Legal notice

Law no. 365/2002
since 07/06/2002
Republished in the Official Monitor, Part I no. 959 of 29/11/2006
regarding e-commerce

CHAPTER III - Contracts signed by electronic means

ARTICLE 7 - Validity, legal effects and proof of contracts signed by electronic means

(1) Contracts signed by electronic means produce all the effects that the law recognizes for contracts, when the conditions required by law for their validity are met.
(2) For the validity of contracts signed by electronic means, the prior consent of the parties on the use of electronic means is not required.
(3) The proof of the conclusion of the contracts by electronic means and of the obligations resulting from these contracts is subject to the provisions of the common law on evidence and the provisions of Law no. 455/2001 regarding the signature.

ARTICLE 8 - Information to the recipients

(1) The service provider is obliged to make available to the recipient, before the recipient sends the contract offer or the acceptance of the firm contract offer made by the service provider, at least the following information, which must be clearly expressed, unequivocally and in accessible language:
a) the technical steps to be followed in order to conclude the contract;
b) whether or not the contract, once signed, is stored by the service provider and whether it is accessible or not;
c) the technical means that the service provider makes available to the recipient for identification and correction of errors occurred during data entry;
d) the language in which the contract can be signed;
e) the relevant codes of conduct to which the service provider subscribes, as well as information on how to that these codes can be consulted by electronic means;
f) any other conditions imposed by the legal provisions in force.
(2) The service provider has the obligation to offer the recipient the possibility to use a technical procedure adequate, effective and accessible, allowing the identification and correction of errors occurred during the data entry, prior to the sending of the offer or its acceptance.
(3) The service provider may derogate from the provisions of par. (1) and (2) only if otherwise agreed with the recipients, provided that neither party has the status of consumer.
(4) The general terms and conditions of the proposed contract must be made available to the recipient in a manner allowing it to store and reproduce them.
(5) The provisions of par. (1) - (3) shall not apply to contracts signed exclusively by electronic mail or other equivalent means of individual communication.

ARTICLE 9 - Conclusion of the contract by electronic means

1. Unless otherwise agreed by the parties, the contract shall be deemed to have been signed when the acceptance of the tendering contract has come to the notice of the tenderer.
(2) The contract which, by its nature or at the request of the beneficiary, requires an immediate execution of the service characteristics is considered completed when its debtor began enforcement, except if the tenderer has requested that it be notified in advance. In the latter case it applies the provisions of par. (1).
(3) If the recipient sends by electronic means the offer to contract or the acceptance of the offer farms to contract made by the service provider, the service provider is required to confirm receipt offer or, as the case may be, its acceptance, in one of the following ways:
a) sending a proof of receipt by electronic mail or by another means of individual communication equivalent, to the address indicated by the consignee, without delay;
b) confirmation of receipt of the offer or acceptance of the offer, by a means equivalent to that used for sending offer or acceptance of the offer, as soon as the offer or acceptance has been received by the service provider, with provided that this confirmation can be stored and reproduced by the recipient.
(4) The offer or acceptance of the offer, as well as the confirmation of the receipt of the offer or of the acceptance of the offer, made in one of the ways provided in par. (3), shall be considered received when the parties to whom they are addressed can access them.
(5) The provisions of par. (3) shall not apply to contracts signed exclusively by e - mail or by other equivalent means of individual communication.

ARTICLE 10 - Conditions for keeping or presenting information

(1) Where the law requires that the information be presented or kept in its original form, this requirement shall be fulfilled if the following conditions are cumulatively met:
a) there is a guarantee of the integrity of the information, ensured by observing the national standards in the field, from the moment it was generated;
b) the message is signed useful
c) the information can be immediately provided and presented upon request.
(2) The consignee shall act 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 an electronic message has been altered during its transmission or processing.