BULGARIA
N/A
Pillar Telecom infrastructure & competition |
Indicator 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/
- https://web.archive.org/web/20250308230448/https://datahub.itu.int/data/?i=100088&s=3109&e=BGR
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BULGARIA
Since March 2012
Pillar Cross-border data policies |
Indicator 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
Sources
- https://web.archive.org/web/20241205193126/https://www.global-regulation.com/translation/bulgaria/3356783/law-on-gambling.html
- https://parliament.bg/bg/laws/ID/13713
- https://web.archive.org/web/20231028144242/https://itif.org/publications/2021/07/19/how-barriers-cross-border-data-flows-are-spreading-globally-what-they-cost/
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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
BULGARIA
Since June 2016
Since April 2019
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
BULGARIA
Since May 2014
Since March 2018
Since March 2018
Pillar Telecom infrastructure & competition |
Indicator 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 |
Indicator 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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.83%
Coverage rate of zero-tariffs on ICT goods (%)
74.43%
Coverage: ICT goods
BULGARIA
Since January 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners (Закон за икономическите и финансовите отношения с дружествата, регистрирани в юрисдикции с преференциален данъчен режим, контролираните от тях лица и техните действителни собственици)
The "Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners" stipulates that companies registered in the jurisdictions listed in §1 No. 64 of the "Supplementary Provisions of the Corporate Income Tax" may not participate in public procurement procedures. This includes a closed list of countries and territories, as well as all jurisdictions with which Bulgaria has no effective double taxation treaties and where taxes are lower than 40% of the taxes in Bulgaria. The ban includes "related parties" – notably shareholders. This restriction is waived when the owners of the company in question are "Bulgarian citizens and known to the public" if the company is publicly traded or if the parent company is a media publisher and declared its owner.
Coverage Horizontal
BULGARIA
Since March 2004, last amended in February 2014
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240726225934/https://www2.aop.bg/wp-content/uploads/2021/05/ppzop-20210511.pdf
- https://web.archive.org/web/20220303153022/https://lex.bg/laws/ldoc/2136735703
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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