Legislative News in April 2012

LEGISLATIVE NEWS IN APRIL 2012

Important legal regulations for the business environment in Romania were published in the Official Gazette, Part I, during the month of April 2012, such as:

I. Decision no. 23/2012 of 26/03/2012 for establishing the cases where notice is not required for processing of personal data

The Act is published in Official Gazette no. 216 of 02.04.2012 and came into force on April 2, 2012.

According to the Decision, the notification of personal data processing is not required, inter alia, in the following cases:

a) when the processing of personal data is carried out by individuals or private entities authorized under a special law, in order to fulfill their legal duties;
b) when the processing of personal data is done to manage the database held by the National Archives;
c) the processing of personal data is performed for loans of books, films, art and other audiovisual works and their reproductions by public and private entities;
d) the processing of personal data is performed to brokering real estate transactions.

II. Order of the National Authority for Regulating and Monitoring Public Procurement no. 136/2012 of 06/04/2012 on the notification of the public procurement contract / framework agreement

The Act was published in Official Gazette no. 250 of 13.04.2012 and came into force on April 13, 2012.

Based on the Order, the contracting authority must send to the National Authority for Regulating and Monitoring Public Procurement, within 48 hours of completion of the public procurement contract / framework agreement, a notice on the public procurement contract / agreement Framework which was concluded.

The Notification referred above shall be made electronically using the application available on the Internet www.anrmap.ro.

The tenderer harmed by failure to conclude the public procurement contract / framework agreement in due time specified in Art. 93 (2) of Government Decision no. 925/2006 for approving the rules for implementing the provisions relating to the award of public procurement of Government Emergency Ordinance no. 34/2006 regarding the award of public procurement, public works concession contracts and services concession contracts, as amended and supplemented, entitled the National Authority for Regulating and Monitoring Public Procurement. Sending notification provided above will be made electronically using the application available on the Internet www.anrmap.ro.