25.04.2025

Following the receipt of complaints on this matter, the National Authority for Management and Regulation in Communications (ANCOM) informs users of very large online platforms about the mechanisms available in case of suspension, restriction or closure of their accounts.

There are certain restrictions that providers of online platforms may impose on users on the grounds that the information they provide constitutes illegal content or is incompatible with the general terms of use of the platforms ‘services: restrictions on the visibility of certain information provided by the user, including removing, blocking, or demoting content; suspension, cessation or other restrictions of monetary payments, full or partial suspension or cessation of service provision, suspension or closure of the user`s account.

Platforms are required to provide user subject to such restrictions with a clear and specific explanatory statement, containing at least the following information: type of restriction, the territorial scope of the decision and its duration, facts and circumstances considered, information on whether automated decision-making tools were used, reference to the legal or contractual basis invoked, clear and understandable information about the appeal mechanisms available, in particular, internal complaint resolution mechanisms, out-of-court dispute settlement and judicial remedies. This applies only if the provider has the user`s electronic contact information. Furthermore, this obligation does not apply if the information concerned constitutes misleading content of wide circulation or if the restriction has been applied following an order to act against illegal content issued by a relevant authority.

At the same time, platforms must provide users with access to an effective internal complaint-handling system that allows them to submit complaints electronically and free of charge, in relation with the decision taken by the online platform provider.

If the user is not satisfied with the outcome of the internal complaint-handling systems, he can contact a certified out-of-court dispute settlement body. These bodies are certified by the Digital Services Coordinators in their country of establishment. An updated list is available here.

What and where to complain

A user affected the suspension/restriction of closure of his account on VLOP must first contact the platform directly through the online tools made available by it.

If, as a result of the steps taken within the online platform in question, the user still considers that the platform does not comply with the obligations to send an explanatory statement or to provide a mechanism for submitting complaints, the user may submit a complaint to ANCOM  in this regard, accompanied by conclusive evidence (for each step taken), using the dedicated form. According to the provisions of DSA, ANCOM can settle the complaint if the provider of online platform is established in Romania or can submit the complaint to the digital services coordinator in the country where the platform is based.

General Information

Starting with 2024, according to Law no.50/2024, ANCOM was designated as the Digital Services Coordinator, being responsible for ensuring compliance with obligations incumbent on intermediary services providers established in Romania. DSA applies to all intermediary services (including online platforms) provided within the EU. Each member state`s digital services coordinator ensures compliance with the obligations by the providers of intermediary services or by their legal representative within their jurisdiction.

European Commission has exclusive competence to supervise and enforce the obligations imposed only on very large online platforms and very large online search engines (VLOPSEs). For the rest of the obligations incumbent on VLOPSEs under the DSA, responsibility is shared between the European Commission and the DSC of the country of establishment of the VLOPSE. Details about designated VLOPSEs and the main activities of the Commission can be found here.

The Digital Services Act does not contain censorship tools and does not provide legal grounds for content legality assessment but ensures that platforms respect users` rights to freedom of expression when removing illegal content.

For the users of intermediary services, ANCOM has detailed all the relevant information about ANCOM`s role as a DSC, what constitutes illegal content, who can submit a complaint, what services can be targeted under Article 53 of DSA and how to report illegal content. More info is available in a dedicated section on the ANCOM InfoCenter.