RomaniaLegea nr. 504/2002 (Legea audiovizualului), Arts. 42^7 and 42^8, Video-Sharing Platform Providers and the Protection of Minors
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 . Publisher's page: https://legislatie.just.ro/Public/DetaliiDocument/307700In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Consiliul Național al Audiovizualului (CNA, National Audiovisual Council)
As of .
What it requires
- If you provide a video-sharing platform service as a provider established in Romania or otherwise under Romanian jurisdiction, take appropriate measures to protect minors from programs, user-generated videos and audiovisual commercial communications that may impair their physical, mental or moral development, especially programs containing pornography or gratuitous violence (art. 42^7 lit. a).
- Adopt access-control measures for the protection of minors, including systems that verify the age of platform users with respect to content that may impair minors' physical, mental or moral development (art. 42^8 alin. 7 lit. f).
- Provide parental control systems under the control of end users for that content (art. 42^8 alin. 7 lit. h).
- Do not process the personal data of minors collected or generated through these measures for commercial purposes such as direct marketing, profiling or behavior-based advertising (art. 42^8 alin. 8).
- Comply within the time set by the Council's summons if it finds a breach of art. 42^8 (art. 91 alin. 2).
If you get it wrong
Penalty structure
Art. 91(1) names art. 42^8 as a contravention. Under art. 91(2) and (3) the Council first issues a summons setting conditions and deadlines for compliance, and a fine of 5,000 to 100,000 lei applies if the provider does not comply in that time or breaches the provisions again.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 100,000
What it reaches
Covered services
Video-sharing platform providers established in Romania, or treated as under Romanian jurisdiction through a parent company, subsidiary or group company (art. 42^5)
Obligation class
Age verification
What this law does
Article 42^7 requires video-sharing platform providers to take appropriate measures to protect minors from programs, user-generated videos and audiovisual commercial communications that may impair their physical, mental or moral development, especially programs containing pornography or gratuitous violence.
Article 42^8(7) requires the providers to adopt access-control measures for the protection of minors, including systems that verify the age of platform users with respect to content that may impair minors' development. Article 42^8(7) also lists parental control systems managed by end users for that content.
Personal data of minors collected or generated through the age-verification and parental control systems may not be processed for commercial purposes such as direct marketing, profiling and behavior-based advertising. Video-sharing platform providers established in Romania are considered to be under Romanian jurisdiction.
Under Article 91, a provider that breaches Article 42^8 receives a summons from the Council setting conditions and deadlines for compliance, and one that does not comply in time or breaches the provisions again is fined 5,000 to 100,000 lei. Legea 190/2022 added these provisions as Chapter III^6, and the consolidated text dates the addition to .
When LexLint raises it
When your app profile says your app publishes adult content.