Introduction

The rapid increase of internet services that has captured both business and the consumer interest in electronic commerce, with its reduced costs and speed in performing the transactions, has been a substantial boon to high tech savvy Romania. E-commerce has given a strong push to small and medium sized companies to use the internet to increase their business and has allowed access to goods and services by Romanian consumers that could not have otherwise been realized.

With such growth, come significant issues that need solutions – for instance, how to best ensure the protection of customer’s personal information; or how to secure electronic contracts; or how to avoid spam and scams. In response to these issues, and with an eye towards Romania’s accession to the European Union (“EU”), Romania adopted Law 365/2002 on electronic commerce (“Law 365”), actually transposing the provisions of the Directive adopted in this field by the EU. There are also other laws regulating different aspects of electronic commerce.

Freedom to provide “services in the informational society”

In full compliance with the provisions of the directive adopted at the EU level, Law 365 establishes the principle of freedom to provide “services in the informational society,” meaning that, in order to provide such services, a company does not need any prior authorization, the services being provided in compliance with the principles of fair trade and free competition. According to Law 365, a “service in the informational society” means any activity providing services or involving the creation, amendment, transfer or termination of a real right on a fixed includes all of the following characteristics: is performed in exchange for something of value to the supplier usually by the recipient, where the supplier and the recipient do not have to be physically