Distributes a software product, in Bulgaria

Закон за защита на потребителите (ЗЗП, Zakon za zashtita na potrebitelite), чл. 130-142 · Read the law's page

• The Act treats a good as any movable thing, part of another thing or not, and treats electricity as a good; it is not settled whether that reaches software supplied on its own (Art. 130(2)).
• If you produce finished goods, raw materials or components in the course of business, or present yourself as the producer by putting your name, trade mark or another distinguishing mark on a good, you answer for the damage a defect in the good causes, whether or not you were at fault (Arts. 130(3) and 133(1)).
• If you import goods into the European Union in the course of business for sale, hire, leasing or another form of distribution, you answer as the producer (Art. 130(3)).
• If the producer, or the person who brought the good into the European Union, cannot be identified, you answer as the distributor or trader unless within 14 days you give the injured person the name and address of the producer, the importer or the person who supplied the good to you, and you cannot refer the injured person to a person outside Bulgaria (Art. 134).
• You answer even where you made the good in line with existing standards and good practice, or an administrative authority permitted it to be put into circulation (Art. 133(2)).
• Offer the safety that can generally be expected in normal use, judged by all the circumstances, including how you present the good, your advertising and the information you give, and when you put the good into circulation (Art. 132(1)).
• Be able to prove one of the defenses: that you did not put the good into circulation; that the defect probably did not exist when you did, or appeared later; that you did not make it for sale or distribution with a commercial purpose or in your professional activity; that the defect is due to the good's conformity with mandatory requirements set by public authorities; or that the state of scientific and technical knowledge then did not allow the defect to be found. A component producer may instead prove that the defect is due to the design of the good it is built into or to the instructions of its producer (Art. 137).
• If several persons answer for the same damage, each is jointly liable, and the producer of a component and the person who fitted it are jointly liable (Art. 135).
• Do not rely on an act or omission of a third party to reduce your liability, and do not rely on a contract term to release or limit your liability to the injured person: such a term is void (Arts. 138(2) and 139).

DV br. 31/2025, chl. 18 do 33 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If you are an importer, place on the market only products that comply with the Act (Art. 18; implements Directive (EU) 2019/882, Art. 9(1)).
• Before placing a product on the market, ensure that the manufacturer drew up the technical documentation under Annex 3 and carried out the conformity assessment, that the CE marking is affixed, that the manufacturer marked the product under Article 13, and that the product carries the necessary documents and instructions and safety information in Bulgarian (Art. 19).
• Put your name, registered trade name or trade mark and a postal address at which you can be contacted on the product, or on the packaging or an accompanying document where size or nature does not allow it (Art. 20).
• Do not place on the market a product you consider or have reason to consider non-conforming until it is brought into conformity, and tell the manufacturer and the market surveillance authorities (Art. 21).
• While you are responsible for a product, keep storage or transport conditions from endangering its conformity (Art. 22).
• Keep a copy of the EU declaration of conformity available to the market surveillance authorities for five years after the product is placed on the market, and ensure the technical documentation can be provided on request for the same period (Art. 23).
• If you consider or have reason to believe that a product you placed on the market does not conform, take at once the corrective action or withdraw it; where it fails Article 4, inform at once the market surveillance authorities and the competent authorities of the Member States concerned, with details; keep a register of non-conforming products and complaints (Art. 24).
• On a reasoned request of a market surveillance authority or a competent authority of another Member State, give all information and documentation needed to show conformity, in Bulgarian or a language the authority understands, and in Bulgarian within the time set for administrative or administrative penal proceedings, and cooperate on corrective action (Art. 25).
• If you are a distributor, act with due care in relation to the requirements of the Act, and before making a product available check that the CE marking is affixed, that the product carries the necessary documents and Bulgarian instructions and safety information, and that the manufacturer and importer have met Articles 13 and 20 (Arts. 26 and 27; Directive (EU) 2019/882, Art. 10).
• Do not make available a product you consider or have reason to consider non-conforming until it is brought into conformity, and inform the manufacturer or importer and the market surveillance authorities; keep storage or transport conditions from endangering conformity (Arts. 28 and 29).
• If you consider or have reason to believe that a product you made available does not conform, see that corrective action is taken or the product withdrawn, and where it fails Article 4 inform at once the market surveillance authorities and the competent authorities of the Member States concerned; on a reasoned request supply the information and documentation needed to show conformity and cooperate on corrective action (Arts. 30 and 31).
• If you place a product on the market under your own name or trade mark, or modify one already on the market so that conformity may be affected, you are treated as the manufacturer and carry the manufacturer's duties of Articles 11 to 16 (Art. 32; Directive (EU) 2019/882, Art. 11).
• Every economic operator keeps information on the operators that supplied it with a product and those it supplied, with the documents proving delivery, for five years after the date of delivery, and gives it to the market surveillance authorities on request (Art. 33; Directive (EU) 2019/882, Art. 12).

