Data Act introduces new rules on access to data generated by connected products and related services, the use of such data, and switching between cloud service providers. ANCOM, as co-initiator of the draft law, together with the Ministry of Economy, Digitalization, Entrepreneurship and Tourism, the General Secretariat of the Government and the National Supervisory Authority for Personal Data Processing (ANSPDCP), launches for public consultation the draft law that establishes the national framework for the application of the Regulation in Romania, designates the competent authorities and provides for the necessary cooperation mechanisms.
National Enforcement Framework
The draft law establishes the measures necessary for the application in Romania of Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data and defines the responsibilities of the competent authorities.
It establishes cooperation mechanisms between the competent national authorities, between those and their counterparts in the other Member States, the European Commission, the European Data Innovation Board (EDIB), as well as other relevant bodies.
The draft law also establishes the framework for the certification of dispute resolution bodies, ANCOM serving as the competent authority for setting the conditions and procedure for granting this certification. Furthermore, the draft law establishes the sanctioning regime applicable in the event of non-compliance with the provisions of the Regulation or national legislation.
In this context, ANCOM is designated as the competent authority responsible for implementing, monitoring, and verifying compliance with the provisions of the Data Act and performs the duties of the national data coordinator. Moreover, the National Authority for the Supervision of Personal Data Processing (ANSPDCP) is designated as the authority responsible for monitoring the protection of personal data in the implementation of the Regulation.
What the Data Act provides
The European Union aims to consolidate the data economy and ensure the fair use of information generated in the digital environment, with Data Act being one of the key legislative tools for achieving these goals. At the core of Data Act are connected products – such as vehicles, smart home appliances, medical devices or industrial machinery and related services, that is, digital services that enable, complement, or optimize the use of the connected product.
Users – whether individuals or legal entities – have the right to access the data generated by the products or related services they use, as well as to decide whether to make that data available to third parties of their choice. This provision may facilitate the development of new services, including after-sales services, maintenance, or independent repairs, thereby boosting competitiveness.
The Data Act introduces protection measures against unfair contract terms imposed unilaterally in business-to-business relationships, ensuring a level playing filed in the data market.
In exceptional circumstances, such as natural disasters or public emergencies, authorities will be able to request access to data held by the private sector, where such data are necessary to respond to the situation and cannot be obtained by other means.
The Data Act also sets out rules that facilitate switching between providers of data processing services (cloud services) by removing technical and contractual barriers, while introducing measures to enhance interoperability between such services.
Public consultation process
Draft Law establishing measures for the application of Regulation (EU) 2023/2854 of the European Parliament and of the Council od 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) is available for consultation here. Interested persons are invited to formulate and submit their observations and proposals by 03.08.2026, to ANCOM’s headquarters (2 Delea Noua Street, Sector 3, Bucharest) or via the online registry. Comments may also be submitted by fax to +40 372 845 402, by email to consultare@ancom.ro, or via the e-consultare.gov.ro platform.