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The Romanian DPA Fines yet Another Data Processor for Failure to Ensure Data Security

The Romanian DPA Fines yet Another Data Processor for Failure to Ensure Data Security

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On 11 July 2022, the Romanian DPA announced it sanctioned a courier services company with a EUR 3,000 fine for breaching its obligations regarding the level of security that must be ensured with respect to personal data.

The investigation was launched following the receipt of several complaints reporting that the database of the company was for sale on a website that has since been seized by the Federal Bureau of Investigation (FBI).

During the investigation, the Romanian DPA found that the confidentiality of the data belonging to a number of 26,566 data subjects was breached, as such data were available for sale on web.

It is important to note that the company was sanctioned for the aforementioned breach in its capacity as data processor. From the publicly available sources, this is the third time in less than 30 days when the Romanian DPA sanctions a data processor for failing to comply with the data protection requirements.

Until recent, the Romanian DPA’s enforcement policy seemed to be revolving around punishing controllers for most GDPR-related breaches. However, moving forward, we might see more data processors sanctioned in case of non-compliance with the data protection requirements, given that the Romanian DPA appears to have changed its approach.

By Iurie Cojocaru, Partner and Co-head of the Data Protection Practice, Vlad Giurgiu, Associate, NNDKP

NNDKP at a Glance

Nestor Nestor Diculescu Kingston Petersen (NNDKP) is a promoter of business law in Romania with more than 30 years of experience, independently acknowledged as a pioneer of the Romanian legal market.

NNDKP offers full-service and integrated legal and tax advice to companies from diverse industry sectors. For the past three decades, NNDKP lawyers have assisted corporations, financial institutions, private equity funds and local entrepreneurs in landmark deals and projects in Romania, contributing to the evolution of the Romanian business environment, including in innovative and niche economic sectors.

NNDKP’s team brings together knowledgeable, talented and dedicated lawyers and tax advisors active in Romania, with an impressive track record that reflects a mix of industry insights, courtroom experience and practical business sense. Over 120 lawyers & tax & IP counsellors and 50+ business support professionals form one of the largest and most respected teams of independent professional services providers in Romania. We are on the ground where needed, working either from our headquarters in Bucharest or from our regional offices in Timisoara and Cluj-Napoca – major cities and important economic, academic and social hubs in Romania.

NNDKP provides assistance in virtually all areas of practice including Advertising, Banking & Finance, Capital Markets, Competition and State Aid, Consumer Protection, Corporate / M&A and Commercial, Data Protection, Dispute Resolution, Employment, Energy and Natural Resources, Environment, EU Law, Gaming, Immigration, Insurance and Private Pensions, Intellectual Property, Pharmaceuticals and Healthcare, Infrastructure, Public Procurement and PPP, Real Estate and Construction, Tax and Telecommunications and Media.

Along the years NNDKP has established strong connections with leading international law firms and high-profile professional networks. NNDKP represents Romania in the prestigious international professional alliances Lex Mundi, World Services Group, International Attorneys Club and is a founding member of SEE Legal.

The firm is constantly top ranked in all practice areas by the renowned international guides Chambers & Partners, Legal500 and IFLR 1000. NNDKP is a 6-time winner of the much-coveted “Romania Law Firm of the Year” award at the Chambers Europe Awards gala, in 2022, 2021, 2017, 2013, 2012 and 2009.

Firm’s website: www.nndkp.ro