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Law No. 365 Of 7 June 2002 On Electronic Commerce

Original Language Title:  LEGE nr. 365 din 7 iunie 2002 privind comerţul electronic

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LEGE no. 365 365 of 7 June 2002 (** republished) (* updated *) on electronic commerce * *) ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




--------------- _____________ ** **) Republicated pursuant to art. II of Law no. 121/2006 to amend and supplement Law no. 365/2002 on electronic commerce, published in the Official Gazette of Romania, Part I, no. 403 of 10 May 2006, giving the texts a new numbering. Law no. 365/2002 was published in the Official Gazette of Romania, Part I, no. 483 483 of 5 July 2002 and has been amended by Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 279 of 21 April 2003. + Chapter I General provisions General provisions + Article 1 Definitions Within the meaning of the present law, the following terms are defined as 1. information society service-any service that is performed using electronic means and presents the following characteristics: a) is carried out in consideration of a patrimonial use, procured to the bidder ordinarily by the recipient; b) it is not necessary for the bidder and the recipient to be physically present simultaneously in the same place; c) is carried out by sending the information to the individual's request; 2. electronic means-electronic equipment and cable networks, optical fiber, radio, satellite and the like, used for processing, storing or transmitting information; 3. service provider-any natural or legal person making available to a determined or undetermined number of persons an information society service; 4. service provider established in a state-a service provider having a stable headquarters on the territory of a state and actually carrying out an economic activity using that stable headquarters on the territory of a state, for an indefinite period; the establishment of a service provider in a State is not necessarily determined by the place where the technical and technological means necessary to provide the service are located; 5. domain-an area of a computer system, held as such by a natural or legal person or by a group of natural or legal persons for the purposes of processing, storage or transfer of data; 6 6. recipient of the service or recipient-any natural or legal person who uses, for commercial, professional or other purposes, an information society service, in particular for the purpose of seeking information or providing access to them; 7. consumer-any natural person acting for purposes other than those of his commercial or professional activity; 8. commercial communication-any form of communication intended to promote, directly or indirectly, the products, services, image, name or name, company or emblem of a trader or member of a regulated profession; The following commercial communications: information allowing direct access to the activity of a natural or legal person, in particular by domain name or an electronic mail address, communications related to products, services, image, the names or marks of a natural or legal person, carried out by an independent to the person concerned, especially when they are made free of charge; 9. coordinated legislation-the provisions in force of national laws, applicable to activities subject to information society services or service providers regarding: a) the conditions that service providers must meet in order to start these activities, such as those related to any necessary qualifications, authorizations or notifications; b) the conditions to be met by the service providers for carrying out these activities, such as those concerning their conduct, the quality or content of the services offered, including advertising and conclusion of contracts, or those concerning the liability of suppliers; 10. does not constitute the object of coordinated legislation: a) the requirements applicable to goods as such and their delivery; b) the requirements applicable to services not provided by electronic means; 11. electronic payment instrument-a tool that allows the holder to carry out the following types of operations: a) transfers of funds other than those ordered and executed by financial institutions; b) cash withdrawals, as well as the loading and unloading of an electronic money instrument; 12 12. payment instrument with remote access-electronic payment instrument through which the holder or can access his funds held in an account with a financial institution and authorize a payment, using a code identification staff or other similar means of identification; 13. electronic money instrument-rechargeable electronic payment instrument other than the remote access payment instrument, which the value units are stored electronically and which allows the holder or to carry out the types of operations referred to in 11 11; 14. holder-person holding an electronic payment instrument on the basis of a contract concluded with an issuer, under the conditions provided by law; 15. identification data-any information that may allow or facilitate the performance of the types of operations referred to in point ( 11, such as an identification code, name or name, domicile or headquarters, telephone number, fax, electronic mail address, registration number or other similar means of identification, tax registration code, numerical code staff and the like; 16. regulated professional activity-the professional activity for which access or exercise in Romania is conditioned, directly or indirectly, in accordance with the Romanian legislation in force, by the possession of a document attesting the level vocational training. + Article 2 Scope and scope (1) The present law aims at establishing the conditions for the provision of information society services, as well as the provision as crimes of acts committed in connection with the security of the domains used in e-commerce, issuance and the use