Arhive International, Business, IP & Digital Law - Măglaș Alexandru - Cabinet de Avocat București Skip to content

Category: International, Business, IP & Digital Law

Cyberattack on Your SaaS Vendor: Who Is Liable Between Controller and Processor After a GDPR Breach?

The Renault Commercial Roumanie case shows that a breach coming from the vendor stack does not end with “the supplier made a mistake”. The Romanian DPA looked at both the actual security of the processing and the choice of the processor. In this guide, I explain who is liable, what obligations arise before the incident, how to manage the first 24–72 hours, when to notify the Romanian DPA, when to inform data subjects, and what the SaaS vendor contract must contain.

Serving court documents to a spouse/parent abroad: why it takes time and how to reduce delays

“The case is stuck because the other party lives abroad.” In many family cases, service of documents is the slowest procedural step.

Inside the EU, service is mainly governed by Regulation (EU) 2020/1784 (EUR‑Lex).

Outside the EU, timing often depends on whether the destination country is a party to the Hague Service Convention (1965) and how the Central Authority works in practice.

International contracts with Romanian partners: clauses that decide the outcome of a dispute (jurisdiction, arbitration, governing law, evidence, notices)

Practical guide for cross-border contracts involving Romania (a Romanian counterparty or performance in Romania): jurisdiction and arbitration clauses, governing law (Rome I), notices, evidence and contract language, escalation (negotiation/mediation/arbitration), plus good vs bad clause examples, a due diligence checklist and red flags.

Debt recovery in Romania for foreign companies: a complete strategy (pre‑litigation, fast‑track procedures, enforcement, insolvency)

A complete, practical guide for foreign companies facing unpaid commercial invoices in Romania: pre‑litigation (evidence, demand letters, negotiation/mediation), fast‑track routes (payment order, small‑value claims and EU options), enforcement (asset tracing, garnishment, seizure) and what changes if the debtor enters insolvency.

Recognition & Enforcement in Romania: foreign court judgments, arbitral awards (New York Convention) and ICSID awards (one master guide)

This guide is written for (1) creditors who want to recover against assets located in Romania and (2) debtors who are targeted with recognition/exequatur or enforcement measures in Romania. It shows the decision forks, the document package, the typical refusal grounds and the tactical moves that matter in the first 48 hours. Internal deep-dives on […]

Complete guide: how to manage a cross-border dispute connected to Romania (from the first document to enforcement)

If you live abroad (individual) or run a foreign company and something legal “touches” Romania—an unexpected court document, an administrative decision, a contractual dispute, a debt recovery issue, a seizure risk, or a foreign judgment you want to enforce—your biggest risk is rarely the substance alone. The biggest risk is procedure: service of documents across […]

FDI screening in Romania and the EU: a checklist for foreign investors buying assets/companies (energy, IT, infrastructure)

If a foreign investor is buying a Romanian company or assets in energy, IT or infrastructure, FDI screening can become a critical path item. This hub explains the EU framework and Romania’s rules, highlights common red flags, and provides a board-ready checklist for planning timeline, documents and stakeholders.

Jurisdiction clauses and arbitration clauses in international contracts: practical guide + commented model clauses + typical mistakes

In international contracts, the dispute-resolution clause often matters more than the commercial discount: it can decide speed, cost, confidentiality and whether you can actually enforce on assets. This guide compares court litigation vs arbitration, provides commented “model clauses” (good vs risky), a negotiation checklist, escalation clause examples, and explains the enforcement angle (EU: Brussels I bis; arbitration: New York Convention; exclusive choice of court support: HCCH 2005; drafting references: UNCITRAL).

Apostille, superlegalisation, authorised translations: the complete guide for foreign documents used in courts/notary proceedings in Romania

If you need to use a document issued abroad in Romania (in court, before a notary, or with public authorities), focus on three checks: the authentication route (Apostille vs legalisation/superlegalisation vs EU simplifications), the translation route (authorised translator + signature legalisation), and the acceptable form of the document (original or certified copy). This guide is a source-linked “one-stop hub” with steps, checklists and the most common rejection pitfalls.

Received a document from Romania while abroad? Guide + checklist + timeline (24h / 7 days / 30 days) to avoid missed deadlines

If you were served with a Romanian court/authority document while abroad, the clock may already be running. This practical hub helps you identify the document, locate the legal deadline, and act in the first 24 hours, 7 days, and 30 days to protect your rights.

