Distributes a software product, in Romania

Ordonanța de urgență a Guvernului nr. 140/2021 privind anumite aspecte referitoare la contractele de vânzare de bunuri, art. 6 și 18 · Read the law's page

• If you sell goods with digital elements to a consumer in Romania, ensure that the consumer is informed about updates and is supplied with the updates, including security updates, needed to keep the goods in conformity, for the period the consumer can reasonably expect where the sale contract provides a single act of supply of the digital content or service (Article 6(3)(a)).
• Where the sale contract provides continuous supply of the digital content or service over a set period, supply those updates for the periods in Article 9(3) and (4): two years from delivery for goods with an average period of use of up to five years, five years from delivery for goods with a longer average period of use, and the contractual supply period where it exceeds five years (Article 6(3)(b)).
• Supply goods with the durability, functionality, compatibility and security that are normal for goods of the same type and that the consumer can reasonably expect (Article 6(1)(d)).
• Tell the consumer that an update is available and what follows if it is not installed, and give installation instructions without deficiencies, to rely on the consumer's failure to install it (Article 6(4)).

Legea nr. 232/2022, art. 10, 11 și 12 privind cerințele de accesibilitate aplicabile produselor și serviciilor · Read the law's page

• If you distribute a product listed in Article 2(1) or (2) and make it available on the market after 28 June 2025, make available only a product that meets the accessibility requirements of Annex 1 (Art. 10(1); implements Directive (EU) 2019/882, Art. 10(1)).
• Before making a product available, check that it bears the CE marking, that it is accompanied by the documents of Article 7(2) and by instructions and safety information in Romanian, and that the manufacturer and the importer met their identification and contact duties (Art. 10(2)(a) to (c)).
• If you consider or have reason to believe that a product does not meet the accessibility requirements, inform the manufacturer or importer and the authorities of Article 19(1) and of the Member States where you made it available, and do not make it available until it is compliant (Art. 10(2)(d)).
• While a product is your responsibility, keep storage and transport conditions from jeopardising its conformity with the accessibility requirements (Art. 10(2)(e)).
• If you consider or have reason to believe that a product you made available does not meet the accessibility requirements, inform the authorities at once with details of the non-conformity and the corrective measures, and make sure the corrective measures are taken or the product is withdrawn (Art. 10(2)(f)).
• On the reasoned request of an authority of Article 19(1), supply all information and documentation needed to show the product's conformity, and cooperate with it (Art. 10(2)(g) and (h)).
• On request, identify to the authorities the operator that supplied you a product and the operator you supplied it to, and keep that information for five years (Art. 12).
• If you make a product available under your own name or trademark, or modify a product already on the market in a way that may affect conformity, you take on the manufacturer's duties under Article 7 (Art. 11).
• If an authority of Article 19(1) finds that a product does not comply, take all corrective action within the reasonable period it sets, withdraw the product within the further period it sets if you have not, make sure the corrective action covers every product concerned that you made available in the European Union, and end any formal non-compliance it notifies under Article 22(1) (Art. 20(2), (3) and (6) and 22(1); Directive (EU) 2019/882, Art. 20 and 22).
• The fundamental-alteration and disproportionate-burden limit of Article 14(1) is assessed and documented by each economic operator that relies on it, distributors included; before making the product available, check that it bears the CE marking and comes with the documents of Article 7(2), including the EU declaration of conformity, which names the requirements the exception covers (Art. 10(2)(a) and (b), 14(2) and (3), 16(1)).
• The court access of Article 26 and the contraventions of Article 27 do not apply to procurement procedures governed by Law 98/2016 and Law 99/2016 (Art. 26(2) and 27(6)).