of electronic payment instruments and the use of identification data in order to carry out financial operations, in order to ensure a framework conducive to the free movement and security of these services. (2) It does not constitute services of the information society, for the purposes of this law, the activities that do not meet the elements of the definition 1 1 section 1, in particular the following: a) the offer of services requiring the physical presence of the supplier and the consignee, even if the provision of those services involves the use of electronic equipment b) offer of services involving the handling of tangible goods by the consignee, even if the provision of those services involves the use of electronic equipment; c) offer of goods or services which is not presented to the addressee by transmitting the information at its individual request and which is intended for simultaneous reception by an unlimited number of persons (point-multipoint); d) activities that are carried out through voice telephony, telex, telex, broadcasting and television services, including teletext services; e) voice telephony, telex or telex services; f) the exchange of information by electronic mail or by other means of equivalent individual communication, between persons acting for foreign purposes to their commercial or professional activity; g) the contractual relationship between an employee and his employer. ((. This Law shall not apply to the following activities: a) the activity of the public notaries, in so far as it involves a direct and specific participation in the exercise of the prerogatives of b) activities of legal representation before the courts of jurisdiction and prosecution; c) gambling with cash winnings, lotteries and bets. (. The provisions of this Law shall be supplemented by: a) legal provisions in tax matters; b) the legal provisions governing the protection of individuals with regard to the processing of personal data and the free movement of such data, as well as those governing the processing of personal data and the protection of life private in the telecommunications sector; c) provisions Competition law no. 21/1996 , republished. (5) In so far as it does not contain derogatory provisions, this law shall be supplemented by the legal provisions on the conclusion, validity and effects of legal acts, with the other legal provisions aimed at protecting consumers and public health. + Article 3 Application of Romanian law to information society services (1) This law applies to the service providers established in Romania and to the services offered by them. (2) From the date of entry into force of this Law the services of the information society are subject a) exclusively the provisions in force of the Romanian laws that are part of the coordinated legislation, if offered by service providers established in Romania; b) exclusively the provisions in force of the laws of the state concerned which are part of the coordinated legislation, if offered by service providers established in a Member State of the European Union. (3) The free movement of information society services offered by a supplier established in a Member State of the European Union cannot be restricted in Romania by applying legal provisions that are part of the coordinated legislation. ((4) Alin. ((2) and (3) shall not apply in the following areas: a) the right of intellectual property and the right of industrial property; b) issue of electronic money, under the conditions laid down in the methodological norms for the application of this law; c) advertising for collective investment bodies in transferable securities; d) insurance activities, under the conditions laid down in the methodological norms for the application of this law; e) the freedom of the parties to choose the law applicable to the contract, when the parties have f) obligations arising from contracts concluded with consumers; g) the form requirements provided for the validity of the legal acts creating, modifying, extinguishing or transmitting real rights to immovable property located on the territory of Romania. (5) Public authorities may take derogatory measures from the provisions of par. ((3) only under the following conditions: a) the measure is necessary for reasons of public order, the conduct of criminal training, the protection of minors, the fight against any form of incitement to hatred for race, sex, religion or nationality, touches to human dignity, the protection of public health, national defence and security, consumer protection, including investors; b) the measure concerns an information society service that affects one of the values listed in lett. a) or presents a serious and serious risk to these values; c) the measure is proportionate to the d) the procedures for collaboration, consultation or information provided in the methodological norms for the application of this law are observed. + Chapter II Provision of information society services Provision of information society services + Article 4 Principles of Information Society Services (1) The provision of information society services by natural or legal persons is not subject to any prior authorization and is carried out in accordance with the principles of free and fair competition, in compliance with the legal provisions in force. (2) Provisions of para. ((1) are without prejudice to the legal provisions requiring prior authorization for the conduct of activities by natural or legal persons, if the provisions in question do not expressly and exclusively concern the services of the company information or service providers, within the meaning of this law. ((3) The provision of information society services by the service providers established in the Member States of the European Union shall be made, until the accession of Romania to the European Union, under the conditions laid down in the European Agreement establishing an association between Romania, on the one hand, and the European Communities and their Member