Short answer
- Your company owes cybersecurity duties from two sources: OUG 155/2024, which transposes the NIS2 Directive for essential and important entities in the listed sectors, and GDPR, which covers any company processing personal data.
- If you fall under NIS2 you register with DNSC, apply the minimum risk-management measures and report significant incidents: an early warning within 24 hours, a notification within 72 hours and a final report one month later.
- Management answers for approving and supervising the measures, and the most serious breaches carry fines of up to 10 million euros or 2 % of worldwide turnover for essential entities and 7 million or 1.4 % for important ones, whichever is higher.
- If you are outside NIS2 you stay under GDPR: Article 32 requires technical and organisational measures appropriate to the risk, and Article 33 requires notifying ANSPDCP within 72 hours of a personal-data breach.
- NIS2 in Romania
- OUG 155/2024, in force from 31 December 2024, approved with amendments by Law 124/2025
- Competent authority
- DNSC (National Cybersecurity Directorate)
- NIS2 notification deadlines
- 24 h early warning, 72 h notification, final report one month after the 72 h notification
- For every company
- GDPR Article 32 (measures) and Article 33 (ANSPDCP notice within 72 h)
Who falls under NIS2 and what it must do
OUG 155/2024 applies to entities in essential sectors, such as energy, transport, banking, health, water, digital infrastructure, IT service management and public administration, and in important sectors, such as postal services, waste, chemicals, food, medical devices, digital providers and research. Classification depends on sector and size, with exceptions for some providers. Entities register with DNSC, name a contact person, carry out a risk assessment and apply the minimum measures.
- Risk analysis and system security policies
- Incident handling, continuity, backup and recovery
- Supply-chain security
- Encryption, multi-factor authentication, access and vulnerability management
- Training for management and staff
Incident reporting and management liability
A significant incident, one that seriously disrupts a service or causes major damage, goes to DNSC in three steps: an early warning within 24 hours of detection, a notification within 72 hours assessing severity, and a final report one month later, or after handling if the incident is still ongoing. Management approves and supervises the measures and answers for non-compliance. The most serious breaches are fined up to 10 million euros or 2 % of worldwide annual turnover for essential entities, and 7 million or 1.4 % for important ones, whichever is higher; other offences carry lower fixed caps.
A small company outside NIS2: GDPR still applies
An online shop, a clinic or a SaaS company with ten employees usually falls outside OUG 155/2024, but it processes personal data, so GDPR applies. Article 32 asks for measures appropriate to the risk and names encryption, the ability to restore data and regular testing. Article 33 requires notifying ANSPDCP within 72 hours of learning about a breach, and Article 34 requires informing individuals when the risk is high. The controls in this guide are exactly what you will be asked to demonstrate.
The two legal frameworks for cybersecurity in Romania| Aspect | NIS2 (OUG 155/2024, Law 124/2025) | GDPR (EU Regulation 2016/679) |
|---|
| Who it applies to | Essential and important entities in the listed sectors, depending on size | Any company that processes personal data |
|---|
| Authority | DNSC | ANSPDCP |
|---|
| Core duty | Registration, risk assessment, minimum measures, training | Technical and organisational measures appropriate to the risk (Article 32) |
|---|
| Incident notification | 24 h early warning, 72 h notification, final report one month later | 72 h to ANSPDCP (Article 33), individuals when the risk is high (Article 34) |
|---|
| Liability | Management, personally | The controller and, where relevant, the processor |
|---|
| Maximum fines | Most serious breaches: 10 million euros or 2 % of worldwide turnover (essential), 7 million or 1.4 % (important), whichever is higher; other offences have fixed caps | 20 million euros or 4 % of worldwide turnover, whichever is higher |
|---|
Practical examples
Managed IT services provider in Cluj-Napoca
The company administers servers for fifty customers, which places it in the IT service management sector. It registered with DNSC, appointed a security lead, completed the risk assessment and wrote a procedure for the 24-hour notification.
Private clinic in Bucharest
Healthcare is an essential sector under NIS2, but a small clinic is below the size threshold. It stays under GDPR for patient data: it documented the Article 32 measures, tested a backup restore and rehearsed the ANSPDCP notification procedure.
Common mistakes
- Assuming NIS2 is only for 'critical infrastructure' without checking whether your sector and size bring you in.
- Assuming that outside NIS2 you have no obligations, although GDPR applies to any company with customers or employees.
- Waiting to understand the incident fully before telling DNSC or ANSPDCP, although the deadlines run from detection.
- Delegating everything to the hosting provider, although registration with DNSC and the notifications are the entity's own duties.
How 4hosting helps
- Hardening & Compliance aligns your servers with the NIS2 minimum measures, GDPR Article 32 and ISO 27001 as an alignment target, not a certificate. It runs on your included hours: 1–8 h a month on VPS, 5–10 h on dedicated servers (depending on plan), 10 h on GPU servers.
- You request those hours from the DevOps Services section of the client panel; they are not carried over, and extra hours are accepted and billed separately.
- SIEM & Incident Response gives you centralised logs and the response plan you need to meet the 24-hour and 72-hour deadlines.
- The data centre is in the EU, in Frankfurt, with a data processing agreement under GDPR Article 28 and standard contractual clauses for transfers.
Related questions
How do I find out whether my company is an essential or important entity?
Check two things: whether your main activity falls in a sector listed in the annexes of OUG 155/2024, and whether the company reaches medium-enterprise size under Law 346/2004, which Article 8 refers to: 50 to 249 employees and annual net turnover of up to 50 million euros. Some categories, such as central public administration, apply regardless of size.
Does my hosting provider take over my NIS2 or GDPR obligations?
No. The provider answers for its own infrastructure and, under GDPR, acts as your processor under a contract. Registration with DNSC, the measures on your servers, the notifications and management training remain yours.
What happens if I do not report an incident on time?
Under NIS2, failing to notify is a separate offence that can be fined on its own, and DNSC can order measures and run inspections. Under GDPR, ANSPDCP has fined late or incomplete notification regardless of how serious the breach was. Notifying on time, even with partial information, is the better position.