BulgariaElectronic Communications Act, Articles 226(1) point 4, 226(3) and (4), 228а, 231а and 242в, accessible contract information, contract summary and published information for end-users with disabilities
DV br. 41/2007 chl. 226 al. 1 t. 4, al. 3 i 4, chl. 228a, chl. 231a i chl. 242v ot Zakon za elektronnite saobshtenia (Закон за електронните съобщения)
In force.
An accessibility requirements rule binding private bodies.
What it requires
- If you provide publicly available electronic communications services other than machine-to-machine transmission services, give a consumer, before the consumer is bound by a contract or an offer to contract, the information relevant to the requested service, including detailed information on the products and services designed for users with disabilities and how to receive updates to it (Art. 226(1) point 4; implements Directive (EU) 2018/1972, Art. 102(1) and Annex VIII, Part B, point I(5)).
- On request, give that information in a format accessible to users with disabilities, in accordance with the legislation and the law of the European Union harmonising accessibility requirements for products and services (Art. 226(3); implements Directive (EU) 2018/1972, Art. 102(1)).
- Give the same information and the contract summary to end-users that are microenterprises, small enterprises or non-profit legal entities, unless they have expressly waived all or part of it (Art. 226(4); implements Directive (EU) 2018/1972, Art. 102(2)).
- Before the contract is concluded, including a distance contract, give a consumer free of charge a contract summary completed on the template of Commission Implementing Regulation (EU) 2019/2243, whose section on features for end-users with disabilities must include information on your main products and services for end-users with disabilities; where objective technical reasons prevent it, give the summary within 7 days after the contract is concluded, and the contract takes effect when the consumer confirms agreement after receiving it (Art. 228а(1) to (3); Implementing Regulation (EU) 2019/2243, Annex, Part B; implements Directive (EU) 2018/1972, Art. 102(3)(e)).
- If you provide public interpersonal communications services or internet access services, publish up-to-date information on your website, prominently in your commercial premises and, where necessary, in another suitable way, including details of the products and services, with their functions, practices, policies and procedures and changes in the operation of a service, specially designed for users with disabilities (Art. 231а(1) point 3 letter ж; implements Directive (EU) 2018/1972, Art. 103(1) and Annex IX, point 2.6).
- Publish that information in a clear, comprehensive and easily accessible machine-readable form and in a format accessible to users with disabilities, meet any additional requirement the Communications Regulation Commission sets on the form of publication, and give the Commission the information before publication if it asks (Art. 231а(2) to (4); implements Directive (EU) 2018/1972, Art. 103(1)).
- Microenterprises that provide interpersonal communications services without numbers are exempt from the requirements of this chapter other than Article 225, unless they also provide other electronic communications services, and tell end-users of the exception before the individual contract is concluded (Art. 242в(1) and (2)); a microenterprise is an enterprise within Article 3(3) of the Small and Medium-sized Enterprises Act, with average staff under 10 persons and an annual turnover or asset value not above EUR 2,000,000, except in the cases of Article 63(3) (paragraph 1 point 31е of the additional provisions).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 326а(3) imposes on an undertaking providing public electronic communications networks or services that commits a violation under Chapter Fourteen a property sanction of BGN 5,000 to 100,000 (EUR 2,556.46 to 51,129.19). That range applies since paragraph 19 of the Law published in State Gazette issue 99 of , which raised the ceiling from BGN 60,000 and removed the limit to Section III of Chapter Fourteen (change of provider); before it, a breach of the chapter's other duties for which no other penalty was provided fell under Article 335 (a fine of BGN 500 to 5,000, EUR 255.65 to 2,556.46, a property sanction of the same amount for a legal person or sole trader under Article 336). The Act states the amounts in leva, and the euro figures convert them at the official exchange rate of 1.95583 leva to the euro, which Article 11(2) of the Euro Introduction Act applies to amounts in leva from .