DV br. 31/2025, chl. 2 al. 1, chl. 4 do 6 i 60 i prilozhenie 2 razdeli I, II, V i VI ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If you place on the market a consumer general purpose computer hardware system (personal computers, laptops, smartphones, tablets) or an operating system for one, a payment terminal, an ATM, a ticketing machine, a check-in machine, an interactive self-service information terminal, consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader, make it meet the accessibility requirements of Annex 2 (Art. 2(1) and Art. 4; implements Directive (EU) 2019/882, Art. 2(1) and Art. 4(1) and (2)).
• Give the information on how the product works and on its accessibility features through more than one sensory channel, in an understandable form that users can perceive, in a font of adequate size and shape with sufficient contrast and adjustable spacing, in text formats usable to create alternative assistive formats, with a non-text alternative, and describe the product's user interface, functionality and the assistive software and hardware tested with it (Annex 2, section I, point 1).
• Design the user interface and functionality so that people with disabilities can access, perceive, operate, understand and control the product: communication, operation, information, control and orientation through more than one sensory channel, with alternative visual, auditory, speech and tactile elements; alternatives to speech and voice input; flexible magnification, brightness and contrast and compatibility with assistive programs and devices; an alternative to colour and to sound signals where they convey information, indicate an action, request a response or identify elements; flexible ways to a clearer image and clearer sound with control of volume and speed; consistent control and alternatives to fine-motor control, avoiding modes that need a wide reach or great strength; no triggers of photosensitive epileptic seizures; privacy when accessibility features are used; an alternative to biometric identification and control; consistent functionality with a sufficient and flexible time frame for interaction; and software and hardware for interaction with assistive technologies (Annex 2, section I, point 2).
• For a self-service terminal, also provide text-to-speech, allow individual headsets, warn the user through more than one sensory channel when a response is needed in a set time and allow the time to be extended, give adequate contrast and tactilely distinguishable keys and buttons, let a user who needs an accessibility feature switch it on without first having to activate it, and make audio signals compatible with hearing aids, telecoils, cochlear implants and assistive listening devices (Annex 2, section I, point 2, sector-specific requirements for self-service terminals).
• For an e-reader, provide text-to-speech (Annex 2, section I, point 2, sector-specific requirements for e-readers). For consumer terminal equipment used for electronic communications services, provide real-time text where the product has text capability beside voice, a total conversation with synchronised voice, real-time text and video where it has video, effective wireless coupling to hearing technologies, and avoid interference with assistive devices (same point, requirements for terminal equipment used for electronic communications services). For consumer terminal equipment used for access to audiovisual media services, pass on the accessibility components that the audiovisual media service provider supplies for access, selection, control and personalisation, and the sending to assistive devices (same point, requirements for terminal equipment used to access audiovisual media services).
• Where you offer support services (help desks, call centres, technical support, relay services, training services), give information on the product's accessibility and its compatibility with assistive technologies in accessible modes of communication (Annex 2, section I, point 3).
• For every product except a self-service terminal, also make the packaging, including the information on it, accessible, and make installation, maintenance, storage and disposal instructions that are not on the product available to the public when the product is placed on the market, through more than one sensory channel, in understandable form and in text formats usable to create alternative assistive formats, with a non-text alternative (Art. 4(1); Annex 2, section II).
• Where the requirements of sections I to V of Annex 2 do not address a function of the product, make that function accessible by meeting the functional performance criteria of section VI (use without vision, with limited vision, without colour perception, without hearing, with limited hearing, without vocal capability, with limited manipulation or strength, with limited reach, minimising the risk of photosensitive seizures, with limited cognition, and privacy); the criteria may stand in for a specific technical requirement only where they give equivalent or greater accessibility (Annex 2, section VI; Directive (EU) 2019/882, Annex I, Section VI).
• The requirements apply only so far as compliance needs no significant change that fundamentally alters the nature of the product and imposes no disproportionate burden on you (Art. 3(1); implements Directive (EU) 2019/882, Art. 14(1)).

