ROMANIA Law and Practice Contributed by: Cosmina Maria Simion, Alina Tace and Petruș Partene, WH Simion & Partners
9.2 Definition of Advertising In accordance with Law 158/2008, advertising is defined as any form of presentation of a trade, busi- ness, craft or profession, with the purpose of promot- ing the sale of goods or services, including immovable goods, rights or obligations. 9.3 Key Legal, Regulatory and Licensing Provisions Pursuant to GD 111/2016, any advertising of gambling activities must be performed in accordance with the legal principles in terms of the protection of minors and responsible gambling. Advertising materials can- not be placed within or on the boundaries of educa- tional, religious or social-cultural premises, and must depict, in a visible manner: • minors’ interdiction from participating in gambling, shown through visual signs; • the series and number of the gambling licence; and • the ONJN logo. 9.4 Restrictions on Advertising The most notable restrictions in terms of advertising are that: • the advertising of bonuses offered by online operators may be shown only on limited channels (namely, on the operator’s website, on the websites of its licensed affiliates or via e-messages sent to active players who have opted in to receive this type of commercial communication); • based on the updated Audiovisual Code which entered into force mid-2025, TV advertising of gambling may be shown only between 11pm and 6am, except for betting activities, which may be promoted during live sports events; and • outdoor advertising is limited to a maximum dimension of 35 square metre of billboards/adver- tising material. Starting 7 October 2025, the broadcasting of gam- bling advertising featuring public, cultural, scientific, or sports personalities, as well as other individuals who, due to their online notoriety, may encourage par- ticipation in such games, is prohibited.
9.5 Sanctions/Penalties The sanctions for infringing the advertising regime for gambling activities start with administrative fines and can theoretically lead up to the suspension or revoca- tion of the licence. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements In accordance with changes to Romania’s gambling legislation in July 2022, both B2C operators and B2B providers that hold a Class 2 licence in Romania are required to notify the gambling regulator should there be significant changes to the initial informa- tion on the basis of which the licence and authorisa- tion were granted. The meaning of the term “signifi- cant changes” has been established through Order 33/2025 issued by the ONJN President. Change of the company’s name, registered address, sharehold- ers, directors or ultimate beneficial owner are among the “significant changes” that trigger the notification requirements. 10.2 Change of Corporate Control Triggers Under Order 33/2025, any changes of the licensed entity shareholders or changes in the structure of the licensed entity’s share capital needs to be notified to the ONJN. 10.3 Passive Investor Requirements Romanian gambling legislation does not list any explicit requirements in relation to passive investors in acquisitions or changes of control. The applicable obligations (if any) are to be determined on a case- by-case basis.
11. Enforcement 11.1 Powers
Depending on the type and severity of the breach, the ONJN has the power to suspend, revoke or even cancel gambling licences. Furthermore, the gambling regulator also has the competence to apply adminis- trative fines if an operator infringes the licensing and authorisation conditions.
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