ROMANIA Trends and Developments Contributed by: Cosmina Maria Simion, Alina Tace and Petruș Partene, WH Simion & Partners
Also on a positive note, the coming into force of the AML Instructions in 2022 has ended an era of uncer- tainty, as it is now clear that both retail and online gambling operators, irrespective of their country of incorporation, when licensed and operating in Roma- nia are subject to all the characteristic AML obliga- tions, such as the requirement to conduct risk assess- ments, perform standard or enhanced KYC in certain scenarios, implement data retention obligations or appoint personnel qualified in the area of AML (name- ly, money laundering reporting officers, or MLROs). On the other hand, the AML Instructions have intro- duced excessive or unclear obligations. For instance, the instructions stipulate that, if certain criteria are met (eg, a specific minimum turnover or a certain num- ber of employees), operators must perform an audit confirming compliance with the AML framework. This audit must be performed every two years, but the instructions do not clarify what qualifications the auditor must have (if any) to conduct this procedure. In addition, under the AML Instructions, operators are obliged to perform a due diligence process (including the identification of the ultimate beneficial owner), not only for customers/players, but also for each business supplier. This requirement seems excessive since the AML law itself does not impose this obligation. While the AML Instructions have been in force for almost three years, it is quite clear that operators are still in the adaptation phase, so it remains to be seen how this situation will further evolve. The general impression of the market (at least at this stage) is that the authorities are not controlling the application of the new regime to check whether the AML obligations are being observed in practice. Primary Gambling Legislation On 6 October 2023, government Emergency Ordi- nance 82/2023 amending the primary gambling leg- islation entered into force. This piece of legislation has had a significant impact on the gambling industry. This trend was continued through the amendments of Law 107/2024 of 28 April 2024 and Government Emer- gency Ordinance 80/2024 of 28 June 2024 and the amendments introduced through Law 141/2025 of 25
July 2025. Without intending to provide an exhaustive list, the main amendments are set out below. • Games of chance must be operated only through a locally established company or by a company registered within the EU, European Economic Area (EEA) or Swiss Confederation that has registered a permanent establishment for tax purposes in Romania. Incumbent licensed companies not meeting such requirement on 6 October 2025 have a six-month transitory term to comply with the new requirements. • Joint operation of games of chance can now take place only based on an agreement concluded between licensed gambling organisers or between licensed gambling organisers and/or licensed B2B providers. • Outdoor advertising is limited to a maximum dimension of 35 square metres or billboard/adver- tising material. • The sale of alcoholic beverages is prohibited in locations where slot machines are operated. • The registry of self-excluded and undesirable per- sons will be held by the National Gambling Office ( Oficiul Național pentru Jocuri de Noroc , or ONJN), while operators will have real-time access to such registry. Previously, each organiser had the obliga- tion to maintain such a registry at the company level. • Electronic devices awarding winnings with limited risk were removed from primary gambling legisla- tion. • The annual licence fee for B2C gambling organ- isers has been set to a flat level of EUR300,000 irrespective of the turnover of the company. In the previous form of the law, the annual licence fee was determined based on the turnover of the company. The lowest amount was EUR15,600 (for an annual turnover of under EU500,000 per year), while the highest amount was EUR312,000 (for an annual turnover exceeding EUR10 million per year). • Annual authorisation fees were increased to up to 30% of the operator’s gross gaming revenue (GGR). • Responsible gambling fees have been significantly increased. By way of example, the responsible gambling fees for B2C online organisers increased from EUR5,000 per year to EUR500,000 per year,
422 CHAMBERS.COM
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