BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bulgaria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bulgaria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bulgaria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BULGARIA
Since August 1993, last amended in December 2023
Since May 1968, last amended in October 2022
Since April 2004
Since May 1968, last amended in October 2022
Since April 2004
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
Criminal Code (Наказателен кодекс)
Corrigendum to Directive 2004/48/EC on the enforcement of intellectual property rights
Criminal Code (Наказателен кодекс)
Corrigendum to Directive 2004/48/EC on the enforcement of intellectual property rights
Under the Law on Copyright and Neighboring Rights (LCNR) and the Criminal Code (CC), it is illegal to “upload (reproduction), distribute and make available (broadcast), transmits infringing content” on the Internet. Art. 172а (1) of the Criminal Code states that “every person who uploads (reproduces), distributes and makes available infringing content or transmits, or makes any other use of the object of a copyright or neighbouring right without the consent of the rights holder as required by law, shall be punished by up to five years imprisonment and a fine up to BGN 5,000” (approx. USD 2,530). Art. 2 (3-5) of the LCNR defines the terms “upload (reproduction)”, “distribute” and “make available (broadcasting)”. Both the Internet providers hosting the infringing materials and the end users who upload (reproduce) may be held liable under this provision because the law does not make any difference on how the infringement is made, and “every person” may be held liable under this provision.
There is a contradiction between the applicable Rules of Civil Procedure and the LCNR, which requires a pending civil proceeding to be initiated before identification of infringers may be requested. In contrast, rules of civil procedure do not allow a court to open a civil case without the identification of the defendant, at least by name. This means that while Bulgarian law implements the right of information provided by Art. 8(1) of the EU Enforcement Directive, its exercise is hindered by civil procedure rules.
There is a contradiction between the applicable Rules of Civil Procedure and the LCNR, which requires a pending civil proceeding to be initiated before identification of infringers may be requested. In contrast, rules of civil procedure do not allow a court to open a civil case without the identification of the defendant, at least by name. This means that while Bulgarian law implements the right of information provided by Art. 8(1) of the EU Enforcement Directive, its exercise is hindered by civil procedure rules.
Coverage Internet providers
Sources
- https://web.archive.org/web/20210411144101/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/bg/bg027en.pdf
- https://web.archive.org/web/20221006074303/https://justice.government.bg/home/normdoc/1589654529
- https://web.archive.org/web/20241205193549/https://wilmap.stanford.edu/entries/criminal-code-spec-art172a-174-article-1591-and-1593-may-01-1968-english-version
- https://web.archive.org/web/20241205193641/https://wilmap.stanford.edu/entries/law-copyright-and-neighboring-rights-august-01-1993-english-version
- https://web.archive.org/web/20231229190723/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0048R%2801%29
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BULGARIA
Since March 2012
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Gambling Act (Закон за хазарта)
According to Arts. 3-4 of the Gambling Act, online gambling providers must apply for a licence, which can only be granted to companies established in the EU, the European Economic Area or Switzerland. The Gambling Commission can order internet service providers to block unlicensed foreign online gambling sites.
Coverage Online gambling
Sources
- https://web.archive.org/web/20241205193126/https://www.global-regulation.com/translation/bulgaria/3356783/law-on-gambling.html
- https://web.archive.org/web/20220425010256/https://cms.law/en/int/expert-guides/cms-expert-guide-to-gambling-laws-in-cee/bulgaria
- https://web.archive.org/web/20230127154108/https://sofiaglobe.com/2013/06/25/bulgarias-gambling-commission-blacklists-28-more-websites/
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BULGARIA
Since March 2010, entry into force in May 2010, last amended in 2018
Sine July 1999, as amended in December 2020
Sine July 1999, as amended in December 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Radio and Television Act (Закон за радиото и телевизията)
Radio and Television Act (Закон за радиото и телевизията)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
In Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218141041/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231004155308/https://lex.bg/laws/ldoc/2134447616
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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BULGARIA
Since March 2012
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Gambling Act (Закон за хазарта)
According to Art. 6 of the Gambling Act, when applying for a gaming license, all relevant data must be stored on a server in Bulgaria. Communications equipment and the central computer must be located in the European Economic Area (EEA) or Switzerland.
Coverage Online gambling
BULGARIA
Since April 2016, entry into force in May 2018
Since January 2002, as amended in February 2019
Since January 2002, as amended in February 2019
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Protection Act (Закон За Защита На Личните Данни)
Personal Data Protection Act (Закон За Защита На Личните Данни)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Personal Data Protection Act implements the GDPR into national legislation.
Coverage Horizontal
BULGARIA
Since May 2006
In April 2014
Since May 2007, as amended in July 2016
In April 2014
Since May 2007, as amended in July 2016
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Act (Закон за Електронните Съобщения)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Act (Закон за Електронните Съобщения)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the directive have been overturned.