Legea nr. 232/2022, art. 14, 15, 16 alin. (1), art. 19 alin. (3), art. 24 alin. (2) și art. 29 privind cerințele de accesibilitate aplicabile produselor și serviciilor · Read the law's page

• If you are a manufacturer, authorised representative, importer, distributor or service provider that relies on that limit, carry out the assessment of fundamental alteration or disproportionate burden on the criteria of Annex 6, keep the result for five years from the last time you made a product available or provided the service, and send a copy to the authorities of Article 19(1) on request (Art. 14(2) and (3)).
• If you are not a microenterprise and rely on Article 14(1) for a product or service, send information to that effect to the authorities of Article 19(1), or to the responsible authorities of the Member State where the product is placed on the market or the service is provided (Art. 14(7)).
• If you provide a service and rely on the disproportionate-burden limit, renew the assessment for each category or type of service when the service is changed, when the authorities ask, and at least every five years (Art. 14(5)); you cannot rely on the limit for a requirement where you received funding from a source other than your own resources to improve accessibility (Art. 14(6)).
• If you rely on the Article 14 exemption for a product, state in the EU declaration of conformity the accessibility requirements that the exemption covers (Art. 16(1)).
• The accessibility requirements of points 1 to 4 of Annex 1 apply to a product or service only so far as compliance does not require a significant change that fundamentally alters its basic nature and does not impose a disproportionate burden on you (Art. 14(1); implements Directive (EU) 2019/882, Art. 14(1)).
• A microenterprise that deals with products need not keep the assessment for five years, but must give the relevant assessment data to an authority of Article 19(1) that asks for it where it applies Article 14(1) (Art. 14(4)).
• A product or service that meets the national standards of other Member States adopting harmonised standards, or technical specifications, is treated as meeting the accessibility requirements to the extent those standards or specifications cover them (Art. 15).
• A product or service whose features, elements or functions meet the requirements of point 6 of Annex 1 is treated as meeting the relevant accessibility obligations of other acts of the European Union for those features, elements and functions, unless those acts provide otherwise (Art. 24(2); implements Directive (EU) 2019/882, Art. 24(2)).
• Until 28 June 2030 you may keep providing services with the products you used to provide similar services before that date, and service contracts concluded before 28 June 2025 stay valid without changes until they expire, for no more than five years from that date (Art. 29(1); Directive (EU) 2019/882, Art. 32(1)). Self-service terminals you used to provide services before 28 June 2025 may be used for similar services for no more than 20 years after they came into use (Art. 29(2); Directive (EU) 2019/882, Art. 32(2)).

Legea nr. 232/2022, art. 2 alin. (1)-(2), art. 4 alin. (1)-(2), art. 7-8, 11-12 și 16-18, anexele nr. 1 (pct. 1-2) și 4 privind cerințele de accesibilitate aplicabile produselor și serviciilor · Read the law's page

