Selling Online in Romania: A Legal Guide for E-commerce Businesses

Romania's e-commerce market has grown steadily, with more consumers turning to online shopping for everything from electronics to groceries. If you plan to sell goods or services online to Romanian customers, understanding the legal framework is essential. This guide covers the core obligations for e-commerce businesses, from registration to consumer rights and data protection.

Registering Your Business

Before you can start trading online, you need a legally recognised business form. Most e-commerce entrepreneurs choose a limited liability company (SRL) or a sole trader (PFA). Registration is done through the Romanian Trade Register (ONRC), which issues a unique registration code. You will also need to register for tax purposes with ANAF, the national tax authority.

VAT registration is required for businesses exceeding a certain annual turnover threshold, but you may register voluntarily even below that limit. Online sellers of digital services to consumers must also comply with special VAT rules for cross-border transactions within the EU.

Consumer Protection Essentials

Romanian consumer law is largely harmonised with EU directives, giving buyers strong rights. Key obligations for online sellers include:

• Pre-contract information: You must clearly display the main characteristics of the goods or services, total price including taxes, delivery costs, payment and delivery arrangements, and the existence of a right of withdrawal.
• Right of withdrawal: Consumers have 14 days from receiving the goods to cancel the purchase without giving any reason. You must refund the full amount, including standard delivery costs, within 14 days of being informed of the withdrawal.
• Delivery: Unless otherwise agreed, you must deliver goods within 30 days of the order. If you fail to do so, the consumer may cancel and receive a refund.
• Legal guarantee: Goods must conform to the contract and are covered by a two-year legal guarantee. You are responsible for any lack of conformity that appears within that period.

Data Protection and GDPR

Any online business processing personal data of Romanian residents must comply with the General Data Protection Regulation (GDPR) and the national law implementing it. This means you must have a clear privacy policy explaining what data you collect, why, and how it is used. You need a legal basis for processing, such as consent for marketing or performance of a contract for order fulfilment.

Key requirements include obtaining explicit consent for cookies and tracking, securing data against breaches, and honouring data subject rights like access, rectification and erasure. If you operate a website, you must also display a cookie banner that allows users to choose their preferences.

Other Legal Obligations

Your website must include detailed terms and conditions that are easily accessible. They should cover order process, payment, delivery, returns and dispute resolution. You are also required to provide an email address and other contact details for customer service.

Electronic invoicing is mandatory for all business-to-business transactions and increasingly for B2C. You must issue an invoice for every sale and keep records for at least five years. If you sell to consumers, you must also have a clear complaints procedure and inform buyers about alternative dispute resolution options.

Finally, be aware of sector-specific rules if you sell food, cosmetics, pharmaceuticals or other regulated products. These may require additional licences or labelling obligations.

Staying Compliant

E-commerce law in Romania is constantly evolving, so it is wise to review your practices regularly. While this guide covers the basics, consulting a local legal expert is recommended before launching. By following the rules, you not only avoid penalties but also build trust with Romanian consumers, which is the foundation of long-term success.