ROMANIA Law and Practice Contributed by: Cosmina Maria Simion, Alina Tace and Petruș Partene, WH Simion & Partners
3.6 Penalties for Unlawful Gambling Operating games of chance without having been granted the required licence and authorisation con- stitutes a criminal offence and shall be punished with a term of imprisonment from one month to one year, or with a fine. Additional sanctions applicable for the criminal offence of unlicensed gambling are that the gambling operator will be dissolved, and the amounts derived from the unlawful activity will be confiscated.
gaming components (note that this type of Class 2 licence is relevant for the land-based sector); (b) software providers; (c) providers of platform management and hosting services; (d) providers of live casino streaming services; (e) certification laboratories, auditors and con- formity assessment bodies; (f) payment processors; and (g) marketing affiliates. • Class 3 licence – this licence is granted by benefit of law to the Romanian National Lottery, which has a legal monopoly over the organisation of land- Class 1 and Class 2 licences are readily available, provided that the respective B2C or B2B operators meet the applicable licensing requirements. The Class 3 licence is granted only to the Romanian National Lottery. 4.5 Duration of Licences The Class 1 licence is valid for ten years and may be renewed for identical periods of time, while the authorisation is generally granted for one year and must be renewed/prolonged on an annual basis (with the exception of the authorisation for land-based tem- porary games, which is valid for three months and can be renewed). The Class 2 licence is also valid for ten years, subject to the payment of the annual licence fee within the applicable deadline. 4.6 Application Requirements As a core rule, only operators based in Romania – or by exemption in the EU, European Economic Area (EEA) or Swiss Confederation – may apply for a B2C licence and authorisation. Should the operator be based in the EU, EEA or Swiss Confederation, the company must register a permanent establishment for tax purposes in Romania as a requirement for obtain- ing the licence and authorisation. based and online lottery games. 4.4 Availability of Licences The 2024 amendments to the Romanian gambling legislation introduced an express prohibition against
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The public authority competent to supervise the Romanian gambling market is the ONJN, a special- ised body of the central public administration subor- dinated to the Romanian Ministry of Finance, which has enforcement prerogatives and is also competent to grant licences and authorisations. 4.2 Regulatory Approach The new legal framework for gambling activities was created in 2015–16, when several pieces of legisla- tion regulating the performance of gambling in Roma- nia were enacted. The ONJN has issued licences and authorisations by applying the new legislation rather literally, so one may argue that the authority’s approach in terms of regulation is quite prescriptive. 4.3 Types of Licences Romanian legislation regulates the following types of licences. • Class 1 licence and related authorisation(s) – these are the permits that must be obtained by a B2C operator in order to offer gambling services on the Romanian market (irrespective of whether this relates to land-based or online gambling). • Class 2 licence – this licence is required for B2B providers, specialising in the gambling industry, that supply products/services to B2C operators licensed in Romania. The categories of B2B suppli- ers to which the ONJN has issued Class 2 licences are as follows: (a) manufacturers, distributors and other entities performing activities with gaming qualities or
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