Category: News: client briefs
Law no. 102/2020 for ammending and supplementing the companies Law no. 31/1990
On 2 July 2020, Law No. 102/2020 for amending and supplementing the Companies Law No. 31/1990 (“Companies Law”) was published in the Official Gazette No. 583/2020 (“Law No. 102/2020”). The Law No. 102/2020 will enter into force on 5 July 2020. The Law No. 102/2020…
GDPR – Impact of COVID - 19
Following the impact of coronavirus (“COVID-19”) across the world which continues to be a source of concern for all businesses, the implementation of emergency measures (Presidential Decree no. 195 dated 16.03.2020, Military Ordinance no. 1 dated 17.03.2020, Military Ordinance no. 2 dated 21.03.2020, Military Ordinance…
Emergency situation certificates | COVID-19 | Romania
In the context of the state of emergency instated on the territory of Romanian by the Presidential Decree no. 165/2020 (hereinafter referred to as the “Decree”),1 on 25 March 2020, the Ministry of Economy, Energy and Business Environment passed Order no. 791/2020 on the issuing…
New measures related to the technical unemployment
In the context of the state of emergency declared by the Decree1 of the President of Romania due to the pandemic caused by the SARS-CoV-2 coronavirus and given the necessity of taking urgent measures to support both the employers and the employees, on March 18th,…
Amendments to the Companies Law and Accounting Law
The Law No. 163/2018 for amending and supplementing the Accounting Law no. 82/1991 (“Accounting Law”), the Companies Law No. 31/1990 (“Companies Law”) and the Law No. 1/2005 pertaining to the organization and operation of cooperatives, has been published in the Official Gazette of Romania No.…
New Law for Teleworking activity in Romania
The Romanian Parliament has recently adopted Law no. 81/2018 regulating teleworking (the “Teleworking Law”). The Teleworking Law was published in the Official Gazette of Romania, Part 1, no. 296/02.04.2018. Definition of Teleworking Teleworking is defined as a form of organising the work that allows an…
Amendments to tax legislation with impact in the IT industry
The Romanian Ministry of Finance has recently passed Order no. 3337/2017 which extends the category of software developers who benefit from income tax exemption (“Order 3337/2017” or the “New Order”). Order 3337/2017 was published in the Official Gazette of Romania, Part 1, No. 52/18.01.2018. The…
New guidelines on personal data processing at work
The focus on personal data protection is today at its peak, considering the upcoming replacement of the Data Protection Directive 95/46/EC (the “DPD”) with the General Data Protection Regulation 2016/679 (the “GDPR”), starting 25 May 2018. Opinion no. 2/2017 on data processing at work (hereinafter…
Intellectual property & Technology | Copyright
In September 2016, the Court of Justice of the European Union (the ”Court”) ruled that a professional who offers free of charge access to a Wi-Fi network within its premises cannot be held liable for copyright infringements committed by users of that network. However, the…
Reform of the European data protection rules
After more than four years of drafts and negotiations, the new EU data protection framework has finally been adopted. It takes the form of a General Data Protection Regulation (the “GDPR”)1 and a Data Protection Directive for Police and Criminal Justice Authorities (the “PCJA Directive”)2,…
Law regarding the recovery and resolution of insurance undertakings
The law regarding the recovery and resolution of insurance undertakings (the “IRR Law”) was published with the Official Gazette on 02 November 2015 and entered into force on 05 November 2015. In a nutshell, the IRR Law is meant to implement principles and tools similar…
Labour law - Case of Bărbulescu v Romania
On 12 January 2016, the European Court of Human Rights (the “Court”) ruled that that there had not been a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms protecting the individual’s private life in case of an…
Law on mortgage bonds
Law no. 304/2015 on mortgage bonds (the “Law”) was published with the Official Gazette on 4 December 2015 and will enter into force within 90 days as of its publication. (more…)
Law regarding the recovery and resolution of credit institutions and investment firms
On 03 December 2015, Romania’s President has promulgated the law regarding the recovery and resolution of credit institutions and investment firms (the “BRR Law”), transposing the Bank Recovery and Resolution Directive (the “BRRD”). The BRR Law is now pending publication with the Official Gazette and…
Anti-money laundering and terrorist financing | EU
On 25 June 2015, the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (“4th AML Directive“) entered into force,…
Amendments to the registration procedure with the Trade Registry and the Companies Act
On 16 June 2015, the Law No. 152/2015 amending and supplementing the legislation regarding the registration with the trade registry (“Law No. 152/2015”) has been announced and is pending publication with the Official Gazette. The Law No. 152/2015 transposes the Directive 2012/17/EU of the European…
The New Law on the Insolvency of Individuals
On 26 June 2015, Law no. 151/2015 regarding the insolvency of individuals (the “Law”) was published with the Official Gazette. The Law sets forth the legal framework for a collective procedure aimed at supporting the financial recovery of good-faith individuals, by means of covering their…
Draft Law Transposing the Bank Recovery and Resolution Directive
On 11 June 2015, a draft law regarding the recovery and resolution of credit institutions and investment firms, and for amending and completing certain enactments in the financial field (the “Draft Law”), transposing the Bank Recovery and Resolution Directive (the “BRRD”), was published for public…