LAW OF THE REPUBLIC OF MOLDOVA

of July 22, 2004 No. 284-XV

About services of information society

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 and 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 the rights of consumers No. 105/2003, of the Marine life protection act of personal data No. 133/2011, of the Law on payment services and electronic money No. 114/2012 and the Law on electronic identification and confidential services No. 124/2022.

(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, service providers whose activities are directed to the Republic of Moldova, and also to the services provided by them.

(2) the Activities of the service provider provided on its web page or the web page of the intermediary are considered directed to the Republic of Moldova if to the expected conclusion of the agreement with the consumer living in the territory of the Republic of Moldova, the corresponding web pages and global activities of the supplier enough clearly confirm its intention to enter in individual procedure trade relations with the consumers living in the Republic of Moldova or in the territory of several countries including the Republic of Moldova.

(3) the Combination of at least two of the following elements which list is not exhaustive can be sign of the fact that activities of the service provider are directed to the country of accommodation of the consumer:

a) international nature of activities;

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