LAW OF THE REPUBLIC OF MOLDOVA

of March 20, 2025 No. 53

About assistance to ensuring justice and transparency for the companies using on-line intermediary services

The parliament adopts this organic law.

This law partially shifts (Article 1-4, of part (1) - (6) Articles 5, Article 6-12, 15 and 17) Regulations of the European parliament and Council (EU) 2019/1150 of June 20, 2019 about assistance to ensuring justice and transparency for the companies using on-line intermediary services (the text extends to the EEA), L186 published in the Official log of the European Union of July 11, 2019, CELEX: 32019R1150.

Article 1. Subject and scope

(1) the Purpose of this law consists in assistance to proper functioning of the domestic market by establishment of the rules designed to provide to the companies using on-line intermediary services and professional users of the websites in their relations with information retrieval systems necessary degree of justice, transparency and possibility of application of effective recovery measures.

(2) This law is applied to the on-line intermediary services and information retrieval systems provided or offered for provision to the companies using on-line intermediary services and according to professional users of the websites, the location or the place of stay of which is the Republic of Moldova and which offer through such on-line intermediary services or information retrieval systems goods or services to the consumers who are in the territory of the Republic of Moldova irrespective of the location or the place of stay of suppliers of the corresponding services and applicable law.

(3) This law is not applied to on-line payment services, on-line advertizing tools or marketpleysa which are not provided for the purpose of simplification of initiation of direct transactions and do not assume contractual relations with consumers.

(4) This law does not mention the regulations prohibiting or the punishing one-sided behavior or unfair commercial practice if only the corresponding aspects are not regulated by this law. This law does not mention regulations of the civil law, in particular contract law, including the regulations concerning legal force, creation, action or cancellation of the agreement if only the corresponding aspects are not regulated by this law.

(5) This law does not mention the precepts of law regulating the international legal cooperation on civil cases, the competition, data protection, protection of trade secret, consumer protection, electronic trading and financial services.

Article 2. Concepts

For the purposes of this law the following concepts are used:

1) additional goods and services - goods and the services provided to the consumer before transaction initiated concerning on-line intermediary services in addition to primary goods or the services provided by the company using on-line intermediary services through on-line intermediary services and in addition to these goods and services;

2) control - the property right to the company or capability to exert decisive impact on it in the value determined in the concept "control", stipulated in Article 4 Competition acts No. 183/2012;

3) the consumer - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

4) the supplier of information retrieval systems - the physical person or legal entity providing or suggesting to provide information retrieval systems to consumers;

5) the supplier of on-line intermediary services - physical person or legal entity which delivers or offers on-line intermediary services to the companies using on-line intermediary services to delivery;

6) hierarchy - the relative visibility provided to the goods or services offered through on-line intermediary services or the importance provided to search results with information retrieval systems as they were provided, systematized or transferred by suppliers of on-line intermediary services or suppliers of information retrieval systems irrespective of the technical means used for such representation, systematization or transfer;

7) the microcompanies, the small and medium companies (MSP) - the companies at which less than 250 people work and at which the annual turnover does not exceed 960 million lei and/or the overall year balance of which is not exceeded by 840 million lei;

8) the company using on-line intermediary services - the physical person who is the entrepreneur or the professional or the legal entity offering goods or services to consumers through the on-line intermediary services for the purpose of connected with implementation by them business, business, craft or professional activity;

9) the information retrieval system - the digital service allowing users to enter requests in the form of the word, the voice address, the phrase or other entered element for information search on all websites or websites in certain language on any subject and issuing them results in any format which can contain information relating to the requested content;

10) mediation - the structured process used in the value determined by article 2 of the Law on mediation No. 137/2015;

11) the durable carrier - the tool allowing the companies using on-line intermediary services to store information addressed personally to them, in the form available to subsequent its use during the period of time corresponding to purpose of this information, and giving the chance to reproduce the stored information in invariable type;

12) on-line intermediary services - services which meet in total the following requirements, in particular:

a) are services of information society in the value determined by article 4 of the Law on services of information society No. 284/2004;

b) allow the companies using on-line intermediary services to offer goods or services to consumers for the purpose of simplification of initiation of direct transactions between these companies and consumers irrespective of the place of the final conclusion of the corresponding transactions;

c) are provided to the companies using on-line intermediary services based on contractual relations between the supplier of the corresponding services and the companies using on-line intermediary services which offer goods or services to consumers;

13) rules and conditions - all rules and conditions or specifications irrespective of their name or form of representation which govern contractual relations between the supplier of on-line intermediary services and the companies using its on-line intermediary services and which are determined by the supplier of on-line intermediary services unilaterally at the same time such one-sided determination shall be based on global assessment for which the relative value of such parties, the fact of negotiation or the fact that separate requirements could be subject of these negotiations and are jointly determined by the corresponding supplier and the company using on-line intermediary services in itself have no crucial importance;

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