Law

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Law no. 455/2001 on electronic signature

 

• is an important step in the recognition of electronic documents;

• document in electronic form that is followed by an extended electronic signature (which comply with the law) is recognized as having the same effect as a document under private signature;

• The objective is to create a legal framework in which electronic contracts are accepted and recognized;

• certification service provider is obliged to keep secret the information received in the course of work, except those for which the holder has consented to be published or others;

 

Law no. 365/2002 on electronic commerce

• The law clearly states that before the start of an information service provider must ask for the express agreement of the action is intended;

• therefore on unsolicited commercial communications solution is opt-in;

• recipient must express their express consent to receive such communications before the start of the campaign propiu itself;

• already rooted in our practice is to circumvent the directive by introducing a message that the recipient has the ability to stop sending information to him; but this notification is done when sending the message, so without obtaining a prior agreement;

 

• Another provision of the law is that no information in the message sent to the sender; This does not mean that the inclusion of this data can substitute, prior agreement of the recipient, as is done frequently;

• Unfortunately, these violations were sanctioned in an insufficient number of cases, which makes the practice to be continued;

• coverage that legislation has on reality is still precarious, leaving gaps unsatisfactory for those working in the field;

 

Law no. 677 of 21 November 2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data

• the law requires that before creating a database, to require the express consent of the persons / companies to be entered;

• agreement with the people is hampered, however, by imposing some ways difficult to enforce; So even the law, the standards, make it difficult compliance;

• regarding codes of conduct, there are companies that have understood the importance of their development and have established their business rules specific practice under the law;

• Another important point is data privacy and network security in which the communication is made; rollout and penetration of increasingly higher among people make more difficult the process of communication, trust in the information received (and therefore the sending company) as its central element.

• Thus, only in the context of a clear and fair practices, aimed punctual legal provisions can create a favorable environment for working with databases – land extremely fragile and can lead to tearing down the entire edifice planned thereafter;

• database users actions should be monitored to prevent any fraudulent or malicious;

 

Law no. 506 of 17 November 2004 concerning the processing of personal data and privacy in the electronic communications sector

 

Law no. 148 of 26 July 2000 on advertising

 

Law no. 304 of 4 July 2003 on universal service and users’ rights relating to electronic communications networks and services

GO no. 31 of 30 January 2002 on postal services

GO no. 130 of 31 August 2000 on consumer protection and completion of distance contracts

Order no. 52 of 18 April 2002 on Approval of Minimum security of personal data processing

GEO no. 79 of 13 June 2002 on the general regulatory framework for communications