Romania: Digital Revolution & Legal Evolution in Romania
Status quo of the implementation of Directive (EU) 2019/790
As of 1 April 2022, the implementation of Directive (EU) 2019/790 of the European Parliament and of the Council has been transposed into Romanian national law and is therefore in force. This has been converted into national law as an addition to Law No. 8/1996 on copyright and related rights. The provisions of Directive (EU) 2019/790 of the European Parliament and of the Council were therefore supplemented or taken into account within the framework of the Act 8/1996.
National legal framework against computer piracy
Computer piracy or illegal access to a computer system is a criminal offence in Romania under Section 380 of the Criminal Code. Accordingly, unauthorised access to a computer system is punishable by imprisonment from three months to three years or a fine.
In the event that the crime is committed for the purpose of obtaining computer data, imprisonment of six months to five years is considered.
If the act has been committed with regard to a computer system to which access is restricted or prohibited by special methods, devices or programs for certain user groups, a prison term of two to seven years is provided for.
Copyright & NFT (non-fungible tokens)
There are no specific copyright laws in Romania (yet) relating to NFTs. However, from a fiscal point of view, there is a duty to declare and pay tax on income from corresponding transactions. The tax authority treats income from relevant transactions, such as sources of income, as a result of the transaction of intellectual property rights.
Autor: Helge Schirkonyer