In the Official Gazette of Romania no. 232 of March 25, 2026, Law no. 38/2026 (the “Law”) was published, amending and supplementing Law no. 118/2019 on the Sex Offender Registry (the “Registry”).

The Law expressly introduces a prohibition for individuals listed in the Registry from entering into employment relationships, volunteer agreements, or other similar arrangements with institutions (public or private) in the fields of education, healthcare, or social protection, as well as with any entity whose activities involve direct contact with vulnerable persons or require physical examination or psychological assessment of a person.

As before, these public and private institutions and entities are required to request from individuals with whom they enter into such relationships a behavioural integrity certificate.

The persons listed in the Registry are individuals who have committed criminal offenses provided for by Law no. 118/2019, such as human trafficking, trafficking of minors, exploitation of prostitution, exploitation of begging, sexual harassment, etc.

It is worth noting that employers must also request foreign nationals or people without citizenship to present either a criminal record certificate or another official document issued by the authorities of their country of origin, certifying whether or not they have committed such offenses.

At the same time, the Law introduces sanctions for failure to comply with the obligations of responsible persons within relevant public and private institutions and entities.

• Amendments introduced

The Law expressly prohibits persons listed in the Registry from entering into employment, volunteer, or other similar arrangements with public or private entities operating in the following fields:

• Education: schools, kindergartens, universities, educational centers;
• Healthcare: hospitals, clinics, medical offices, healthcare centers;
• Social protection: community centers, nursing homes, centers for people with disabilities;
• Any field which involves the physical examination or psychological assessment of a person: fitness centers (in the case of physical examinations), psychology practices;
• Any field which involves direct contact with vulnerable persons.

The Law provides examples of vulnerable persons, such as children, the elderly, persons with disabilities, women who are victims of domestic violence, etc.

Furthermore, the Law also classifies failure to request the behavioural integrity certificate or the disregard of the prohibition on entering into relationships with individuals listed in the Registry as a criminal offense, punishable by imprisonment from 6 months up to 3 years or by a fine.

In addition, the legislative amendments also concern the Registry, by introducing the mandatory inclusion of the employer’s identification data, allowing for increased traceability and stricter monitoring of compliance with legal obligations.

• Rationale of the legislative amendments

Although the initial version of the Law required certain categories of employers to request the behavioural integrity certificate at hiring, in practice it was found that these provisions had limited effectiveness in the absence of clear sanctions for non-compliance.

Therefore, the Law serves to consolidate this framework, in order to ensure real protection of vulnerable persons.

• Practical recommendations

To comply with the new requirements, the following measures may be considered:

• training individuals involved in the recruitment process on the new legal requirements;
• identifying the positions for which a certificate of behavioural integrity is necessary;
• updating recruitment procedures and hiring checklists;
• revising relevant internal documentation (e.g., internal regulations/employee handbook).

• Conclusions

Law no. 38/2026 is in force and fully applicable and therefore the employers concerned should pay utmost care when conducting background checks on individuals with whom they enter into employment, volunteer, or other similar relationships.