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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BULGARIA
Since 2002
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Communications Regulation Commission (CRC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://crc.bg/en
- https://web.archive.org/web/20230929192617/https://ppp.worldbank.org/public-private-partnership/library/bulgaria-regulatory-telecommunications-authority-crc
- https://web.archive.org/web/20200918104540/https://www.fmj.co.uk/advanced-system-protects-bulgarian-communications-commission-from-false-alarms/
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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
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that in Bulgaria, there are no restrictions for domestic or foreign private entities to establish and own businesses. The Offshore Companies Act (not accessible online) prohibits companies in offshore jurisdictions with more than 10% foreign ownership from engaging in 28 specific activities, including banking and insurance. However, these companies may operate if the physical owners of the parent company are publicly known Bulgarian citizens if the parent company's shares are listed on a stock exchange, or if the parent company is registered in a jurisdiction with a double tax treaty with Bulgaria.
Coverage Horizontal
BULGARIA
Since June 1993, last amended in October 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Act on Patents and Registration of Utility Models
Art. 3 of the Act on Patents and Registration of Utility Models requires applicants that are not established in the EU, the European Economic Area (EEA) or Switzerland to act before the Patent Office through a lawyer or an industrial property representative.
Coverage Horizontal
BULGARIA
Since May 1984
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Bulgaria is a signatory of the Patent Cooperation Treaty.
Coverage Horizontal
BULGARIA
Since August 1993, last amended in December 2023
Since January 2001
Since January 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Coverage Horizontal
BULGARIA
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that Bulgaria exhibits inadequate prosecution efforts, lengthy and inefficient procedures, and a lack of deterrent criminal penalties, particularly in the area of online piracy. Stakeholders have expressed concerns about notorious online piracy sites reportedly hosted in or operated from Bulgaria.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240401113652/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- https://web.archive.org/web/20230316090816/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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BULGARIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Bulgaria and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Bulgaria acceded to the Treaty on 29 March 2001, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
BULGARIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Bulgaria and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Bulgaria acceded to the Treaty on 29 March 2001, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
BULGARIA
Since June 2016
Since April 2019
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Trade Secret Protection Act (Закон за защита на търговската тайна)
Trade Secret Protection Act (Закон за защита на търговската тайна)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Bulgaria, the Trade Secret Protection Act introduces a comprehensive protection framework for business secrets.
Coverage Horizontal