New Consumer Protection Rules Regarding Unfair Commercial Practices, Distance Contracts and Financial Services

On 27thof March 2026, the Government Emergency Ordinance No. 18/2026 amending and supplementing Law No. 363/2007 on combating unfair commercial practices of traders in their relations with consumers and harmonising regulations with European legislation on consumer protection, as well as Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, and amending and supplementing other legislative acts ("GEO 18/2026”) entered into force.

The main amendments introduced by GEO 18/2026 concern the update of the regulatory framework governing consumer protection, in light of developments driven by the digitalisation of services and the expansion of e-commerce, with a view to ensuring the alignment of national legislation with European Union standards on consumer protection.

2. Extension of the scope of misleading actions and omissions

The list of product characteristics whose erroneous presentation constitutes a misleading action is extended, through the express inclusion of environmental or social characteristics, as well as aspects related to circularity, durability, reparability or recyclability.

Furthermore, two new forms of misleading actions are introduced, namely:

• making an environmental claim regarding future environmental performance without clear, objective and verifiable commitments, set out in a detailed and realistic implementation plan, periodically verified by an independent third-party expert and whose results are made available to consumers; and
• advertising benefits for consumers that are irrelevant and do not result from any characteristic of the product or the undertaking.

Additionally, the notion of essential information whose omission constitutes a misleading omission is extended to product characteristics such as durability, reparability or recyclability, information on the method of comparison, the products subject to comparison and the suppliers of those products, as well as the measures put in place for updating the information.

The new regulation introduces twelve new prohibited commercial practices, targeting, among others:

• displaying a sustainability label that is not based on a certification scheme or is not established by public authorities;
• making generic environmental claims without demonstrating recognised outstanding environmental performance relevant to the claim;
• making an environmental claim about the entire product or the trader's entire activity, when it relates only to a specific aspect of the product or a specific component of the trader's activity;
• claiming, on the basis of greenhouse gas emission offsets, that a product has a neutral, reduced or positive environmental impact;
• presenting requirements imposed by law for all products in the relevant product category on the European Union market as a distinctive feature of the trader's offer;
• failing to inform the consumer about the negative impact of a software update on the functioning of goods or on the use of digital content or digital services;
• presenting a software update as necessary when it is limited to improving functionalities;
• commercial communication regarding a good that contains a feature introduced for the purpose of limiting its durability, where information about that feature and its effects on the durability of the good is available to the trader;
• falsely claiming a certain durability attributed to a good;
• presenting a good as allowing repair when this is not possible;
• inciting the consumer to prematurely replace consumables; and
• failing to provide information regarding the depreciation of the functionality of a good when using consumables, spare parts or accessories not supplied by the original manufacturer.

These amendments entered into force on 27^th of March 2026 and shall apply as of 27^th of September 2026.

In respect of any contractual relationships between consumers and professionals, the new legislative act introduces, among others, the following definitions, to be applicable as of 27 September 2026:

• "reparability score" – a score expressing the capacity of a good to be repaired, based on harmonised requirements at the EU level;
• "software update" – a free update, including security updates, necessary to maintain the conformity of goods with digital elements.

Furthermore, the new regulation cross-references existing legislative acts to define the concepts of "commercial guarantee of durability", "durability" and "manufacturer".

• the existence of the legal guarantee of conformity for goods, including for digital content and digital services, as well as its main elements;
• the existence and duration of the commercial guarantee of durability offered by the manufacturer, provided that it is granted at no additional cost, covers the entire good and has a duration exceeding two years;
• the existence and conditions applicable to after-sales services and commercial guarantees;
• the minimum period during which the manufacturer or supplier ensures the provision of software updates, in the case of goods with digital elements, digital content and digital services;
• the reparability score of the goods, where applicable;
• the availability, estimated cost and ordering procedure for spare parts necessary to maintain the conformity of the goods, the availability of repair and maintenance instructions, as well as any repair restrictions, to the extent that the manufacturer makes such information available to the trader.

• the arrangements for payment and delivery, including, where available, environmentally-friendly delivery options, the arrangements for performance, the date by which the professional undertakes to deliver the goods or perform the services and, where applicable, the professional's complaint handling policy;
• the conditions, time limits and procedures for exercising the right of withdrawal.

• Pre-contractual information requirements

Before a distance contract for financial services or any similar offer becomes binding on the consumer, the professional is required to provide the consumer with detailed information including, among others: the professional's identification and contact details, a description of the financial service, the total price, the consequences of late or non-payment, price personalisation based on automated decision-making, risks associated with financial instruments, the existence of other unpaid taxes and/or costs, details regarding payment methods and performance, the duration of the contract, the right of withdrawal, the right of termination etc.

Where the pre-contractual information is provided to the consumer less than one day before the provisions of the distance contract become binding, the professional has the additional obligation to send the consumer, on a durable medium, within a period between 1 and 7 days from the conclusion of the contract, a reminder regarding the possibility of withdrawing from the contract and the applicable withdrawal procedure.

• Right of withdrawal from distance contracts for financial services.

The consumer benefits from a period of 14 calendar days (or 30 calendar days in the case of personal pension operations) to withdraw from a distance contract for financial services, without penalties and without giving any reason.

The withdrawal period is calculated either from the date of conclusion of the contract, or from the date on which the consumer is informed of the contractual terms and conditions and the pre-contractual information, if the latter date is subsequent. Where the consumer has not been informed of the pre-contractual information, the withdrawal period expires 12 months and 14 days from the date of conclusion of the contract.

• Payment for the service provided prior to withdrawal

Where the consumer exercises the right of withdrawal, the consumer may only be required to pay for the service actually provided, the amount not exceeding a value proportional to the service already provided and not being construed as a penalty.

In the case of withdrawal from an insurance contract, consumers may not be required to pay any amount.

The professional may not request payment if it fails to prove that the consumer was duly informed or if it commenced the performance of the contract before the expiry of the withdrawal period.

The reimbursement of amounts between the parties shall be carried out without undue delay, within a maximum of 30 calendar days.

• Obligation to provide adequate explanations

Professionals are required to provide the consumer, free of charge and prior to the conclusion of the contract, with adequate explanations regarding the proposed financial services contracts, enabling the consumer to assess whether the proposed contract and ancillary services are suited to their needs and financial situation.

Where the professional uses online tools (chatbots, automated forms, etc.), the consumer has the right to request and obtain the intervention of a natural person at the pre-contractual stage, as well as, in justified cases, after the conclusion of the distance contract. This safeguard is intended to ensure that automated decision-making does not entirely replace human assistance, and the burden of proof regarding compliance with these requirements lies with the professional.

• Additional protection regarding online interfaces

When concluding distance contracts for financial services, professionals may not design, organise or operate their online interfaces in a manner that misleads or manipulates consumers or that materially distorts or impairs their ability to make free and informed decisions.

The following are expressly prohibited: highlighting certain options when requesting a decision from consumers, repeatedly requesting that the consumer make a choice already made (including through pop-up windows), and making the procedure for terminating a service more burdensome than the procedure for subscribing to it.