• If you manufacture a product listed in Article 2(1) or (2) (a consumer general purpose hardware system or its operating system, consumer terminal equipment with interactive computing capability for electronic communications or for access to audiovisual media services, an e-reader, or a self-service payment, banking, ticketing, check-in or information terminal other than one installed as an integrated component of a vehicle, aircraft, ship or rolling stock) and place it on the market after 28 June 2025, design and make it to the accessibility requirements of points 1 and 2 of Annex 1 (Art. 4(1) and 7(1); implements Directive (EU) 2019/882, Art. 4(1) and (2) and Art. 7(1)); the self-service payment terminals of Article 2(1)(e) and the self-service terminals of Article 2(2) meet point 1 of Annex 1 only (Art. 4(2)).
• Draw up the technical documentation and carry out the conformity assessment procedure of Annex 4 (internal production control), or have it carried out (Art. 7(2)(a); Directive (EU) 2019/882, Art. 7(2)).
• Once conformity is shown, draw up the EU declaration of conformity, which names the accessibility requirements that a fundamental-alteration or disproportionate-burden exemption covers, keep it up to date and write or translate it into Romanian for products placed on the Romanian market, and affix the CE marking visibly, legibly and persistently before the product is placed on the market; where several acts of the European Union require a declaration, draw up a single one that names them (Art. 7(2)(b), 16 to 18).
• Keep the technical documentation and the declaration for five years from placing the product on the market (Art. 7(2)(c)).
• Keep procedures that guarantee that series production stays in conformity, and take account of changes in design, in product characteristics and in the standards or technical specifications on which conformity is declared (Art. 7(2)(d) and (e)).
• Mark the product, its packaging or an accompanying document with the type and batch, serial or other identification, with your name, registered trade name or trademark and a single postal address of contact, and give the contact data in Romanian (Art. 7(2)(f) and (g)).
• Supply the product with instructions and safety information in Romanian that are clear, understandable and intelligible, as are any printed labels (Art. 7(2)(h)).
• If a product you placed on the market does not meet the accessibility requirements, take the corrective measures needed at once to bring it into conformity or withdraw it, inform the authorities of Article 19(1) immediately with detailed information, and keep a register of those products and the related complaints (Art. 7(2)(i); Directive (EU) 2019/882, Art. 7).
• On the reasoned request of an authority of Article 19(1), supply information and documents in Romanian showing that the product meets points 1 and 2 of Annex 1, and cooperate with it in any action to remove the non-conformity (Art. 7(2)(j) and (k)).
• On request, identify to the authorities the operator that supplied you a product and the operator you supplied it to, and keep that information for five years (Art. 12; Directive (EU) 2019/882, Art. 12).
• If you appoint an authorised representative, give the mandate in writing: the obligations and the drawing up of the technical documentation under Article 7(2)(a) cannot form part of it, and the representative performs at least the duties of Article 7(2)(c), (j) and (k) (Art. 8).
• An importer or distributor that places a product on the market under its own name or trademark, or modifies a product already on the market in a way that may affect conformity, takes on the manufacturer's duties under Article 7 (Art. 11).
• If an authority of Article 19(1) finds that a product does not comply, take all corrective action within the reasonable period it sets, withdraw the product within the further period it sets if you have not, make sure the corrective action covers every product concerned that you made available in the European Union, and end any formal non-compliance it notifies under Article 22(1) (Art. 20(2), (3) and (6) and 22(1); Directive (EU) 2019/882, Art. 20 and 22).
• The court access of Article 26 and the contraventions of Article 27 do not apply to procurement procedures governed by Law 98/2016 and Law 99/2016 (Art. 26(2) and 27(6)).

Legea nr. 232/2022, art. 9, 11 și 12 privind cerințele de accesibilitate aplicabile produselor și serviciilor · Read the law's page

• If you import into the Union a product listed in Article 2(1) or (2) and place it on the market after 28 June 2025, place on the market only a product that meets the accessibility requirements of points 1 and 2 of Annex 1 (Art. 9(1); implements Directive (EU) 2019/882, Art. 9(1)).
• Before placing the product on the market, make sure that the manufacturer carried out the conformity assessment procedure of Annex 4, drew up the technical documentation, applied the CE marking, supplied the documents of Article 7(2), and marked the product with its type or batch identification and its contact data (Art. 9(2)(a) to (d)).
• If you consider or have reason to believe that a product does not meet the accessibility requirements, inform the manufacturer, the authorities of Article 19(1) and the authorities of the Member States where it is made available, and do not place it on the market until it is compliant (Art. 9(2)(e)).
• Indicate your name, registered trade name or trademark and address on the product or, where that is not possible, on the packaging or an accompanying document, with the contact data in Romanian (Art. 9(2)(f)).
• Keep a copy of the EU declaration of conformity at the disposal of the authorities for five years and make sure the technical documentation can be made available to them on request (Art. 9(2)(g)).
• If you consider or have reason to believe that a product you placed on the market does not meet the accessibility requirements, inform the authorities of Article 19(1) and those of the Member States where it is made available at once, state the non-conformity and the corrective measures, keep a register of non-compliant products and related complaints, and take the corrective measures at once or withdraw the product (Art. 9(2)(h)).
• On the reasoned request of an authority of Article 19(1), supply all information and documentation in Romanian needed to show the product's conformity, and cooperate with it in any action to remove the non-conformity (Art. 9(2)(i) and (j)).
• On request, identify to the authorities the operator that supplied you a product and the operator you supplied it to, and keep that information for five years (Art. 12).
• If you place a product on the market under your own name or trademark, or modify a product already on the market in a way that may affect conformity, you take on the manufacturer's duties under Article 7 (Art. 11).
• If an authority of Article 19(1) finds that a product does not comply, take all corrective action within the reasonable period it sets, withdraw the product within the further period it sets if you have not, make sure the corrective action covers every product concerned that you made available in the European Union, and end any formal non-compliance it notifies under Article 22(1) (Art. 20(2), (3) and (6) and 22(1); Directive (EU) 2019/882, Art. 20 and 22).
• The fundamental-alteration and disproportionate-burden limit of Article 14(1) is assessed and documented by each economic operator that relies on it, importers included; before placing the product on the market, check that the manufacturer carried out the conformity assessment of Annex 4, whose technical documentation must show any reliance on Article 14, and supplied the EU declaration of conformity, which names the requirements the exception covers (Art. 9(2)(a) to (c), 14(2) and (3), 16(1); Annex 4, point 2.1).
• The court access of Article 26 and the contraventions of Article 27 do not apply to procurement procedures governed by Law 98/2016 and Law 99/2016 (Art. 26(2) and 27(6)).

