Legal changes regarding the consumer protection

 

 

 

 

 

  

Legal Alert 

 
Legal changes regarding the consumer protection

 

 
Synopsis

 

 On March 26, 2026, Emergency Ordinance No. 18/2026 was published, aimed at amending and supplementing the regulatory framework of consumer protection, with a view to transpose certain European directives on strengthening consumer rights and adapting legislation to new market realities (digitalization, green transition).

Beyond the formal transposition of European rules, the Ordinance introduces a series of relevant clarifications regarding existing regulations, with a direct impact on commercial practices and information obligations.

Below we present the main relevant changes.

 

 
Amendments to Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals

New pre-contractual information obligations
(Art. 4 and Art. 6)

 

 Prior to the conclusion of the contract, traders are required to provide consumers additional information beyond what is currently required, including:

  • clear information regarding the statutory warranty (including the minimum duration of 2 years);
  • indication of the existence of a commercial durability warranty (if offered), including its duration;
  • information regarding the period during which software updates are provided;
  • details regarding the statutory warranty for digital content and services;
  • indication of the repair score (if available);
  • information on the availability of spare parts, estimated costs, and repair/maintenance instructions;
  • including eco-friendly delivery options (if available).

 

 
Online withdrawal function
(new Art. 11¹)

 

In case of contracts concluded via an online interface, the trader shall ensure that the consumer has the option to withdraw from the contract using a withdrawal function, labeled with the message “withdraw from the contract here” or a similar, unambiguous wording, displayed prominently and available at all times throughout the withdrawal period. The procedure is detailed extensively in the adopted Ordinance.

 

 
Fees for the use of payment methods
(new Art. 19¹)

Traders are prohibited from charging consumers fees for the use of a specific payment method that exceed the cost incurred by the trader for the use of such payment methods.

 

 
Harmonized notification and harmonized label
(new Art. 22¹)

A harmonized notice shall be used to provide information regarding the legal guarantee of conformity and a harmonized label shall be used for the commercial guarantee of durability, the design and content of which are set forth in Commission Regulation (EU) 2025/1960 of September 25, 2025.

 

 

Amendments to Law No. 363/2007 on Combating Unfair Commercial Practices

New definitions

Definitions are introduced for: environmental claim, generic environmental claim, sustainability label, certification system, recognized excellent environmental performance, software update, consumable, durability, and functionality.

 

 
The addition of 12 new prohibited practices to Annex 1. List of few examples:

 
  • Displaying a sustainability label that is not based on a certification system or is not established by public authorities.
  • Making a generic environmental claim for which the trader cannot demonstrate recognized excellent environmental performance relevant to the claim.
  • Making an environmental claim regarding the entire product or the trader’s entire business when it refers only to a specific aspect of the product or a specific component of the trader’s business.
  • Claiming, on the basis of greenhouse gas emissions offsetting, that a product has a neutral, reduced, or positive environmental impact with regard to greenhouse gas emissions.
  • Presenting legal requirements applicable to all products in the relevant product category on the Union market as a distinctive feature of the trader’s offer.
  • Failing to inform the consumer that a software update will have a negative impact on the functioning of goods with digital elements or on the use of digital content or digital services.
  • Presenting a software update as necessary when it is limited to improving certain functionalities.

 

 
Changes regarding misleading practices
(Art. 6 and Art. 7):

 

The definition of misleading practices is expanded to explicitly include environmental claims regarding future environmental performance without verifiable commitments and the advertising of irrelevant benefits. Furthermore, for product comparison services that provide information on social, environmental, or circularity characteristics (sustainability, reparability, recyclability), the following are considered material information: the comparison method, the products being compared and their suppliers, as well as the procedure for updating the information.

 

 

Sanctions

Failure to comply with the new obligations introduced (i.e. online withdrawal function, information requirements for distance financial services, right of withdrawal, proportional payment upon withdrawal, adequate explanations, protection of online interfaces, and fees for payment methods) is subject to a fine ranging from 5,000 RON to 15,000 RON for each individual violation. The National Authority for Consumer Protection (ANPC) is responsible for determining violations, and in specific areas, the National Communications Commission (ANCOM).

 

 

Entry Into Force Schedule

Most of the changes introduced by the Ordinance become effective on March 27, 2026, for others the implementation is phased:

  • as of June 19, 2026, some of the new rules will become applicable, particularly those regarding the introduction of the online withdrawal feature and payment fees.
  • as of September 27, 2026, most of the substantive changes will take effect, including: new rules on environmental claims, the expansion of the list of misleading commercial practices, and expanded product information requirements (e.g., reparability, software updates).

 

 

 

  

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