The Senate adopted a law requiring digital providers to have a legal representative in the EU to facilitate access to electronic evidence

On Wednesday, the Senate adopted, as the decision-making chamber, the bill requiring providers of electronic services operating in the European Union to designate a registered office or legal representative in a member state. The measure aims to facilitate authorities’ access to electronic evidence in criminal investigations, including cases involving cybercrime.

The legislation, initiated by the Government, transposes Directive (EU) 2023/1544 into Romanian law and establishes rules for cooperation between competent authorities and companies providing digital services. The legal representative or designated office will be responsible for receiving and executing orders issued to obtain electronic data.

The provisions apply to providers offering services in Romania or other member states, with the exception of companies operating exclusively within Romania. Providers that choose Romania must notify ANCOM, the authority designated to coordinate cooperation with similar institutions in the EU.

Companies already providing services will have six months from the law’s entry into force to comply. The law must still be promulgated by the president and published in the Official Gazette. Authorities say that implementation of the new rules must respect data protection and fundamental rights.