania, the data privacy provisions align with the EU General Data Protection Regulation (GDPR), with the main statute being the GDPR itself, supplemented by Law 190/2018.

Specific privacy matters related to e-commerce are addressed by Law 365/2002, while criminal matters involving personal data are governed by Law 363/2018.

The National Supervisory Authority for Personal Data Processing (ANSPDCP) is responsible for enforcing data privacy legislation in Romania.

The ANSPDCP has the authority to carry out investigations, handle complaints, impose corrective measures, and apply administrative fines.

It is important to note that industry standards and best practices have not yet been formally recognized by the ANSPDCP.

The GDPR has an extraterritorial application in Romania, meaning it applies to companies that process the personal data of individuals residing in the EU.

Key terms in the data privacy context include data processing, data processor, data controller, data subject, personal data, sensitive personal data, and consent.

Unlike some other countries, registration of data controllers and processors is not mandatory in Romania.

However, the GDPR does introduce new requirements for consent and grants data subjects new rights, such as the right to erasure and data portability.

It is important for businesses to understand their obligations as data controllers, as well as the direct obligations of data processors.

Under the GDPR, companies must keep records of their processing activities and conduct Data Privacy Impact Assessments (DPIAs) in certain cases.

Additionally, the appointment of a Data Protection Officer (DPO) is mandatory for certain entities.

Compliance with the data protection regulations in Romania is essential for businesses to protect the privacy rights of individuals and avoid potential penalties.

For legal assistance and guidance in navigating the data protection regulations in Romania, businesses can seek the expertise of Atrium Romanian Lawyers, who specialize in data protection and privacy law.

The Legal Framework for Data Protection in Romania

The legal framework for data protection in Romania is primarily based on the GDPR and Law 190/2018, with additional regulations for specific sectors and criminal matters.

The main statute, the General Data Protection Regulation (GDPR), sets out the overarching principles and requirements for data protection in Romania, ensuring consistency with EU standards.

Law 190/2018 supplements the GDPR by providing further details and specifications.

In addition to the GDPR and Law 190/2018, Romania has specific regulations for certain sectors.

For instance, Law 365/2002 regulates data privacy matters in the context of e-commerce, transposing the EU E-commerce Directive into national law.

Law 363/2018 governs the processing of personal data in criminal matters, addressing the unique challenges and considerations associated with law enforcement activities.

The National Supervisory Authority for Personal Data Processing (ANSPDCP) is responsible for enforcing data privacy legislation in Romania.

The ANSPDCP has the power to conduct investigations, handle complaints, impose corrective measures, and apply administrative fines.

While industry standards and best practices have not yet been recognized by the ANSPDCP, it is important for organizations to adhere to the GDPR and Romanian data protection laws to ensure compliance and protect individuals’ rights.

Atrium Romanian Lawyers

Atrium Romanian Lawyers, a leading law firm in Romania, specializes in providing legal advice and assistance on data protection matters.

With a team of highly experienced Romanian lawyers, Atrium Romanian Lawyers can help businesses navigate the complex legal landscape and ensure compliance with data privacy regulations.

Our expertise extends to both the GDPR and Romanian data protection laws, enabling us to provide comprehensive and tailored solutions to clients.

Whether you need assistance with compliance assessments, data breach management, or the appointment of a Data Protection Officer (DPO), Atrium Romanian Lawyers can provide the guidance and support you need.

Key Terms and Requirements for Data Protection in Romania

Understanding key terms and requirements is essential for businesses to navigate data protection regulations in Romania, with resources like dataprotection.ro providing valuable information.

In Romania, data privacy provisions align with the EU General Data Protection Regulation (GDPR), which is supplemented by Law 190/2018.

Specific privacy matters related to e-commerce are regulated by Law 365/2002, while data processing in criminal matters is governed by Law 363/2018.

Key terms in the data privacy context include data processing, data processor, data controller, data subject, personal data, sensitive personal data, and consent.

