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 March 2010, entry into force in May 2010, last amended in 2018
Since December 2020
Since December 2020
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar 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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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 Directive has been transposed with the amendment of the Radio and Televisions Act that entered into force on 22 December 2020.
In Bulgaria, the Directive has been transposed with the amendment of the Radio and Televisions Act that entered into force on 22 December 2020.
Coverage On-demand audiovisual service
BULGARIA
Since March 2012
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Gambling Act
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
Since August 1993, last amended in December 2019
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 |
Sub-pillar Monitoring requirement
Law on Copyright and Neighboring Rights (SG No. 56/1993)
Criminal code
Corrigendum to Directive 2004/48/EC on the enforcement of intellectual property rights
Criminal code
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 neighboring 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). The LCNR in § 2 (3-5) 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 the 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 the 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://wipolex.wipo.int/en/legislation/details/19460
- https://justice.government.bg/home/normdoc/1589654529
- https://wilmap.stanford.edu/entries/criminal-code-spec-art172a-174-article-1591-and-1593-may-01-1968-english-version
- https://wilmap.stanford.edu/entries/law-copyright-and-neighboring-rights-august-01-1993-english-version
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0048R%2801%29
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BULGARIA
Since July 2000
Since 2006
Since 2006
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Act
Electronic Commerce Act
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 harbor. 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
BULGARIA
N/A
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Bulgaria imposes 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 Horizontal
BULGARIA
Since July 2000
Since 2006
Since 2006
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Act
Electronic Commerce Act
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 harbor. 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
BULGARIA
Since 2006
In April 2014
Since 2015
In April 2014
Since 2015
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 Art. 251b
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 Art. 251b
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 which 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://www.mtc.government.bg/sites/default/files/electronic_communications_act-en_kym_26022019.pdf
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/data-retention/index_en.htm
- http://www.euractiv.com/sections/infosociety/german-government-repackages-data-retention-regulations-313821
- http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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BULGARIA
Since January 2014
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Gambling Act
According to Art. 6 of the 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 2002
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of 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
Since November 2004
Pillar Telecom infrastructure and 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 and 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
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
Trade Secret Protection Act
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 and competition |
Sub-pillar 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)
Electronic Communication Networks and Physical Infrastructure Act (ECNPIA)
It is reported that passive sharing is mandated and practiced 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 the Directive 2014/61/EU in 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 has the obligation to 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 has the obligation to 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
BULGARIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Bulgaria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal