Romania is enacting the secondary legislation pertaining to cybersecurity in an effort to avoid European sanctions

1. Background
On October 30, 2020, the European Commission sent a reasoned opinion1 regarding
Romania’s failure to notify the national measures allowing for the identification of
operators, the number of operators of essential services and the thresholds used in the
identification process. The notification process is part of the implementation process of
the Directive (EU) 2016/1148 concerning measures for a high common level of security of
network and information systems across the Union (the “NIS Directive”). NIS Directive
was transposed into the Romanian legislation through Law no. 362/2018 for ensuring a
high common level of security of networks and information systems (“NIS Law”). The responsibility for setting up the list of essential services within the meaning of the NIS Directive falls with the Romanian National Computer Security Incident Response Team (“CERT-RO”).

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