26.09.2024

For the implementation of the European Regulation on digital services at national level, ANCOM has been designated by law as the Digital Services Coordinator in Romania. The Authority's role is to coordinate the application of the Digital Services Act (DSA) at national level, being responsible for supervising and ensuring compliance with these legal provisions in Romania. ANCOM is also a contact point in relation to the European Commission and the other Digital Service Coordinators designated according to the DSA.

ANCOM is Digital Services Coordinator in Romania

With the entry into force of Law no. 50/2024, ANCOM became the Digital Services Coordinator (DSC), being the authority responsible for all aspects related to the supervision and enforcement of the Digital Services Act. Thus, ANCOM drafts secondary legislation and is the single contact point regarding the reporting of data and/or information to the European Commission and/or to the Digital Services Coordinators in the other Member States of the European Union.

Moreover, as DSC, ANCOM is a member of the European Digital Services Board - an independent advisory body made up of digital services coordinators from EU member states.

ANCOM supervises intermediary service providers

ANCOM has the competence to supervise and ensure the intermediary service providers’ compliance with the Digital Services Act in Romania.

Intermediary services are specific information society services, normally provided for remuneration, at a distance, by electronic means and at the individual request of the recipient of the service, such as simple transmission, caching or hosting services.

The main categories of obligations of intermediary service providers are presented on the web page https://infocentru.ancom.ro/servicii-intermediare.

In relation to the recipients of these services, providers must fulfil a series of general obligations, such as:

• designating a single contact point and a legal representative to communicate with them;
• publishing the terms and conditions of use of the services in clear, simple, intelligible, accessible language, including the policies, procedures, measures and tools used for the purpose of content moderation, as well as the rules of procedure of the internal complaints system;
• making clear and understandable reports available to the public, at least once a year, on any content moderation they have carried out during the relevant period.

ANCOM settles complaints regarding DSA violations

If the recipient of an intermediary service domiciled or established in Romania considers that the provider of that service does not fulfil its obligations under the Digital Services Act, it has the right to lodge a complaint with ANCOM, on its own behalf or through its representative. The complaint may also be lodged by a body, organisation or association mandated by the addressee to exercise its rights. If the complaint concerns an alleged infringement of the Digital Services Act by an intermediary service provider established in another EU Member State, ANCOM forwards the complaint to the coordinator in that Member State.

The complaint procedure is available here https://www.ancom.ro/legislatie_7090 And users can follow the steps here https://infocentru.ancom.ro/depunerea-unei-plangeri-la-ancom/.

ANCOM grants the status of Trusted Flagger

In its capacity as coordinator of digital services, ANCOM grants, upon request, the Trusted Flagger status can be granted to any entity established in Romania that cumulatively meets the conditions set out in the Digital Services Act. Such entities must have specific expertise and competences in detecting, identifying and notifying illegal content, be financially independent of any provider of online platforms and submit notifications with diligence, accuracy and objectivity.

ANCOM certifies out-of-court settlement bodies

Out-of-court dispute settlement bodies are independent bodies that have the necessary means and knowledge to assess issues related to one or more specific areas of illegal content or in relation to the application and enforcement of the general terms of use of one or more types of online platforms.

ANCOM, as Digital Services Coordinator, established the Certification procedure of these bodies, under the conditions set out in the Digital Services Act.

Important!

ANCOM cannot rule on the legality or illegality of published content that does not fall within its scope of competence. Public authorities or institutions with responsibilities in relation to the supervision of a particular sector or field of activity, referred  to as relevant authorities, have the possibility to issue orders against illegal content or orders to provide information, in accordance with Articles 9 and 10 of the Digital Services Act. 

Orders may also be issued by judicial authorities in the context of actions, activities or procedures carried out by them according to the legal powers conferred.

That is, the authorities that have competences in the offline environment in a certain field, have the same competences in the online environment as well. Thus, authorities can take action against illegal content online depending on the domain they manage.