Practical A–Z glossary for international litigation involving Romania: 120+ client‑friendly terms explained

A practical, citation‑ready A–Z glossary (171 terms) for international litigation involving Romania, written in plain English. It covers civil procedure, EU instruments, arbitration, enforcement and family/succession. Each term includes a short definition, practical context and a source code pointing to an official legal instrument (listed in “Sources”).

Recognition and enforcement in Romania: EU judgments, non‑EU judgments, UK post‑Brexit judgments and arbitral awards (New York/ICSID) – comparative guide

A comparative, citation‑ready reference page for enforcing foreign decisions in Romania: EU court judgments, non‑EU judgments, UK post‑Brexit judgments, commercial arbitral awards under the New York Convention, and ICSID awards. Includes a comparative matrix, three step‑by‑step text flowcharts, refusal grounds explained in plain language, a preparation checklist, and guidance on when to use local counsel + a Romanian bailiff.

Cross‑border debt recovery in Romania: notice templates, steps and strategies (creditor toolkit)

A citation‑ready toolkit for businesses recovering debts in/into Romania: a late payment notice template, a pre‑litigation checklist, a practical decision guide (negotiation vs fast procedures vs standard claim), an evidence pack guide, a “common mistakes” table, and an interest/penalties clause example—each anchored in official sources.

EU Library for Cross‑Border Civil Litigation: procedures, forms and official resources (complete guide)

This guide is a citation‑ready resource hub to the EU’s core cross‑border civil and commercial litigation tools, with direct links to official pages and online forms. Use it as a single starting point for unpaid invoices, small claims, serving documents abroad, taking evidence across borders, freezing bank accounts, legal aid and enforcing EU judgments.

Apostille, Superlegalisation, Certified/Sworn Translations: The Practical Global Guide (with Official Resources)

A practical, globally applicable guide to get documents accepted abroad: when you need an apostille, when you need consular legalisation (superlegalisation), how to plan certified/sworn translations, and what to do first to avoid rejections. Includes checklists, recommended order, and official resources (HCCH, ministries, consulates).

Civil/Commercial Litigation in Romania for Foreign Clients: Courts, Deadlines, Fees, Costs, and Remote Participation

If you are outside Romania and receive court papers (or plan to sue a Romanian counterparty), the first decisions you make—within days—can shape the whole case. This guide explains, in practical terms, how Romanian civil/commercial disputes move through courts and appeals, what deadlines commonly apply, what court fees and litigation costs to budget for, and how to participate remotely (powers of attorney, service/communications, translations, videoconference options and limits). You will also find realistic examples, a “first 7 days” checklist after receiving documents, and a mini-glossary of key terms. For cross-border situations, we point you to the official sources for court fees, EU document service rules, and apostille/legalisation basics.

Debt recovery in Romania for foreign creditors: notice, fast-track procedures, interim measures and enforcement

If you are an EU or non-EU creditor and the debtor has bank accounts, receivables or assets in Romania, recovery can be efficient when you follow the right sequence: a properly documented pre-action notice, choosing a suitable fast-track court route (Romanian payment order or the Romanian small-claims track when the amount fits), applying interim measures early (precautionary attachment/garnishment) and then moving quickly to enforcement through a Romanian bailiff.
This guide explains what to prepare, how to build a “minimum creditor file”, when each procedure makes sense, how interim measures work in practice and what typically blocks cross-border cases: weak proof of performance, defective service of documents, choosing the wrong path (EU tools vs Romanian procedures), and waiting too long before freezing assets.

Interim Measures and Freezing Orders in Romania in Support of Foreign Litigation or Arbitration

Romania does not use the common-law concept of a worldwide freezing order, but its Code of Civil Procedure provides powerful conservatory tools—asset-attachment and conservatory garnishment measures—as well as urgent injunction-style relief through the presidential ordinance procedure. Those mechanisms can be used to preserve Romanian assets or evidence while the merits are litigated or arbitrated abroad. This article maps the main interim measures available, explains the decision thresholds (urgency, risk of dissipation and a prima facie showing), and then shows how the cross-border framework works in practice: EU cases under Brussels I Recast Article 35, non-EU cases under Romanian international jurisdiction for urgent measures, and arbitration-support strategies. Practical filing and enforcement considerations are included throughout.

Recognition and Enforcement of Foreign Arbitral Awards (Including ICSID) in Romania

A creditor-focused roadmap to enforcing foreign arbitral awards in Romania. It explains the two main tracks: New York Convention enforcement for most commercial awards and the specific regime for ICSID awards. It covers how to select the correct legal basis, prepare the evidence package and translations, file the Romanian court application, and plan execution against Romanian assets. It also maps the limited refusal grounds under Article V and the practical arguments debtors raise, with practice-based pointers on how Romanian courts tend to approach them.

