Discusses the state of direct marketing and what channels are available for companies to use direct marketing.
Last Published: 7/25/2019

The direct marketing industry has been growing in Romania.  The Romanian Direct Marketing Association (ARMAD) is a member of the Federation of European Direct Marketing (FEDMA) and the European E-commerce and Mail Order Trade Association (EMOTA).  Romania does not have a national "do-not-call list," but in 2007, ARMAD implemented a “do-not-mail” list.  There is a wide range of EU legislation that impacts the direct marketing sector.  Compliance requirements are stiffest for marketing and sales to private consumers.  The following gives a brief overview of the most important EU-wide provisions on distance-selling and on-line commerce.

The EU General Data Protection Regulation (GDPR) replaced the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens’ data privacy, and to reshape the way organizations across the region approach data privacy.

-- Processing Customer Data
The EU has strict laws governing the protection of personal data, including the use of such data in the context of direct marketing activities.  It is recommended to discuss this topic with advisors prior to engaging in any activities that may involve the collection of consumer data.

-- Distance Selling Rules
In 2011, the EU overhauled its consumer protection legislation and merged several existing rules into a single rulebook - “the Consumer Rights Directive.” On April 11th, 2018, the E.C. proposed to revise existing EU consumer law directives, including the Consumer Rights Directive.

-- Alternative Dispute Resolution
In 2013, the EU adopted rules on Alternative Dispute Resolution, which provide consumers the right to turn to quality alternative dispute resolution entities for all types of contractual disputes, including purchases made online, offline, domestically, or across borders.
Key Link: Online Dispute Resolution Platform: http://ec.europa.eu/odr

-- New Legislation
In November 2017, the European Commission adopted a package of two Directives on “contracts for the supply of digital content” and on “contracts for the online and other distance sales of goods.” This package addresses the legal fragmentation and lack of clear contractual rights for faulty digital content and distance selling across the EU.  The package is currently under scrutiny at both the European Parliament and Council.
Key Links: Consumer Affairs Homepage: www.ec.europa.eu/consumers/index_en.htm
www.europarl.europa.eu/RegData/etudes/BRIE/2018/614707/EPRS_BRI(2018)614707_EN.pdf
Consumer Rights:
www.ec.europa.eu/justice/consumer-marketing/rights contracts/directive/index_en.htm

-- Distance Selling of Financial Services
Financial services are the subject of a separate Directive that came into force in June 2002 (2002/65/EC).  This piece of legislation is designed to ensure that consumers are appropriately protected with respect to financial transactions taking place where the consumer and the provider are not face-to-face.  The Directive was transposed into Romanian legislation by Government Ordinance no. 85/2004 on consumer protection upon the conclusion and execution of distance contracts concerning financial services, as republished on May 13th, 2008, and further amended.
Key Link: www.eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0065:EN:NOT

-- Direct Marketing over the Internet
The e-commerce Directive (2000/31/EC) imposes specific requirements connected to the direct marketing business.  The Directive stipulates that marketing e-mails must be identified as such to the recipient and requires that companies targeting customers online must regularly consult national opt-out registers where they exist.  Vendors of electronically supplied services (such as software, which the EU considers a service and not a good) must also collect value added tax (see eCommerce section below).  The Directive was transposed into Romanian legislation by Law no. 365/2002 on electronic commerce, as republished on November 29th, 2006, and further amended.
Key Link: www.ec.europa.eu/internal_market/e-commerce/index_en.html

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.