Last updated: 28 June 2019
The legal regime of sanctions was subject to some important changes following the publication of the Law no.109/2019 in the Official Journal no. 418 from May 28th amending and completing certain legislative acts in the domain of electronic communications, postal services and equipment market monitoring.
The new legislation grants derogation from common legal provisions with regard to sanctions for summary offences, provided for in the Government Ordinance no. 2/2001.
Thus, with respect to the possibility for an offender to pay a reduced fine within 15 days from the date of reception of the penalty charge notice , the new law stipulates that such reduction shall be applied on the total amount of the fine incurred by the offender, not on the minimal amount of the fine as previously provided for by the law for the offence in question.
The legislator also established more restrictive conditions for offences reported in the domain of electronic communications, postal services and equipment market monitoring, by obliging the offender to the payment of half of the total amount of the actual imposed fine, which can, of course, be adjusted to the individual offender and reach the maximal amount provided for by law.
OFFENCES COVERED BY THE NEW LAW
Further on there is a list of the main offences for which an offender may pay half of the amount of the fine under the law’s conditions.
- In the field of electronic communications:
- The offence providing for the payment by electronic communications or publicly available telephone service providers of a fine of between RON 5,000 and RON 100,000 for the violation of the regulations related to emergency communications (OUG no. 34/2008).
- The sanction to be inflicted upon electronic communications service providers by the National Authority for Management and Regulation in Communications for non compliance with technical and economic conditions for the provision of communications services; the fine amounts to between RON 5,000 and RON 100,000.
- In the audiovisual field
- The fine to be inflicted for transmission of program services without technical permit, non-compliance with technical conditions, parameters and conditions stated in the broadcasting license or the license for the use of radio frequencies in the terrestrial digital system, or with the technical permit; offence sanctioned by a fine from RON 5,000 to RON 100;000, under Law no. 504/2002.
- The fine inflicted for the refusal by the holder of the broadcasting license or the license for the use of radio frequencies in the terrestrial digital system to be controlled or to produce documents upon request of the relevant authorities; offence sanctioned by a fine between RON 5,000 and RON 100,000, according to the aforementioned law.
- In the field of personal data processing and the protection of privacy in the electronic communications sector
- The sanctions to be inflicted for inobservance of invoice issuance conditions. For the record, the Law no. 506/2004 states as a general rule that for the respect of the customer’s privacy, the provider must issue a simple invoice without any record of personal data. A detailed invoice with all personal data can be issued only upon the client’s request.
Other legal acts relating to offences subject to the provisions of Law no. 109/2019:
- Government Emergency Ordinance no. 111/2011 on electronic communications;
- Government Emergency Ordinance no. 13/2013 relating to postal services;
- Government Emergency Ordinance no. 34/2014 relating to consumers’ rights under contracts concluded with professionals;
- Law no. 159/2016 on the regime of physical infrastructure of electronic communications;
- Government Decision no. 487/2016 on electromagnetic compatibility;
- Government Decision no. 740/2016 on making radio equipment available on the market
Therefore it is to be noted that the new legal provisions generally toughen the sanctions regime, as the offender is henceforth bound to pay half of the fine inflicted upon them within 15 days, irrespective of the minimal amount provided for by the law.
Such new regulations are set forth in the context of a significant rise of the number of offences reported by the National Authority for Management and Regulation in Communications, the amount of the fines inflicted for the infringement of the legal provisions ranging from RON 5,000 to RON 720,000.