States, on the other. (4) The provision of information society services by the service providers established in other states is made under the conditions of bilateral agreements concluded with the respective states, to which Romania is a party. + Article 5 General information (1) The service provider shall have the obligation to provide the recipients and public authorities with means to allow easy, direct, permanent and free access at least to the following information: a) name or name of the service provider; b) the domicile or the seat of the c) telephone numbers, fax, electronic mail address and any other data necessary to contact the service provider directly and effectively; d) the registration number or other similar means of identification, where the service provider is entered in the commercial register or in another similar public register; e) the tax registration code; f) the identification data of the competent authority, where the activity of the service provider is subject to an authorisation regime; g) the professional title and the state in which it was awarded, the professional body or any other similar body to which it belongs, the indication of the regulations applicable to that profession in the state where the service provider is established as well as the means of access to them, where the service provider carries out a regulated professional activity; h) tariffs related to the services offered, which must be indicated in compliance with the rules on the marketing of products and market services, specifying the exemption, inclusion or non-inclusion of the value added tax, as well as the amount i) the inclusion or non-inclusion in the price of the delivery costs and their value, if applicable; j) any other information that the service provider is obliged to provide to the recipients, in accordance with the legal provisions in force. (2) The obligation provided in par. ((1) shall be deemed to be fulfilled if the supplier of a service displays such information in a clear, visible and permanent form, within the web page through which that service is offered, under the conditions referred to in para. ((1). + Article 6 Commercial communications (1) The conduct of commercial communications by electronic mail is prohibited, unless the recipient has previously expressed express consent to receive such communications. (. Commercial communications which constitute an information society service or part thereof, to the extent permitted, must comply with at least the following conditions: a) be clearly identifiable as such; b) the natural or legal person on whose behalf they are made to be clearly identified; c) promotional offers, such as discounts, prizes and gifts, are clearly identifiable, and the conditions that must be met for their obtaining are easily accessible and clearly presented; d) competitions and promotional games are clearly identifiable as such, and the conditions for participation are easily accessible and clearly presented; e) any other conditions imposed by the legal provisions in force. (. Commercial communications constituting an information society service or part thereof, where such service is provided by a member of a regulated profession, shall be permitted subject to compliance with the laws and regulations. of the regulations applicable to that profession, which concern, in particular, the independence, dignity and honour of the profession, professional secrecy and fairness to the clients and to the other members of the profession. (4) The providers of information society services that carry out commercial communications have the obligation to comply with the provisions of par. ((1)-(3). + Chapter III Contracts concluded by electronic means Contracts concluded by electronic means + Article 7 Validity, legal effects and evidence of contracts concluded by electronic means ((1) Contracts concluded by electronic means produce all the effects that the law recognizes to contracts, when the conditions required by law for their validity are met. (2) For the validity of contracts concluded by electronic means the prior consent of the parties on the use of electronic means is not necessary. ((3) The conclusion of the conclusion of contracts by electronic means and the obligations arising from these contracts is subject to the provisions of the common law on proof and provisions Law no. 455/2001 on electronic signature. + Article 8 Informing recipients (1) The service provider is obliged to make available to the recipient, before the recipient sends the offer to contract or acceptance of the firm offer to contract made by the service provider, at least the following information, which must be clearly, unequivocally and in an accessible language: a) the technical steps to be followed to conclude the contract; b) whether the contract, once concluded, is stored or not by the service provider and whether it is accessible or not; c) the technical means which the service provider provides to the consignee for the identification and correction of errors occurring on the occasion of the data entry; d) the language in which the contract may be concluded; e) the relevant codes of conduct to which the service provider subscribes, as well as information on how these codes can be consulted by electronic means; f) any other conditions imposed by the legal provisions in force. (2) The service provider is required to provide the addressee with the possibility to use an appropriate, effective and accessible technical process, enabling the identification and correction of errors occurring on the occasion of the data entry, sending the tender or its acceptance. (. The service provider may derogate from the provisions of paragraph 1. ((1) and (2) only if it has otherwise agreed with the addressee, provided that neither party is a consumer. (4) The general terms and conditions of the proposed contract must be made available to the addressee in a way that allows it to store and reproduce them. (5) Provisions of