It is crucial for businesses to have a clear understanding of these terms to ensure compliance with Romania’s data protection laws. While registration of data controllers and processors is not mandatory, companies must comply with the GDPR’s requirements for consent and keep records of processing activities.

The GDPR grants data subjects new rights, such as the right to erasure and data portability.

It defines data controllers as those who determine the purposes and means of data processing, while data processors have direct obligations.

Businesses are also required to conduct Data Privacy Impact Assessments (DPIAs) in certain cases and appoint a Data Protection Officer (DPO) for certain entities.

Compliance Measures and New Obligations under the GDPR

The GDPR has brought new compliance measures and obligations for businesses in Romania, including requirements for consent, data subject rights, and the appointment of Data Protection Officers (DPOs).

Under the GDPR, consent must be freely given, specific, informed, and unambiguous, and individuals have the right to withdraw their consent at any time.

Data subjects also have expanded rights, such as the right to access their personal data, the right to rectify inaccuracies, the right to erasure (also known as the “right to be forgotten”), and the right to data portability.

Furthermore, the GDPR introduces the concept of a Data Protection Officer (DPO), whose role is to ensure compliance with data protection laws and act as a point of contact for data subjects and supervisory authorities.

In Romania, the appointment of a DPO is mandatory for certain entities, including public authorities, organizations that process large amounts of sensitive data, and entities engaged in the regular and systematic monitoring of data subjects on a large scale.

While registration of data controllers and processors is not mandatory in Romania, businesses are required to keep records of their processing activities.

These records must detail various aspects of data processing, such as the categories of personal data being processed, the purposes of processing, and any recipients of the data.

Additionally, under the GDPR, businesses may be required to conduct Data Privacy Impact Assessments (DPIAs) to evaluate the potential impact of their processing activities on the protection of personal data.

Overall, the GDPR has established a comprehensive framework for data protection in Romania, aligning the country’s data privacy provisions with EU standards.

These new compliance measures and obligations aim to strengthen individuals’ rights over their personal data and ensure that businesses handle data in a responsible and transparent manner.

It is crucial for businesses in Romania to understand and comply with these regulations to avoid potential fines and reputational damage.

Data Protection Regulations in Romania – FAQ

1. What is the main data protection law in Romania?

The main data protection law in Romania is the General Data Protection Regulation (GDPR), which is enforced by the National Supervisory Authority for Personal Data Processing.

2. What is the scope of the GDPR?

The GDPR applies to the processing of personal data in the context of the activities of an establishment in Romania, regardless of whether the processing takes place in the EU or not.

3. What is considered as personal data under Romanian law?

Personal data, as defined by Romanian law, includes any information relating to an identified or identifiable natural person.

4. What are the rights of data subjects under the GDPR?

Data subjects have the right to access their personal data, rectify any inaccurate data, erase their data, restrict or object to the processing of their data, and receive their data in a structured, commonly used, and machine-readable format.

5. Are there any special categories of personal data that require additional protection?

Yes, there are special categories of personal data, such as biometric data, that require additional protection under the GDPR. Processing such data is only allowed under specific conditions.

6. What are the obligations of a data controller under Romanian data protection law?

A data controller is required to implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data, notify data breaches to the National Supervisory Authority, and obtain the explicit consent of the data subject for processing their data.

7. Can personal data be transferred outside of Romania?

Yes, personal data can be transferred outside of Romania, but it must be done in compliance with the GDPR.

Such transfers may require additional safeguards, such as the use of standard contractual clauses.

8. What should a data controller do in case of a personal data breach?

In case of a personal data breach, the data controller must notify the National Supervisory Authority without undue delay and, if the breach is likely to result in a high risk to the rights and freedoms of individuals, also inform the affected data subjects.

9. Is it mandatory to appoint a Data Protection Officer (DPO)?

Under certain circumstances specified in the GDPR, it is mandatory for a data controller or processor to appoint a Data Protection Officer.

However, the appointment of a DPO is generally recommended as it helps with ensuring compliance with data protection regulations.