Decision No. 162/2026, approving the procedures for notifying non-qualified trust service providers, granting qualified trust service provider status, registering and removing non-qualified and qualified trust service providers from the Trusted List, as well as the supervision, suspension, withdrawal, and enforcement of measures for such providers and the establishment of related fees, was published in the Official Gazette No. 246 on 30 March 2026. This decision, issued in accordance with Regulation (EU) No 910/2014 (the eIDAS Regulation), introduces updated procedures and fees for the regulation of electronic trust services in Romania, which are essential for the legal validity of digital transactions.
Key Provisions
The Authority for the Digitization of Romania (ADR) has established a detailed procedural framework for the management of trust service providers. These procedures cover the entire lifecycle of a provider, from the initial notification of non-qualified services to the attainment and maintenance of qualified provider status. “Qualified” status is critical, as it confers superior legal recognition on the services offered—such as qualified electronic signatures or qualified electronic seals—which are indispensable in business relations and dealings with public authorities.
The Decision also regulates the manner in which providers are entered into and removed from the “Trusted List,” an essential European-level database that ensures interoperability and cross-border recognition of trust services. Furthermore, it defines mechanisms for continuous supervision, suspension, or withdrawal of status, intended to ensure a constant level of security and compliance within the digital services market.
Of significant interest to companies is the introduction of the procedure for granting and withdrawing technical endorsements for electronic archiving systems. This is a fundamental requirement for entities seeking to fully digitize their document retention processes for records with legal value, ensuring that electronic archives meet the necessary standards to be recognized in court or before authorities.
Fixed fees have been established for evaluation and supervision activities. Accordingly, the evaluation of documentation and supervision of a trust service (whether qualified or non-qualified) incurs a cost of RON 2,500 (VAT included) per service. An identical fee of RON 2,500 (VAT included) applies to the evaluation of the documentation required to obtain an endorsement for an electronic archiving system. These costs must be integrated into the compliance budgets of the affected companies.
Scope and Impact
This Decision applies directly to companies acting as electronic trust service providers, including, but not limited to, providers of electronic signatures, electronic seals, time stamps, electronic registered delivery services, and electronic archiving services. It also affects any company that uses or intends to use such services for its internal or external operations (e.g., electronic signing of contracts, invoices, official communications) and which relies on their legal validity. A key segment involves entities that manage their own electronic archiving systems and require legal recognition for digitally preserved documents.
Sanctions and Consequences
While the Decision does not impose direct fines, failure to comply with the established procedures and requirements may lead to severe commercial and legal consequences for trust service providers. These include the suspension or withdrawal of qualified provider status and removal from the Trusted List, which is equivalent to losing the capacity to provide services with recognized legal standing. For companies using these services, collaborating with a non-compliant or non-qualified provider may invalidate digital transactions and archived documents, creating significant legal and operational risks.
Recommended Actions
- Update documentation in accordance with the new requirements and submit it to the Authority for the Digitization of Romania within 12 months of the publication of the Decision, if you are an existing qualified trust service provider.
- Complete the new notification procedures or the process for obtaining qualified provider status, ensuring that all technical and compliance requirements are met, if you are a new provider or seeking qualification.
- Verify the compliance status of your current trust service providers and ensure they adhere to the new regulations to maintain the legal validity of your operations.
- Evaluate internal electronic archiving systems and initiate the process for obtaining a technical endorsement from the ADR, where applicable, to ensure the legal validity of digital archives.
- Budget for the costs associated with evaluation and supervision fees if you are a provider or intend to become one.
- Ensure that relevant personnel (Legal, IT, Operations) are informed of the new procedures and implications to effectively manage risks and opportunities.
Published in the Official Gazette, Part I, No. 246 of 30 March 2026.
Note: This material is intended strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions may vary significantly depending on the specific circumstances of each entity, we recommend seeking professional legal assistance before making any operational decisions based on these changes.