In Bulgaria, Under Art. 251 b of the Electronic Communications Act, providers must store connection data for six months, including the connection source, the direction, date and time, the type of connection, the device used and the cell identifier.
In Bulgaria, Under Art. 251 b of the Electronic Communications Act, providers must store connection data for six months, including the connection source, the direction, date and time, the type of connection, the device used and the cell identifier.
Sources
- https://web.archive.org/web/20211008230254/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20221010070507/https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://web.archive.org/web/20220308081251/https://www.mtc.government.bg/sites/default/files/electronic_communications_act-en_kym_26022019.pdf
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BULGARIA
Since July 2000
Since June 2006
Since June 2006
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Act (Закон за електронната търговия)
Electronic Commerce Act (Закон за електронната търговия)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Bulgaria, Arts. 13-16 of the Electronic Commerce Act exclude intermediary liability in a broad range of cases, including cases where the provider has no knowledge of the transmissions, has not initiated it or has not modified it. The law implements the Directive 2000/31/EC.
In Bulgaria, Arts. 13-16 of the Electronic Commerce Act exclude intermediary liability in a broad range of cases, including cases where the provider has no knowledge of the transmissions, has not initiated it or has not modified it. The law implements the Directive 2000/31/EC.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20220302060323/https://www.mtc.government.bg/en/category/168/electronic-commerce-act
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240419122627/https://wilmap.stanford.edu/entries/law-electronic-commerce-spec-art13-18-december-24-2006-english-version
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BULGARIA
Since July 2000
Since June 2006
Since June 2006
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Act (Закон за електронната търговия)
Electronic Commerce Act (Закон за електронната търговия)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Bulgaria, Arts. 13-16 of the Electronic Commerce Act exclude intermediary liability in a broad range of cases, including cases where the provider has no knowledge of the transmissions, has not initiated it or has not modified it. The law implements the Directive 2000/31/EC.
In Bulgaria, Arts. 13-16 of the Electronic Commerce Act exclude intermediary liability in a broad range of cases, including cases where the provider has no knowledge of the transmissions, has not initiated it or has not modified it. The law implements the Directive 2000/31/EC.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20220302060323/https://www.mtc.government.bg/en/category/168/electronic-commerce-act
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240419122627/https://wilmap.stanford.edu/entries/law-electronic-commerce-spec-art13-18-december-24-2006-english-version
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BULGARIA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Bulgaria imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
BULGARIA
Since May 2014
Since March 2018
Since March 2018
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Electronic Communication Networks and Physical Infrastructure Act (ECNPIA) (Закон За Електронните Съобщителни Мрежи И Физическа Инфраструктура)
Electronic Communication Networks and Physical Infrastructure Act (ECNPIA) (Закон За Електронните Съобщителни Мрежи И Физическа Инфраструктура)
It is reported that passive sharing is mandated and practised in both mobile and fixed sectors based on commercial agreements. The Communications Regulation Commission may impose on undertakings with significant market power an obligation to provide access to and use of necessary network elements and/or facilities, inter alia, in situations where the denial of access or setting of terms and conditions having a similar effect to denial, would hinder the emergence of a sustainable competitive market of retail services or would be detrimental to end-users. Additionally, with the Electronic Communication Networks and Physical Infrastructure Act (ECNPIA), which transposed Directive 2014/61/EU into national law, obligations for access to physical infrastructure are imposed on all electronic communications network operators and utility companies.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230130202511/https://www.mtc.government.bg/sites/default/files/electronic_communications_networks_and_physical_infrastructure_act-en_09.03.2018.pdf
- https://web.archive.org/web/20240310185145/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0061
- https://datahub.itu.int/data/?i=100012&e=BGR&d=Regulation
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BULGARIA
Since November 2004
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Bulgartel (established in November 2004) is a wholly state-owned telecommunications company. The company's shares are divided between Bulgartransgaz EAD (50%) and Electricity System Operator EAD (50%), both of which are also state-owned entities in Bulgaria.
Coverage Telecommunications sector
BULGARIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Bulgaria does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, by Decisions No. 356 and No. 357, the Communications Regulation Commission (CRC) imposed account separation obligations on three operators (BTC, Telenor, and A1) in the relevant markets. The CRC determines the format and methodology for introducing and implementing accounting separation by Decision No. 1882.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241205193008/https://crc.bg/files/_en/IV.pdf
- https://web.archive.org/web/20241213191419/https://www.itu.int/en/ITU-D/Regional-Presence/Europe/Documents/Events/2016/Regulatory%20Conference/Bulgaria%20CRC%20Petkova.pdf
- https://datahub.itu.int/data/?i=100047&s=8421
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