para. ((1)-(3) shall not apply to contracts concluded exclusively by electronic mail or by other means of equivalent individual communication. + Article 9 Conclusion of contract by electronic means (1) If the parties have not agreed otherwise, the contract shall be deemed to be concluded at the time when the acceptance of the offer to contract has become the tenderer's ((2) The contract which, by its nature or at the request of the beneficiary, imposes an immediate execution of the characteristic performance shall be deemed to be concluded at the time when its debtor began the execution, unless the tenderer requested that The acceptance shall be communicated in advance. In this last case, the provisions of par. ((1). (3) If the recipient sends by electronic means the offer to contract or accept the firm offer to contract made by the service provider, the service provider has the obligation to confirm receipt of the offer or, as the case may be, its acceptance, in one of the following ways: a) the sending of an evidence of receipt by electronic mail or by another means of equivalent individual communication, to the address indicated by the addressee, without delay; b) confirmation of receipt of the offer or acceptance of the offer, through a means equivalent to that used for sending the offer or acceptance of the offer, as soon as the offer or acceptance has been received by the service provider, provided that it confirmation can be stored and reproduced by the recipient. (4) Offer or acceptance of the offer, as well as confirmation of receipt of the offer or acceptance of the offer, carried out in one of the ways provided ((3), shall be deemed to be received when the parties to whom they are addressed may access them. (5) Provisions of para. ((3) shall not apply to contracts concluded exclusively by electronic mail or by other means of equivalent individual communication. + Article 10 Conditions for keeping or presenting information (1) Where the law requires that the information be presented or preserved in its original form, this requirement is fulfilled if the following conditions are cumulatively met: a) there is the guarantee of integrity of information, ensured by compliance with national standards in the field, from the moment it was generated b) the message is signed using the extended electronic signature of the issuer; c) the information can be immediately provided and presented upon request. (2) The merchant recipient acts at his own risk, if he knew or should have known, in accordance with current commercial practices or as a result of the use of procedures expressly agreed with the issuer, that the information contained in a message electronic has been altered during its transmission or processing. + Chapter IV Liability of service providers Liability of service providers + Article 11 General principles (1) The service providers shall be subject to the legal provisions relating to civil, criminal and contravention liability, in so far as this law is not otherwise ordered. (2) The service providers shall be responsible for the information provided by themselves or at their expense. (3) The service providers do not respond to the information transmitted, stored or to which they facilitate access, under the conditions provided in art. 12-15. + Article 12 Intermediation by simple transmission (1) If an information society service consists of transmission in a communication network of information provided by a recipient of that service or in providing access to a communication network, the provider of that service shall not shall be responsible for the information submitted if the following conditions are met: a) the transmission was not initiated by the service provider; b) the choice of the person receiving the transmitted information did not belong to the service provider; c) the content of the information transmitted has not been influenced in any way by the service provider, in the sense that neither the selection nor any modification of this information can be attributed to it. (2) Information transmission and access insurance, referred to in par. ((1), shall also include the automatic, intermediate and temporary storage of the information transmitted, in so far as this operation takes place exclusively for the purpose of that information to transit through the communication network and provided that the information is not stored for a period which unduly exceeds the duration necessary for its transmission. + Article 13 Temporary storage of information, storage-caching If an information society service consists of transmitting in a communication network of information provided by a recipient of that service, the provider of that service does not respond for automatic, intermediate and temporary storage of the information transmitted, in so far as this operation takes place solely for the purpose of making it more efficient to transmit the information to other recipients, at their request, if the following conditions are met cumulatively: a) the service provider does not change the information transmitted; b) the service provider meets the legal conditions regarding access to that information; c) the service provider complies with the rules or usages relating to the updating of the information, as they are widely recognized and applied in the industry; d) the service provider does not prevent the legal use by any person of the technologies widely recognized and applied in the industry, in order to obtain data on the nature or use of information; e) the service provider is acting quickly to eliminate the information it has stored or to block access to it, from the moment it actually knew that the information originally transmitted was removed from the network of communications or that access to it was blocked or the fact that the elimination or blocking of access took place by the effect of the decision of a public authority. + Article 14 Permanent information storage, storage-hosting (1) If an information society service