On November 26, the government will consider at its meeting a draft law on introducing a new article to the Contravention Code – “Commercial activity with illegal devices”.
Illegal devices are defined as programs or equipment created to access paid services without the provider’s permission. For example, to pay-TV, online streaming or video and audio subscriptions. Such paid services include, for example, pay TV, streaming platforms such as Netflix or online movie theaters.
Under the proposed amendments, the manufacture, import, distribution, sale, rental or storage for commercial purposes of illegal devices will be punishable by a fine. For individuals it will be from 30 to 90 conventional units; for persons holding managerial positions – from 36 to 120 U.S. dollars; for legal entities – from 240 to 300 U.S. dollars, with possible deprivation of the right to engage in certain activities for a period of 6 months to 1 year.
Penalties for installation, maintenance or replacement for commercial purposes of an illegal device will be: for individuals – from 24 to 30 conventional units; for persons holding managerial positions – from 90 to 180 cu.u.; for legal entities – from 120 to 240 conventional units.
The use of commercial communications to promote illegal devices will also be punishable by a fine, up to deprivation of the right to engage in certain activities for up to 1 year.
The Ministry of Economic Development and Digitalization, which drafted the bill, explains that the purpose of the changes is to protect the rights of paid service providers and the revenues of legitimate companies, as well as to bring the Moldovan legislation in line with the European Directive. It is planned that the draft law will enter into force on May 13, 2027, simultaneously with certain provisions of the Law on Electronic Communications, which already regulate prohibited actions with illegal devices.