Legea nr. 240/2004 privind răspunderea producătorilor pentru pagubele generate de produsele cu defecte · Read the law's page

• Do not assume this Act answers whether standalone software is a product: Article 2(1)(b) speaks of any movable good and electricity and does not name software (Art. 2(1)(b)).
• If you make a product, a raw material or a component part, or put your name, trade mark or another distinguishing sign on a product, you answer as its producer (Art. 2(1)(a)(1) and (2)).
• If you import a product from the European Union for sale, rental, purchase or another form of disposal in the course of your own commercial activity, you answer as its producer, to the same extent as the producer (Art. 2(1)(a)(4)).
• If the producer of a product cannot be identified, give the injured consumer, within a reasonable time, the identity of the producer or of the person who supplied you, or you are treated as the producer (Art. 2(1)(a)(5)).
• Make the product as safe as a person is entitled to expect, judged on its presentation, all its foreseeable uses and the date you put it into circulation; a similar improved product put into circulation later does not make it defective (Art. 2(1)(d) and (2)).
• Be ready to prove an Article 7 exoneration: that you did not put the product into circulation, that the defect did not exist then or arose later from causes not attributable to you, that you did not make it for sale or distribution in the course of your professional activity, that the defect results from complying with mandatory regulations, that the state of scientific and technical knowledge at the time did not allow the defect to be detected, or that the consumer did not follow the instructions for use supplied with it, shown by a specialist technical expert report (Art. 7(1)).
• If you made only a component, be ready to prove that the defect is attributable to the faulty design of the assembly it was fitted into or to the instructions of the producer of the consumer product (Art. 7(2)).
• Do not rely on a contract term to limit or exclude your liability: such a clause is absolutely null (Art. 10).
• Answer a contractual or tort claim on the same damage as well: the Act does not exclude those claims (Art. 9(1)).
• Keep the claim periods in view: the injured person has three years from learning of the damage, the defect and the producer's identity, and no action can be brought more than ten years after you put the product into circulation (Art. 11).

Ordonanța de urgență a Guvernului nr. 141/2021 privind anumite aspecte referitoare la contractele de furnizare de conținut digital și de servicii digitale, art. 5, 7 și 21 · Read the law's page

• If you supply digital content or a digital service to a consumer in Romania, ensure that the consumer is informed that updates, including security updates, are provided and that they are actually provided, where they are needed to keep the content or service in conformity (Article 7(3)).
• Supply those updates for the whole period in which the content or service must be supplied under the contract where the contract provides continuous supply over a set period (Article 7(3)(a)).
• Supply those updates for the period the consumer can reasonably expect, given the type and purpose of the content or service and the circumstances and nature of the contract, where the contract provides a single act of supply or a series of individual acts of supply (Article 7(3)(b)).
• Supply digital content and services with the functionality, compatibility, accessibility, continuity and security that are normal for content or services of the same type and that the consumer can reasonably expect (Article 7(1)(b)).
• Tell the consumer that an update is available and what follows if it is not installed, and give installation instructions without deficiencies, to rely on the consumer's failure to install it (Article 7(4)).
• Supply the most recent version of the content or service available when the contract is concluded, unless the parties agreed otherwise (Article 7(7)).