consists of the storage of information provided by a recipient of that service, the provider of that service shall not be liable for the information stored at the request of a recipient, if satisfied any of the following conditions: a) the service provider has no knowledge that the stored activity or information is unlawful and, in respect of actions in damages, has no knowledge of facts or circumstances showing that the activity or information in cause could harm the rights of a third party; b) having knowledge that the respective activity or information is unlawful or about facts or circumstances showing that the activity or information in question could harm the rights of a third party, the service provider acts quickly in order to eliminate or block access to it. (2) Provisions of para. ((1) shall not apply where the consignee acts under the authority or control of the service provider. (3) The provisions of this article will not affect the possibility of judicial or administrative authority to ask the service provider to stop or prevent the violation of data and also cannot affect the possibility of establishing procedures government limiting or interrupting access to information. + Article 15 Information search tools and links to other web pages (1) Provider of an information society service that facilitates access to information provided by other service providers or recipients of services offered by other providers, by making available to the recipients of the service or tools for the search for information or links to other web pages, shall not be liable for the information in question, if any of the following conditions are met: a) the supplier has no knowledge that the activity or information to which it facilitates access is unlawful and, in respect of actions in damages, has no knowledge of facts or circumstances showing that the activity or the information in question could prejudice the rights of a third party; b) having knowledge that the respective activity or information is unlawful or about facts or circumstances showing that the activity or information in question could harm the rights of a third party, the supplier acts quickly in to eliminate the possibility of access to or block its use. (. The service provider shall be responsible for the information in question where its unlawful nature has been found by a decision of a public authority. (3) The provisions of par. ((1) shall not apply where the consignee acts by order or under the order of the service provider. + Chapter V Supervision and control Supervision and control + Article 16 Obligations of service providers (1) The service providers are obliged to inform the competent public authorities immediately about the activities with the unlawful appearance carried out by the recipients of their services or about the information with the unlawful appearance provided by them. (2) The service providers are obliged to communicate immediately to the authorities provided in par. (1), at their request, information enabling the identification of the recipients of their services, with which these suppliers have concluded contracts on the permanent storage of information. (3) The service providers are obliged to interrupt, temporarily or permanently, the transmission in a communication network or the storage of information provided by a recipient of that service, in particular by eliminating the information or blocking access to it, access to a communication network or the provision of any other service of the information society, if these measures were ordered by the public authority defined in art. 17 17 para. ((2); this public authority may act ex officio or as a result of the complaint or referral of an interested person. (4) The complaint referred to in par. ((3) may be made by any person who considers himself prejudiced by the content of the information in question. The complaint or complaint is drawn up in written form, with the showing of the reasons on which it is based, and will be compulsorily dated and signed. The complaint cannot be filed if a claim in the judiciary, having the same object and the same parties, was previously introduced. (. The decision of the Authority shall be reasoned and communicated to interested parties within 30 days of the date of receipt of the complaint or referral or, if the authority has acted ex officio, within 15 days of the date on which it was issued. (6) Against a decision taken according to the provisions of para. (3) the person concerned may appeal within 15 days of communication, under penalty of forfeiture, to the competent administrative court. The request is adjudicated urgently, with the citation of The sentence is final. + Article 17 Competent authorities (1) The regulatory authority in communications and information technology, hereinafter referred to as the Authority, is competent to supervise and control compliance by service providers with the provisions of this Law and of the rules methodological for its application, to find the contraventions and to apply the sanctions provided in art. 22. (2) Without prejudice to the provisions of par. (1), through public authorities, within the meaning of art. 3 3 para. ((5), art. 5, 13, art. 15 15 para. ((2), art. 16 16 para. ((1) and (3) and art. 23 23 para. (2), it is understood those authorities of the public administration or, where appropriate, courts whose jurisdiction in that matter is established by the legal provisions in force, applicable in each case. ------------ Alin. ((2) of art. 17 17 has been amended by section 1 1 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (3) The Authority may require the service providers of any information necessary for the performance of its duties, mentioning the legal basis and the purpose of the request, and may set deadlines until such information is provided to it, under the sanction provided for by this Law. (4) In order to discover and investigate the violations of the provisions of this law and its implementing