Juridical Tribune Volume 8, Special Issue, October 2018 111
criticisms made prior to the adoption of the Regulation4. Romanian legal doctrine
has aligned with the European trend of awareness of the importance of the proposed
changes, including the relevance of the change in the legal nature of the act of
codifying the rules on the protection of personal data5. The controversial nature was
maintained after adoption, and some authors argued that the burdens imposed on
companies would be detrimental to the development of the business environment6.
Although the Regulation is equally applicable to public institutions, the present study
will focus on the potential problems that may be encountered in the private sector,
given the specificity of legal relationships in commerce, that deserve separate
The general consensus is that the operation of commercial companies and
their relations with customers and other participants in the commercial circuit will
be deeply affected, starting in May 2018. Changes are necessary in both internal
procedures and the external means of negotiation and undertaking of legal
obligations. Certainly, in relation to the sanctions provided by the Regulation, which
will be analysed infra, a proactive conduct of companies is desirable. It must be
emphasised that, according the sanctioning system imposed by the Regulation, any
sanction applied for violation of regulatory provisions by a Romanian subsidiary of
a multinational company will be calculated based on the global turnover figure. The
purpose of this article is to analyse the changes brought about by the entry into force
of Regulation 679/2016 and how it will change the domestic commercial climate. In
the end, we will pursue the development of principles of good commercial practices
in the light of Regulation. The utility of the paper results from the lack of a case
study on the effect of the Regulation on the internal market. We consider, in this
regard, that a correct understanding of the provisions of the Regulation is
indispensable at the present time, for Romanian traders.
2. Analysis of the nationally applicable legal framework
However, before we begin to analyse (i) the immediate effect of the
Regulation, in relation to its legislative nature and its correlation with changes in the
4 Jennifer Baker, Privacy? What privacy? EU's dra ft law on your data is useless, say digital rights orgs,
„The Register”, 4th of March 2015. The document is available online at
new_law_is_as_good_as_useless_say_digtal_rights_orgs, consulted on 1.07.2018. In this sense, the
open letter set to President Jean Claude Juncker by European Digital Rights, and backed up by another
70 international NGOs, including the Romanian Association for Internet and Technology, expresses
simillar worries. The document is available for consultation online at: https://edri.org/files/
DP_letter_Juncker_20150421.pdf, consulted on 1.07.2018.
5 Daniel- Mihail andru, Regimul juridic al proteciei datelor cu caracter personal este în proces de
regândir e, „Revista Român de Drept al Afacerilor”, no.3/2015.
6 James Brooks, Jr., Why Europe’s Stance on Data Privacy is Bad for Business, „Huffington Post”, 13
September 2017. The document is available for consultation online at the adress
business_us_59b98eb5e4b02c642e4a1378, consulted on 1.07.2018.