Information Security Monitoring for companies rendering essential services is going to be closely watched by Romanian State

Deadline to submit the file to Romanian relevant authority is 17 December 2020.

It’s for companies in the industries offering essential services (mainly energy utilities, banking, payments services, etc)

Legal background:

Law 362/2018

Why deadline is 17 December 2020?

Because all related legal acts / governmental orders and so on have been culminated with HG 976/12.11.2020 published in Official Monitor as of 17 November 2020 and a stipulation says that legal documentation / complete file has to be submitted in 30 days (so, 30 days since 17 November 2020 is 17 December).

What if not complied with?

Companies have to make an analysis on their own and if qualify – according to the law – as providing / rendering essential services (mainly in industries as energy, banking, payment companies, etc), then they have to complete a file and submit it to relevant authority.

There are more to say, for example if the delivery of such services depend on a computer network and if they can suffer from a possible unavailability of such a network (in case of a security breach) then they qualify. If not dependant on a computer network to deliver the essential service yet they have to contact the relevant authority to be told if other criteria may make the company qualify for delivering essential services under the risk of unavailability in case of various events happen.

Pay attention: the penalties for not compliance are not small. So, if your company qualifies for the regulation, but if it is unaware about such legislation and does not do that internal analysis (and further to such analysis the conclusion is that it might be qualifying), the relevant State Authority may still check upon that company after deadline.

The fine is 5% of company’s turnover.

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