BULGARIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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 |
Indicator 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 |
Indicator 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 July 2000
Since June 2006
Since June 2006
Pillar Intermediary liability |
Indicator 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 |
Indicator 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 April 2019
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19). Bulgaria has not yet implemented the Directive 2019/790.
Coverage Online content sharing service
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 |
Indicator 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 |
Indicator 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 |
Indicator 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 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 |
Indicator 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 |
Indicator 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 |
Indicator 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 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator 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) |
Indicator Adoption of the 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) |
Indicator Adoption of the WIPO Performances and Phonograms 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
