BulgariaElectronic Communications Act, Articles 235а and 237б, equivalent access and choice for end-users with disabilities
In force.
An accessibility requirements rule binding private bodies.
What it requires
- If you provide publicly available electronic communications services, meet the requirements the Communications Regulation Commission determines so that users with disabilities have access to the services and the related contractual information, including emergency calls and the services of social value provided through number 116000 and the other harmonised services of social value, equivalent to the access of the majority of end-users, and have the choice of undertakings and services available to the majority of end-users (Art. 237б points 1 and 2; implements Directive (EU) 2018/1972, Art. 111(1)).
- Give users with disabilities who are citizens of another Member State of the European Union and reside in Bulgaria access to the emergency services on a par with other end-users, where feasible without prior registration, in line with the requirements the Commission determines (Art. 237б point 3; implements Directive (EU) 2018/1972, Art. 109(5)).
- If the Commission obliges you as a provider of internet access services or public interpersonal communications services, publish comprehensive, comparable, reliable, easily accessible and up-to-date information on the quality of your services, to the extent that you control at least some elements of the network, and on the measures you have taken to ensure equal access for users with disabilities, and give the Commission that information before publication if it asks (Art. 235а(1), (3) and (4); implements Directive (EU) 2018/1972, Art. 104(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 . Where the duty arises from a decision of the Commission, Article 287(1) of the Administrative Procedure Code also lets the Commission, as the enforcing body under Article 271(1) point 1 of that Code, impose on the organisation a property sanction of BGN 500 to 10,000 (EUR 255.65 to 5,112.92) a week, and a fine of BGN 50 to 1,000 (EUR 25.56 to 511.29) a week on its representatives, until the decision is complied with.
- 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 (Article 237б), or, for Article 235а, of internet access services or publicly available interpersonal communications services
- 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 237б requires the Commission to determine requirements for undertakings providing public electronic communications services to give users with disabilities access to electronic communications services and the related contractual information, including emergency calls and the services of social value provided through number 116000, equivalent to the access of the majority of end-users.
Article 237б point 2 adds the choice of undertakings and services available to the majority of end-users. Article 237б point 3 adds access to the emergency services for users with disabilities who are citizens of another Member State of the European Union residing in Bulgaria, on a par with other end-users, where feasible without prior registration.
Article 235а(1) lets the Commission oblige providers of internet access services and public interpersonal communications services to publish comprehensive, comparable and up-to-date information on the quality of their services and on the measures taken to ensure equal access for users with disabilities. Article 235а(3) requires the Commission to impose that obligation after consulting the interested parties.
Article 235а(4) requires the undertakings to give that information to the Commission before it is published, 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)).
Article 271(1) point 1 of the Administrative Procedure Code makes the authority that issued an administrative act the enforcing body against citizens and organisations. Article 287(1) of that Code lets the enforcing body, on culpable non-performance of an obligation that only the debtor can perform, impose on the obligated organisation a property sanction of BGN 500 to 10,000 a week, together with a fine of BGN 50 to 1,000 a week on its representatives, until the obligation is performed.
When LexLint raises it
When your app profile says your app provides telecom services.
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