Recognition and Enforcement of Foreign Court Judgments in Romania: Practical Guide for Creditors

This guide explains how a creditor can turn a foreign court judgment into an enforceable recovery strategy in Romania. It starts with the threshold classification step: whether the case falls under an EU regime (where enforcement is typically streamlined and document-driven) or outside the EU, where Romanian recognition and enforcement rules apply. It then walks through the practical workflow—what to collect from the state of origin, how to prepare a Romania-ready enforcement file, and how to plan enforcement around the debtor’s assets (bank accounts, receivables, movable and immovable property). Finally, it outlines the most common debtor defences—especially procedural and public policy objections—and shows how to pre-empt delays by building a clean record (finality/enforceability, service and right to be heard, and consistency with prior proceedings).

Litigating Cross-Border IP Disputes in Romania: Strategy for Foreign Rights Holders

Foreign rights holders increasingly face cross-border IP disputes that touch Romania. This article explains how to choose the right Romanian court, determine the applicable law, and build a persuasive evidence strategy, including digital proof and expert reports. It also shows how to coordinate Romanian actions with EUIPO proceedings, the Unified Patent Court and EU regulations on jurisdiction, evidence and enforcement, so that IP enforcement across Europe forms one coherent, effective strategy.

Protecting Trade Secrets and Know-How in Romanian Operations of Foreign Groups

This article explains how foreign corporate groups can protect trade secrets and know-how in their Romanian operations. It covers the EU and Romanian legal framework (Directive 2016/943, GEO 25/2019, unfair competition and labour law), internal trade secrets governance, NDAs and non-compete clauses for employees and contractors, as well as enforcement strategies before Romanian courts, including interim measures, damages and coordination with unfair competition and criminal proceedings.

Licensing and Franchising in Romania: Drafting and Enforcing IP Agreements for Foreign Brands

The article provides a practical framework for structuring licensing and franchising arrangements in Romania for foreign brands. It discusses how IP rights should be granted, typical contractual pitfalls under Romanian law, and enforcement strategies when local partners breach the agreement.

Domain Name and Social Media Impersonation Involving .ro: Legal Remedies for Foreign Companies

This article examines how third parties use .ro domains and social media accounts to impersonate foreign companies and divert customers. It outlines the main legal tools available in Romania, from domain name procedures and takedown requests to unfair competition claims and interim measures in court.

Customs Seizures of Counterfeit Goods in Romania: Guide for Foreign Rights Holders

The article offers a step-by-step guide for foreign rights holders on using Romanian customs to detect and seize counterfeit goods at the border. It explains how to file an application, cooperate with customs, assess evidence and follow up with civil or criminal proceedings after a seizure.

Online Copyright Infringement in Romania Against Foreign Creators: What You Can Do

This article explains how foreign creators and rights holders can respond when their works are uploaded, streamed or resold online in Romania without permission. It covers platform procedures, warning letters, civil and criminal options, and practical evidence tips tailored to cross-border cases.

Stopping Free-Riding and Unauthorized Resellers in Romania: Brand Protection for Foreign E-Commerce Businesses

The article looks at how foreign e-commerce brands can react when Romanian sellers free-ride on their reputation, undercut prices or ignore distribution rules. It reviews the legal tools available under trademark, unfair competition and platform rules, and how to design a coherent enforcement and communication strategy on the Romanian market.

Registering Trademarks in Romania and the EU: A Practical Guide for Foreign Brands

The article explains how foreign brands can secure trademark protection in Romania and at EU level, from clearance searches and filing strategies to opposition and enforcement. It highlights typical pitfalls for e-commerce and consumer brands and how to build a trademark portfolio aligned with business expansion plans.

Challenging a Romanian Building Permit Refusal as a Foreign Developer

This article explains why Romanian authorities may refuse a building permit and how foreign developers can react when this blocks a project. It covers typical grounds for refusal, administrative and court challenges, interim measures and practical tips for aligning permitting strategy with urban planning and financing constraints.

Freezing Orders, Seizures and Garnishments in Romania Affecting Non-Residents

The article describes how freezing orders, seizures and garnishments are imposed in Romania and how they can affect non-residents who keep assets or income in the country. It outlines the main authorities involved, typical scenarios (blocked bank cards, seized salaries or real estate) and the legal options to contest, lift or limit enforcement measures.