DV br. 31/2025, chl. 3 i prilozhenie 1 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If you rely on the exception, assess whether compliance with the accessibility requirements would require a significant change that fundamentally alters the nature of the product or service, or impose a disproportionate burden, using the criteria of Annex 1 (net compliance costs against total operating and capital costs and against net turnover, one-off organisational costs and ongoing production and development costs, and expected costs and benefits against the benefit to people with disabilities given the number and frequency of use) and any delegated acts of the European Commission (Art. 3(1) and (2); Annex 1; implements Directive (EU) 2019/882, Art. 14(1) and (2)).
• Document the assessment and keep all relevant results for five years from the last making available of the product or the last provision of the service, and give a copy to the market surveillance authority or the authority checking compliance of services on request (Art. 3(3); Directive (EU) 2019/882, Art. 14(3)).
• If you are a service provider relying on the disproportionate-burden exception, renew the assessment for each category or type of service when the service changes, when the authority asks, and in any event at least every five years (Art. 3(5); Directive (EU) 2019/882, Art. 14(5)).
• Unless you are a microenterprise, send information that you rely on the exception for a specific product or service to the market surveillance authority or the authority checking services of the Member State where the product is placed on the market or the service is provided (Art. 3(6); Directive (EU) 2019/882, Art. 14(8)).
• A microenterprise that deals with products and relies on the exception is exempt from documenting the assessment but must give the market surveillance authority the facts relevant to the assessment on request (Art. 3(4)).
• You may not rely on the disproportionate-burden exception where you receive funding, public or private and other than your own resources, provided to improve the accessibility of the product or service (Art. 3(7); Directive (EU) 2019/882, Art. 14(6)).
• Where the exception is applied, state in the EU declaration of conformity which accessibility requirements are the subject of the exception (Art. 8(2)).

DV br. 31/2025, chl. 34 do 45, 73 do 85 i 90 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If an authority inspects your product, give it free access to the places where products are sold, stored, put into service or shown, including distance-selling places and fairs, hand over on request the EU declaration of conformity, the technical documentation, the instructions and safety information in Bulgarian, the traceability information, the document proving a registered trade mark and the Article 3 assessment, and assist the authority in its duties (Art. 35(1) to (3); Directive (EU) 2019/882, Art. 19).
• Provide the documents and information the authority asks for under Article 35(1) point 2, letters (a) and (b), within the period it sets in agreement with you, which cannot be more than 30 days (Art. 35(2)).
• Allow the authority to take product samples free of charge for testing; the samples are returned within 30 days (Art. 35(1) point 3 and (4)).
• Bear the cost of testing where the product does not meet the applicable accessibility requirements, and in any event where it has no CE marking, no EU declaration of conformity, no technical documentation or incomplete technical documentation; otherwise the market surveillance authority bears it (Art. 38).
• Where the authority finds that a product does not meet the Act, take the corrective action it requires within the period it sets, accept the temporary suspension until the non-conformity is removed, and withdraw the product within the further reasonable period set if you have not taken appropriate corrective action (Art. 40(3) and (4)).
• Comply with the restrictive measures of Article 39 (temporary suspension of availability or use, ban on availability or use, withdrawal) imposed by order of the Chair of the State Agency for Metrological and Technical Supervision or officials he authorises; the order can be appealed under the Administrative Procedure Code (Art. 39).
• Where the authority finds that the CE marking is affixed in breach of Article 10 or of Article 30 of Regulation (EC) 765/2008, is missing, that the EU declaration or technical documentation is missing, incorrect or incomplete, that the manufacturer or importer identification is missing, incorrect or incomplete, or that another administrative requirement of Chapter Two, Section III is not met, take the corrective action it requires within the period it sets (Art. 44).
• Ensure that corrective action is taken for all the products concerned that you made available across the European Union (Art. 45; Directive (EU) 2019/882, Arts. 19 and 20).

