Database

Browse Database

BULGARIA

Since 2018

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Terms and conditions for domain name registration and support in the .bg zone and sub-zones
Under Art. 3 of the Terms and Conditions for Domain Name Registration and Support in the ".bg" Zone and the Sub-Zones, only Bulgarian and EU natural and legal persons can register a ".bg" domain, as well as foreigners with a right for permanent residence on these territories. Entities that do not meet these conditions must act through a representative that does.
Coverage Horizontal

BULGARIA

Since June 2014
Since June 2006, as amended in July 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act of 25 July 2014. This includes comprehensive obligations to inform consumers about distance sales, a right to withdraw and rules on the recognition of digital signatures.
Coverage Horizontal

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 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

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)
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

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)
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.

BULGARIA

Since July 2000
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)
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.
Coverage Internet Services Providers

BULGARIA

Since July 2000
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)
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.
Coverage Internet Services Providers

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

BULGARIA

Since August 1993, last amended in December 2023
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
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.
Coverage Internet providers

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

BULGARIA

N/A

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

BULGARIA

Reported in 2018, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Bulgaria, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises.
Coverage Horizontal

Report issue     Report new measure