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LAW OF THE REPUBLIC OF MOLDOVA

of July 22, 2004 No. 284-XV

About electronic trading

(as amended on 11-11-2021)

The parliament adopts this organic law.

This law shifts the Directive of the European Parliament and Council 2000/31/EC of June 8, 2000 about some legal aspects of services of information society, in particular electronic trading, in the domestic market (The directive on electronic trading), published in the Official magazine of the European Union by L 178 of July 17, 2000.

Chapter I General provisions

Article 1. Purpose and tasks of the law

(1) the Purpose of this law is providing favorable normative basis for provision of services of information society.

(2) This law establishes the principles of regulation of electronic trading, condition of provision of services of information society, responsibility of service providers and intermediaries, and also the principle of support of cooperation between the Republic of Moldova and other countries in the course of provision of services of information society.

Article 2. Scope of the law

(1) This law extends to services of information society, except for the following:

a) types of professional activity in the field of justice in that measure in what they assume implementation of prerogatives of the public power;

b) activities for legal representation in degrees of jurisdiction and criminal prosecution authorities;

c) gamblings with cash rates, except for advertizing competitions and draws which are held for the purpose of sales promotion of goods or services, the payment for participation in which if is levied, serves only for acquisition of the advanced goods or services;

d) contractual relations between the worker and his employer;

e) sale of personal property by the physical persons which are not registered as entrepreneurs;

f) government electronic services.

(2) the Goods delivery as such or provision of services without use of the Internet (offline - services), and also use of e-mail or other equivalent means of individual communication between the physical persons acting for the purpose of which are beyond their business or professional activity including use of these means for the conclusion of agreements between specified persons, do not fall under operation of this law.

(3) This law is supplemented with provisions of the Marine life protection act of personal data No. 133/2011, of the Law on payment services and electronic money No. 114/2012, of the Law on the digital signature and the electronic document No. 91/2014, of the Marine life protection act of the rights of consumers No. 105/2003 and the Law of rights of consumers in case of the conclusion of agreements No. 8/2016.

(4) This law does not mention the protection level provided by other legal acts, in particular in the field of public health and consumer interests.

(5) This law does not mention the measures taken at the national level for the purpose of promotion of cultural and language diversity and ensuring protection of pluralism of opinions.

Article 3. Application of this law in case of provision of services of information society

(1) This law is applied to the service providers registered and/or founded in the Republic of Moldova and to the services provided by them. The provisions of this law concerning consumer protection, in particular provided by Articles 11 and 12, parts (2) – (5) Article 21 and Article 23, are applied as appropriate to service providers whose activities are directed to the Republic of Moldova or several countries, including the Republic of Moldova.

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