rules, the Authority shall act by the control personnel empowered for this purpose. (5) In the exercise of investigative powers the control personnel empowered for this purpose of the Authority or of the legal person referred to in par. ((12) may require the service providers the information that is necessary for it, mentioning the legal basis and the purpose of the request, and may set deadlines until such information is provided to it, under the sanction provided for by this law. (6) The authority shall carry out investigations, under the conditions of this law, ex officio or upon receipt of a complaint or complaint from any person. (7) The control personnel empowered for this purpose of the Authority or of the legal person referred to in par. ((12) may request declarations or any documents necessary for the performance of the mission, to seal, to raise any registers, financial-accounting and commercial acts or other records, releasing the person subject to investigation copies of the originals, or to obtain copies, leaving it the originals; it is also authorized to make unannounced inspections, the result of which will be recorded in a report of finding, and to receive, at the convocation or on the spot, information and justifications. (8) The bodies of the central and local public administration, as well as any other institutions and public authorities, shall be obliged to allow the control personnel empowered for that purpose of the Authority or, where appropriate, of the legal person provided for in para. ((12) access to the documents, data and information held by them, in so far as they are necessary to fulfil the legal mission of the Authority, without being able to oppose the character of state secret or service secret of such documents, data and information. (9) The control personnel empowered for this purpose, receiving access to the documents, data and information referred to in par. (8), is kept in strict observation of the character of state secret or secret service, legally assigned to those documents, data and information. (10) The authority notifies the prosecution bodies whenever it finds violations of the criminal law. (11) The Authority shall inform the service providers, the recipients, the Member States of the European Union and the European Commission of all matters relating to the application of the provisions of this Law and shall cooperate with the competent authorities states for the effective exercise of supervision and control over the activity of service providers. (12) The Authority may delegate the performance of the tasks provided for in this Article to another legal person governed by public law, with powers of supervision and control in the field of telecommunications. (13) For the purposes of applying this law, until the establishment of the Authority its powers are fulfilled by the Ministry of Communications and Information Technology. + Article 18 Codes of Conduct (1) Associations and non-governmental organizations of a professional or commercial nature or those constituted for the protection of consumers, minors or persons with disabilities may develop their own codes of conduct or common codes with Authority and Ministry of Justice, in order to apply the provisions of this law accordingly. (2) The Authority and the Ministry of Justice will follow the inclusion in the codes of conduct provided in ((1) in particular of certain provisions relating to: a) settlement of disputes by way of extrajudicial; b) interruption, temporary or permanent, of transmission in a communication network or information storage provided by a recipient of the service, in particular by eliminating the information or blocking access to it, access to a network of communications or the provision of any other information society service; c) protection of recipients with regard to commercial communications; d) protection of minors and human dignity. (3) The Authority and the Ministry of Justice a) the translation of codes of conduct into international languages; b) facilitating access to codes of conduct by electronic means; c) the popularisation of codes of conduct at national level and their transmission, as well as assessments of their practical application and impact to the Member States of the European Union and to the European Commission. + Chapter VI Dispute resolution Dispute resolution + Article 19 Legal action (1) Persons who have active standing, according to the provisions of par. (2), may request the court to order the defendant to terminate any action or abstentions contrary to the provisions of this law, to prohibit its resumption in the future and to oblige the defendant to compensation for the damage suffered. (2) They have active standing for the introduction of the action provided in par. ((1): a) natural and legal persons who claim to be titular of a subjective right provided by this law or of an interest that can only be achieved by the way of justice; b) associations and non-governmental organizations provided in art. 18 18 para. ((1); c) National Authority for Consumer Protection, offices for the protection of county consumers and the Consumer Protection Office of the city of Bucharest; d) entities set up for the purpose of consumer protection in the Member States of the European Union, under the conditions laid down by the methodological norms for the application of (3) The action provided in par. ((1) shall be prescribed within one year of the date of the action or of the abstention which justified its introduction. (4) Persons who have active standing, according to the provisions of par. (2), may request the court, by way of injunction, the termination of any action or abstentions contrary to the provisions of this law, under the conditions provided by the Code of Civil Procedure. + Article 20 Settlement of disputes by way of extrajudicial (1) Service providers and recipients may submit disputes arising between them to arbitration, under the conditions provided by law, as well as to the other