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 51129.19
Who enforces it
Enforcement body
The Communications Regulation Commission, which controls the carrying out of electronic communications (Article 311(1))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a provider of publicly available electronic communications services other than machine-to-machine transmission services (Articles 226(1) and 228а(1)), or of public interpersonal communications services or internet access services (Article 231а(1))
- an undertaking that is not a microenterprise providing only interpersonal communications services without numbers: Article 242в(1) provides that "Изискванията по тази глава, с изключение на чл. 225, не се прилагат за микропредприятията, предоставящи междуличностни съобщителни услуги без номера, освен ако те предоставят и други електронни съобщителни услуги" (the requirements of this chapter do not apply to microenterprises that provide interpersonal communications services without numbers unless they also provide other electronic communications services); paragraph 1 point 31е of the additional provisions defines a microenterprise by Article 3(3) of the Small and Medium-sized Enterprises Act, which counts as one an enterprise with average staff under 10 persons and an annual turnover not above EUR 2,000,000 and/or asset value not above EUR 2,000,000 ("годишен оборот, който не превишава 2 000 000 евро, и/или стойност на активите, която не превишава 2 000 000 евро"), the two limbs joined by "и" (and); Article 4(9) of that Act provides that an enterprise is not an enterprise under Article 3 if 25 percent or more of its capital or of the votes in its general meeting is controlled, directly or indirectly, jointly or individually, by one or more state bodies ("едно предприятие не може да се смята за предприятие по чл. 3, ако 25 на сто или повече от капитала или от броя на гласовете в общото събрание се контролират пряко или непряко, заедно или поотделно от един или повече държавни органи"), and Article 4(1) counts the data of partner and linked enterprises
What this law does
Paragraph 344 of the additional provisions of the amending Law published in State Gazette issue 20 of 2021 states that it introduces the requirements of Directive (EU) 2018/1972. The 44th National Assembly adopted the amending Law on . State Gazette issue 20 of published the amending Law.
Article 226(1) requires providers of publicly available electronic communications services other than machine-to-machine transmission services to give the consumer, before the consumer is bound by a contract or an offer to contract, the information relevant to the requested service. Article 226(1) point 4 lists among that information detailed information on the products and services designed for users with disabilities and the ways to receive updates to it.
Article 226(3) requires the undertaking to give that information on request in a format accessible to users with disabilities, in accordance with the legislation and the law of the European Union harmonising accessibility requirements for products and services.
Article 226(4) requires the information of paragraph 1 and the contract summary of Article 228а(1) to be given also to end-users that are microenterprises, small enterprises or non-profit legal entities, unless they have expressly waived it in whole or in part.
Article 228а(1) requires providers of public electronic communications services other than machine-to-machine transmission services to prepare a short and easily readable contract summary with the consumer on the template set by Commission Implementing Regulation (EU) 2019/2243. Article 228а(2) requires them to complete the template and give the contract summary to consumers free of charge before the contract is concluded, including for distance contracts.
Article 228а(3) provides that where objective technical reasons prevent giving the summary that way, it is given within 7 days after the contract is concluded, and the contract then takes effect on the day the consumer confirms agreement after receiving the summary.
Part B of the Annex to Commission Implementing Regulation (EU) 2019/2243 requires the contract summary section headed Features for end-users with disabilities to include information on the main products and services for end-users with disabilities.
That information may include, where available, at least real-time text, total conversation, relay services, accessible emergency communications, specialised equipment, special tariffs and accessible information, and its details can be indicated to be available separately.
Article 231а(1) requires providers of public interpersonal communications services or internet access services to publish up-to-date information on their website, prominently in their commercial premises and, where necessary, in another suitable way. Article 231а(1) point 3 letter ж includes in that information details of products and services, with functions, practices, policies and procedures and changes in the operation of a service, specially designed for users with disabilities.
Article 231а(2) requires that information to be published in a clear, comprehensive and easily accessible machine-readable form and in a format accessible to users with disabilities. Article 231а(3) lets the Commission set additional requirements on the form in which the information is published. Article 231а(4) requires the information to be given to the Commission before publication on request.
Article 242в(1) disapplies the requirements of Chapter Fourteen, except Article 225, to microenterprises that provide interpersonal communications services without numbers, unless they also provide other electronic communications services. Article 242в(2) requires those undertakings to inform end-users of the exception before the individual contract is concluded.
Paragraph 1 point 31е of the additional provisions defines a microenterprise as an enterprise within Article 3(3) of the Small and Medium-sized Enterprises Act, except in the cases of Article 63(3). Article 326а(3) imposes on an undertaking providing public electronic communications networks or services that commits a violation under Chapter Fourteen a property sanction of BGN 5,000 to 100,000.
Paragraph 19 of the Law published in State Gazette issue 99 of 2025 deleted the words section III from Article 326а(3) and raised its ceiling from BGN 60,000 to BGN 100,000. State Gazette issue 99 of published that Law. Until that amendment Article 326а(3) reached only a violation of Section III of Chapter Fourteen, and its ceiling was BGN 60,000. The Chair of the Commission or a member it expressly authorises issues the penal decrees (Article 337б(1)).
When LexLint raises it
When your app profile says your app ships a consumer interface or provides telecom services.
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