29.08.2024

The Authority has launched for public consultation a new version of the draft decision on the information procedure for intermediary service providers, which has been simplified compared to the initial approach. Information regarding the services offered will be transmitted by the providers through the "My ANCOM" service.

Establishing an information procedure to be followed by intermediary service providers whose place of establishment is in Romania, ANCOM - in its capacity as Digital Services Coordinator - aims at achieving greater transparency regarding the activity of the providers in Romania, within the meaning of the provisions of Law no. 50/2024. This will help efficient communication between providers and ANCOM, while enabling a more accurate view on the size and trends of the market in which these intermediary service providers operate. Furthermore, with a view to protecting the rights of the recipients of services provided by intermediary service providers, better knowing and identifying those providers facilitates ANCOM’s activity of supervising compliance with the provisions of the Digital Services Act.

Information procedure for intermediary service providers

The information procedure applies both to providers of intermediary services already on the market at the entry into force of the Decision and to those which will subsequently offer at least one of the following types of intermediary services: simple transmission, caching, hosting (to the extent that the provider makes available the technical storage infrastructure necessary for the provision of the service) or online search engines.

Thus, intermediary service providers who have their main place of establishment in Romania or whose legal representative is established in Romania must send to ANCOM, to informare.dsa@ancom.ro, within 45 days from the date of starting service provision - or from the date of entry into force of the decision, as the case may be -, a notification containing their identification data,  including the URL or - where applicable - URLs containing information about them.

According to the new version of the decision, after receiving the information, ANCOM creates individual accounts for access to the "My ANCOM" service.

The information to be submitted to ANCOM is contained in the annex to the draft decision.

Public consultation for the amendment of Decision no. 336/2013

ANCOM has also published for public consultation the amendment of Decision no. 336/2013, for aligning the way in which the Authority transmits the unique password to postal services providers, by electronic means, as well as the username for the reporting application - in the case of natural person providers under ANCOM Decision no. 423/2023.

Public consultation process

The draft decision on the information procedure for intermediary service providers is available, in Romanian, here, whereas the draft decision on amending and completing the Decision of the President of the National Authority for Administration and Regulation in Communications no. 336/2013 is available, in Romanian, here. Interested persons can submit comments and proposals until 09.09.2024, to ANCOM's headquarters (2 Delea Noua Street, 3^rd District, Bucharest), through the Online Registry or through the ANCOM regional divisions. Comments can also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.ro.