Database

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BULGARIA

Reported in 2018, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator 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

BULGARIA

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator 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)  |  Indicator 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)  |  Indicator 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

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

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.
Coverage Horizontal

BURKINA FASO

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Burkina Faso lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

BURKINA FASO

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
Burkina Faso has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BURKINA FASO

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Burkina Faso 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

BURKINA FASO

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Burkina Faso 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

BURKINA FASO

Since December 2018

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Decree No. 2018-1199 on Distributive Trade in Burkina Faso (Décret No. 2018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU), in addition to providing a copy of an ID card, an application form, a copy of company status, two tax stamps, and a certificate of tax status.
Coverage E-retailers

BURKINA FASO

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burkina Faso does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 100.
Coverage Horizontal

BURKINA FASO

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Restrictions on domain names
It is reported that the registrant for a local domain name ".bf" must be an entity based in the country. Only one domain name is allowed per applicant, and the registration is subject to an annual fee of USD 450. However, these restrictions are not found in Law No. 011-2010/AN on domain name management under the first-level domain.BF (Loi No. 011-2010/AN portant reglementation de la gestion des noms de domaines sous le domaine de premier niveau .BF).
Coverage Horizontal

BURKINA FASO

Since December 2018

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Decree No. 2018-1199 on Distributive Trade in Burkina Faso (Décret No. 2018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU).
Coverage E-retailers

BURKINA FASO

Since November 2015

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Law No. 80-2015/CNT Regulating Advertising in Burkina Faso (Loi No. 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 15 of Law No. 80-2015/CNT specifies that practising the advertising profession requires registration in the trade register and a unique financial identification number (IFU).
Coverage Advertising sector

BURKINA FASO

Since November 2009

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 45-2009/AN Regulating Services and Electronic Transactions in Burkina Faso (Loi No. 45-2009 portant règlementation des services et des transactions électroniques au Burkina Faso)
Law No. 45-2009/AN establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 134, intermediaries are not responsible for information transmitted if they do not initiate the transmission or select the recipient of the transmission and do not select or modify the information transmitted.
Coverage Internet intermediaries

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