extrajudicial dispute resolution pathways, provided by the codes of conduct developed according to art. 18. (2) The use of electronic means in the settlement of extrajudicial disputes is possible under the conditions provided by law. + Chapter VII Civil and contravention sanctions Civil and contravention sanctions + Article 21 Relative nullity of information society service contracts Any contract concerning the provision of information society services is cancellable at the request of the recipient, if concluded with a service provider that: a) did not provide the recipient, under the conditions provided by law, the information provided in art. 5 lit. a)-i), or has not provided all this information, or provided inaccurate information; b) did not provide the recipient, under the conditions provided by law, the information referred to in art. 8 8 para. ((1) lit. a)-e), or did not provide all this information, or provided inaccurate information, if the provisions of art. 8 8 para. ((3) or (5); c) violated the obligation provided in art. 8 8 para. (2), if the provisions of art. 8 8 para. ((3) or (5); d) violated the obligation provided in art. 8 8 para. ((4). + Article 22 Contraventions It constitutes contravention, if it is not committed in such conditions that, according to the criminal law, it is a crime, and it is sanctioned with a fine of 1,000 lei to 50,000 lei the act of the service provider that: a) carry out commercial communications in violation of the conditions laid down in 6 6 para. ((1) and para. ((2) lit. a)-d); b) does not provide the recipients and public authorities, under the conditions provided by law, the information provided in art. 5 lit. a)-i), or do not provide all this information, or provide inaccurate information; c) does not make available to the recipient, under the conditions provided by law, the information provided in art. 8 8 para. ((1) lit. a)-e), or do not provide all this information, or provide inaccurate information, if the provisions of art. 8 8 para. ((3) or (5); d) violates the obligation provided in art. 8 8 para. (2), if the provisions of art. 8 8 para. ((3) or (5); e) violates the obligation provided in art. 8 8 para. ((4); f) violates the obligation provided in art. 9 9 para. ((3); g) violates the obligations provided in art. 16 16 para. ((1)-(3); h) does not provide the information requested according to 17 17 para. ((3) or (5), or do not provide all this information, or provide inaccurate information. + Article 23 Finding of contraventions and application of sanctions (1) The finding of the contravention provided in art. 22 lit. a) and the application of the corresponding sanction shall be made, upon notification of any person or ex officio, by the authorized representatives of the Regulatory Authority in communications and information technology or of the supervisory authority provided by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. (2) The finding of contraventions and the application of sanctions provided in art. 22 lit. b)-h) shall be made by the authorized representatives of the Authority or of the other competent public authorities, upon the referral of any person or ex officio. (3) The finding of contraventions can be done, in all cases, and by the police officers or subofficers *). ((4) Contraventions provided for in art. 22 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. _____________ *) Military grade "police petty officer" was replaced with professional "police agent" degree by Law no. 360/2002 on the Statute of the policeman, published in the Official Gazette of Romania, Part I, no. 440 440 of 24 June 2002. + Chapter VIII Crimes committed in connection with the issuance and use of electronic payment instruments and the use of identification data in order to carry out financial operations Crimes committed in connection with the issuance and use of electronic payment instruments and the use of identification data in order to carry out financial operations + Article 24 Repealed. ------------ Article 24 was repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 25 Repealed. ------------ Article 25 was repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 26 Repealed. ------------ Article 26 was repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 27 Repealed. ------------ Article 27 was repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 28 Repealed. ------------ Article 28 was repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 29 Repealed. ------------ Article 29 has been repealed by point (a). 2 2 of art. 107 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter IX Final provisions Final provisions + Article 30 Burden of proof in the case of disputes concerning the provision of information society services In the case of any dispute regarding the provision of an information society service, triggered between the provider of that service and a recipient of this service, the burden of proof of fulfilling the obligations provided in art. 5, 6, 8 and 9 returns to the service provider if the recipient is a consumer. + Article 31 Repeal of provisions to the contrary Letter f) of Article 6 of the Government Ordinance no. 130/2000 on the legal regime of distance contracts, approved with amendments and additions by Law no. 51/2003 ,, is repealed. + Article 32 Entry into force and law enforcement (1) Within 3 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Communications and Information Technology shall develop the methodological norms for its application, which shall be approved by Government decision. (2) The present law shall enter into force on the date of its publication in the Official Gazette of Romania, Part I, and shall be implemented 3 months after the date of entry into force. * This law transposes Directive 2000 /31/EC on certain legal aspects concerning the services of the information society, in particular electronic commerce in the internal market, published in the Official Journal of the European Communities no. L 178/2000. -------