07.03.2024

ANCOM has launched for public consultation the draft decision on the information procedure applicable to intermediary service providers. The draft decision lays down certain procedural aspects meant to contribute to the application of the national law elaborated for the implementation of the Digital Services Act (DSA).

The draft decision aims, on the one hand, to set the procedure that the intermediary service providers must follow in order to provide certain information to the Authority and, on the other hand, to extend the application of the ANCOM President’s Decision no. 336/2013 to the providers of intermediary services.

The information procedure applicable to the providers of intermediary services

This information procedure pursues rendering transparent the information regarding the providers of intermediary services, thus supporting the recipients of the services.

The information procedure applies to the providers of intermediary services active on the date of entry into force of the decision, as well as to providers that will offer, after the entry into force of the decision, at least one of the digital services under the categories: mere conduit, caching or hosting.

Thus, within 45 days from the date of starting service provision or from the date of entry into force of the decision, the providers of intermediary services must submit to ANCOM specific information by duly filling in the forms in the reporting application provided by the Authority. Such information is required in order to identify both the types of services offered and to efficiently communicate with the provider for purposes of applying the legal provisions in force.

For submitting such information, every provider must send an e-mail to ANCOM, as a first step, with at least the following data: the provider’s name, the unique registration code in a relevant registry and the electronic mail address to be used for the correspondence with the Authority. Such information is necessary in order to create the account to be used in the reporting application. The draft decision also lays down the subsequent steps to be taken for submitting the information to ANCOM.

All the steps - the provider’s transmission the e-mail for creating the account in the reporting application, ANCOM’s communication of the access credentials and the provider’s submission of the information according to the national law - must be completed within 45 days.

Changes to the ANCOM President’s Decision no. 336/2013

The draft decision also proposes extending the scope of application of the regulatory framework laid down in ANCOM President’s Decision no. 336/2013 to the providers of intermediary services, both in order to facilitate the providers’ compliance with the obligation to provide information - by making available the electronic means for submitting the information, - and to enable the automated verification and processing of documents, data or information that the providers submitted to the Authority.

DSA implementation in Romania

With a view to implementing the DSA provisions in Romania, the Ministry of Research, Innovation and Digitalisation together with ANCOM have drafted a law laying down the national legislative measures required to enforce the provisions of the European act. The draft law was adopted by the Romanian Parliament and is currently undergoing the promulgation procedure.

The draft normative act  adopted by the Parliament appoints ANCOM as a national digital services coordinator and confers on it, inter alia, duties regarding the elaboration and adoption of the secondary legislation for the implementation of the primary legislation in Romania.

The public consultation

The draft decision on the information procedure for the providers of intermediary services and on amending and completing the Decision of the president of the the National Authority for Management and Regulation in Communications no. 336/2013 on the means for the providers’ submission of certain documents, data or information to the National Authority for Management and Regulation in Communications is available for consultation, in Romanian, here. The interested persons are invited to send their comments and suggestions by 04.04.2024, to the ANCOM headquarters (2 Delea Nouă Street, sector 3, Bucharest), via the Online Registry or through the Regional Divisions of the Authority. Comments can also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.ro.