Inspection by the Centre

What the Law requires

1. 01Cooperation with the Centre. The controller and the processor cooperate with the Centre on request, and the person under investigation is required to submit to it and to ensure the conditions for its proper conduct. At the same time, you have the right to present evidence and explanations and to be assisted by a lawyer. art. 31 art. 81
2. 02Replies within the time limit set. The Centre requests information in writing, stating the legal basis, the purpose and a time limit of at least 5 working days. You are required to answer factual questions and provide documents, without being required to admit an infringement. The confidentiality of criminal prosecution, banking, commercial, tax, medical or professional secrecy, personal data and other information with limited access cannot be invoked; the exception is lawyers’ professional secrecy under art. 55 of Law No. 1260/2002 on the Legal Profession. art. 82
3. 03Documents that demonstrate compliance. The Centre may obtain access to all personal data and to the information it needs, and the records of processing activities, if you are required to keep them, are made available to it on request. If the documentation and information received are not sufficient, the investigation may be carried out on site. art. 30 art. 60 art. 81
4. 04Knowing the consequences. When the investigation ends, the Centre issues a reasoned decision and may apply corrective measures, from warnings and orders to bring processing into compliance to limitations on processing and fines. Failure to grant access and failure to comply with a corrective measure are punishable by a fine of up to 2,000,000 lei or, in the case of an enterprise, of up to 2% of the total turnover achieved in the year preceding the imposition of the sanction, whichever is higher. art. 60 art. 84 art. 88