DV br. 31/2025, chl. 67 do 72 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If an organisation of or for people with disabilities, or the Agency for Persons with Disabilities, sues over an act or commercial practice that breaches the Act, the court may order you to stop or refrain from it (Arts. 67 and 68 point 2; implements Directive (EU) 2019/882, Art. 29(2)).
• If the court finds a breach, it may order you, as manufacturer, importer, distributor or service provider, to publish the judgment or part of it at your own expense in an appropriate way, or to make a public corrective statement to remove the effect of the breach, and to order other appropriate measures to stop the breach (Art. 68 points 1 and 3).
• Expect an organisation of or for people with disabilities to be able to claim damages for harm to the collective interests of people with disabilities, which may be spent only on protecting those interests, and to sue on behalf of two or more identifiable consumers who suffered individual damage from you and gave it written authority (Arts. 69 and 70).
• These actions are not available in procedures for awarding public contracts under the Public Procurement Act (Art. 72; Directive (EU) 2019/882, Art. 29(3)).

DV br. 31/2025, chl. 7 do 17 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги) · Read the law's page

• If you are a manufacturer, ensure the product is designed and produced in line with the applicable accessibility requirements of Article 4 (Art. 11(1); implements Directive (EU) 2019/882, Art. 7(1)).
• Draw up the technical documentation under Annex 3, which sets out the applicable requirements and lists the harmonised standards and technical specifications applied in whole or in part, and carry out, or have carried out, the internal production control conformity assessment of Annex 3 (Arts. 7 and 11(2); Annex 3; Directive (EU) 2019/882, Art. 7(2)).
• Where the assessment shows compliance, draw up the EU declaration of conformity in the form of Annex 4, state in it which accessibility requirements are the subject of an exception under Article 3, keep it up to date, and have it translated into Bulgarian when the product is placed on the Bulgarian market (Arts. 8(1) to (4) and 11(3); Annex 4).
• By drawing up the declaration, you take responsibility for the product's compliance with the Act (Art. 9).
• Affix the CE marking visibly, legibly and indelibly on the product or its data plate, or on the packaging and accompanying documents where that is not possible, before the product is placed on the market (Art. 10(3) and (4)).
• Keep the technical documentation and the EU declaration of conformity for five years after the product is placed on the market (Art. 11(4)).
• Apply procedures that keep series production in conformity, taking account of changes in the design or characteristics of the product and in the harmonised standards or technical specifications by reference to which conformity is declared (Art. 12; Directive (EU) 2019/882, Art. 7(4)).
• Mark each product with a type, batch or serial number or other identifying element, and with your name, registered trade name or trade mark and a single postal address, on the packaging or in an accompanying document where size or nature does not allow it on the product (Art. 13).
• Supply the product with instructions and safety information in Bulgarian that are clear, understandable and intelligible, and label it accordingly (Art. 14).
• If you consider or have reason to believe that a product you placed on the market does not conform, take at once the corrective action to bring it into conformity or withdraw it; where it fails the accessibility requirements of Article 4, inform at once the market surveillance authorities and the competent authorities of the Member States where it was made available, with details of the non-conformity and the action taken; keep a register of non-conforming products and of complaints (Art. 15).
• On a reasoned request of a market surveillance authority or of a competent authority of another Member State, give all information and documentation needed to show conformity, on paper or electronically, in Bulgarian or a language the authority understands, and in Bulgarian within the time set for administrative or administrative penal proceedings; cooperate in any action to remove the non-conformity (Art. 16).
• If you appoint an authorised representative, do so in writing; the mandate may not cover the duties of Article 11(1) or the technical documentation, and must at least require the representative to keep the technical documentation and EU declaration available to the authorities for five years, to provide information on a reasoned request and to cooperate on corrective action (Art. 17).