DIGITAL SERVICES

When to file a complaint with ANCOM?

You can file a complaint with ANCOM if you are the recipient of the intermediary services and you have your domicile or residence, respectively your headquarters, in Romania and you have reason to believe that the provider of an intermediary service does not fulfill its obligations under the Digital Services Act.

Complaints can be filed in your own name or through a representative, but also by a body, organization or association that you mandate to exercise your rights.

If the complaint concerns an alleged infringement of the Digital Services Act by an intermediary service provider established in another EU Member State (e.g. Meta or X), ANCOM forwards the complaint to the Digital Services Coordinator in that Member State.

Attention!

The recipients of the services can report to the intermediary service providers the existence of certain information that they consider to constitute illegal content, and the providers have the obligation to establish mechanisms through which to take over these notifications. At the same time, if a provider has decided to delete your content or block your account and you do not agree with this decision, you must first contact the provider. The mechanisms put in place by intermediary service providers must be easy to access and use.

Although it is the responsibility of ANCOM, as the coordinator of digital services, to verify the way in which intermediary service providers comply with their obligations under the Digital Services Act, ANCOM does not have the role of ruling on whether or not certain content is illegal, nor of acting as an appeal body against the decisions of intermediary service providers in relation to illegal content or content that contravenes the rules of use established by the provider.

The main obligations of intermediary service providers are explained in the Q&A on this page.

How to file a complaint with ANCOM?

You can file a complaint with ANCOM, in relation to the violation of the provisions of the Digital Services Act, using the dedicated form. The resolution of complaints is done in compliance with ANCOM decision no. 335/2024.

What should the complaint contain?

1. Your identification data
    In order to be considered, your complaint must contain the following data: name, surname, home or residence address and an e-mail address. By exception, ANCOM will also process anonymous complaints, when they have as object or are related to crimes such as child sexual abuse, sexual exploitation of children and child pornography, as defined by the legal provisions in force.
2. The name of the complained provider
   The name of the provider (including the URL of the website) you are complaining about and other details that can help identify them.
3. Subject-matter of the complaint

• Details of the steps taken by you to the supplier (initial reporting/return/complaint) or to an out-of-court dispute resolution body;
• Details of your complaint, including why you believe the provider has failed to comply with its obligations under the Digital Services Act;
• URLs, screenshots, or other evidence that may help understand/evaluate your complaint.

Attention! Your complaint may be closed if:

• it is anonymous, illegible, contains licentious language, is manifestly unfounded;
• has the same subject-matter and relates to the same parties as an application pending before a court;
• it is a return with the same subject and on the same sides as a previous complaint to which you received a response from ANCOM.

What happens after I file a complaint with ANCOM?

After filling in all the mandatory fields of the form (link), you will receive an information at the e-mail address provided, which will contain information regarding the registration number, the content of the complaint submitted, as well as the deadline in which you will be able to send a reaction to the point of view you will receive from the provider.

During the investigation, ANCOM may find that additional information/explanations are required. In this case, ANCOM may ask you for clarifications, and if you do not follow up on the request within the indicated period, the late response will be treated as a new complaint.

In certain cases, if it deems it necessary, ANCOM may organize meetings by means of remote communication or at its headquarters.

Conduct of investigations and submission of the response:

• Case 1 – The complained supplier is in Romania

ANCOM analyzes all the information, evidence and points of view received and communicates an answer within 90 days at the latest, regardless of whether the solution is favorable or unfavorable. In the case of complex disputes, the 90-day deadline can be extended by an additional deadline of up to 90 days.

• Case 2 – The supplier is established in another EU Member State

ANCOM forwards the complaint to the Digital Services Coordinator in the country of establishment of the intermediary service provider, in accordance with its competences established by the Digital Services Regulation, accompanied by an opinion containing the conclusions of a primary assessment of the complaint, if deemed appropriate.

ANCOM will also mediate the subsequent communication with this authority (for example, if it requests additional information).

After completing the investigations, we will inform you about the resolution within 15 working days from receiving the information on the resolution adopted by this body.