RomaniaLegea nr. 365/2002 privind comerțul electronic (E-commerce Law), Article 11(3), Provider Liability as Amended by Law 50/2024
E-commerce Law (Legea nr. 365 din 7 iunie 2002 privind comerțul electronic) Articles 11(3), 5(3) and 17, as amended by Law 50/2024, Article 52
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://legislatie.just.ro/Public/DetaliiDocumentAfis/280106In force since .
An intermediary liability rule binding private bodies.
- Obligation class
- Governance, Reporting
As of .
What it requires
- To stay free of liability for information you transmit, store or give access to, meet the conditions in Articles 4 to 6 and 8 of Regulation (EU) 2022/2065, which Article 11(3) of Law 365/2002 applies.
- Keep the information you make available under Article 5(1) of Law 365/2002 up to date and usable by public authorities for sending you communications.
- When the supervising authority's control staff ask you for data and information, stating the legal basis and purpose, supply them by the deadline they set.
Who enforces it
Enforcement body
Authority for the Digitalization of Romania, with other authorities or public institutions that supervise a particular sector, under Article 17(1) as amended.
What this law does
Article 52 point 2 of Law 50/2024 rewrites Article 11(3) of the e-commerce Law 365/2002 to provide that service providers are not liable for information transmitted, stored or accessed through them, under the conditions in Articles 4 to 6 and 8 of Regulation (EU) 2022/2065. Article 52 point 3 repeals Articles 12 to 15 of Law 365/2002.
Article 52 point 1 adds Article 5(3) to Law 365/2002, which requires the service provider to keep the information it makes available under Article 5(1) up to date and usable by public authorities for receiving communications. Article 52 point 4 amends Article 17(1) of Law 365/2002 to make the Authority for the Digitalization of Romania competent to supervise and control compliance by service providers with that Law.
Article 17(5) as amended lets control staff ask providers of information society services for the data and information they need, stating the legal basis and purpose, and set deadlines for them, under the sanction the law provides.
When LexLint raises it
When your app profile says your app operates a social platform.