Legal Compliance for Websites in Romania: Avoiding Risks with GDPR and ANPC

The Importance of Legal Compliance for Websites in Romania

In an increasingly digital world, the legal compliance of websites is essential for businesses that want to earn customer trust and avoid legal risks. Non-compliance with basic requirements, such as GDPR and ANPC (National Authority for Consumer Protection) regulations, can lead to severe sanctions and reputational damage.

At Dalbe Digital Agency, we have observed that many websites in Romania are not aligned with legal requirements, which increases the risk of fines and other legal issues. As Shopify Partner developers, we understand the importance of implementing privacy settings and legal documents that protect both the business and its customers.

In this article, we will explore the main compliance requirements for websites, explain how Shopify simplifies this process, and offer recommendations to ensure a compliant and secure website.

Legal Framework for Commercial Websites

In the European Union, commercial websites must follow strict rules to ensure consumer protection and the safety of users' personal data. According to EU requirements, any website conducting commercial activities must meet clear standards, from data protection (GDPR) to transparency regarding company information and consumer rights. An essential guide for these requirements can be found on the official EU business portal.

For a commercial website in Romania to be compliant, the following three major requirements are relevant:

1. GDPR Compliance: Protecting privacy and personal data.
2. ANPC and EU Requirements: Consumer rights and protection.
3. Mandatory Legal Information: Transparency and clear policies, including return policies, privacy, and terms of use.

GDPR Compliance: Protecting Privacy and User Rights

GDPR (General Data Protection Regulation) is an EU regulation imposing strict standards for personal data protection and transparency. For commercial websites, this means clear measures must be implemented for collecting, processing, and protecting users' personal data.

1. Privacy Policy
   • What it is: A mandatory document explaining what data is collected, the purpose of collection, and how it is used. It is typically placed in the footer or main menu.
   • Shopify Implementation: Shopify provides a dedicated section for policies and can generate templates. However, it is highly recommended to have these reviewed by a professional. We have collaborated since 2021 with Ionel Orza, DPO, and the GDPRComplet team (https://gdprcomplet.ro) for expert legal alignment.
2. Cookie Consent
   • What it is: Websites must obtain explicit consent for non-essential cookies (marketing/tracking).
   • Shopify Implementation: Shopify allows for native cookie banner integration and supports various specialized apps to manage consent according to regional laws.
3. User Rights
   • Data Management: Users have the right to access, correct, or delete their data. Shopify facilitates this through its dashboard, allowing businesses to respond quickly to customer requests.

Fines for GDPR Non-compliance in Romania

Sanctions can reach up to €20 million or 4% of global annual turnover. In Romania, the National Supervisory Authority for Personal Data Processing (ANSPDCP) enforces these rules. Many companies have been penalized for inadequate privacy policies. More details can be found on dataprotection.ro.

Recommended Partner: GDPRComplet

To ensure full compliance, we recommend GDPRComplet. Their legal package for websites includes privacy policy creation, cookie management, and essential legal measures. Our DPO, Ionel Orza, and technical partner Dan Gurghian from GDPRComplet, support both our agency and our clients in staying compliant.

ANPC Requirements for E-commerce Websites

The National Authority for Consumer Protection (ANPC) mandates specific rules for online stores to ensure transparency.

SAL and SOL Icons

Websites must display links/icons for Alternative Dispute Resolution (SAL) and Online Dispute Resolution (SOL) in a visible area (usually the footer). This builds trust and fulfills legal transparency requirements.

Essential Shopify Policies

• Return Policy: Clearly set rules in Shopify's "Return Rules" section, including fees and timeframes.
• Terms of Service: A document detailing the rights and responsibilities of both parties.
• Shipping Policy: Clear information on methods, costs, and delivery times.
• Contact Information: Business details must be easily accessible for direct communication.
• Legal Notice: Additional information regarding legal obligations and consumer rights.

The Benefits of Using Shopify for Compliance

Shopify is a globally recognized platform that simplifies compliance. Beyond policy templates, it offers tools like Shopify Tax to help navigate EU tax complexities and built-in privacy settings that adapt to regional regulations.

Conclusion

Legal compliance is a vital component for any e-commerce business. While it may seem complex, tools like Shopify and collaboration with experts make it manageable.

Note: This article does not constitute legal advice. At Dalbe Digital Agency, we are IT specialists. For legal assistance, we recommend working with specialized firms like GDPRComplet or a commercial lawyer.

Useful Reference Links:

• National Supervisory Authority for Personal Data Processing
• Contact GDPR Complet
• EU Guide: Setting up a business website
• ANPC (National Authority for Consumer Protection)

This article was written in November 2024 and reflects our knowledge at that time.