BulgariaElectronic Commerce Act, Article 4а, Storing Information on, and Accessing Information in, a User's Terminal Device
Закон за електронната търговия (ЗЕТ, Zakon za elektronnata targovia), chl. 4а
In force since .
A device storage and tracking consent rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- Before you store information in a user's terminal device, or read information already stored there, give the user the clear and comprehensive information that Article 13 of Regulation (EU) 2016/679 requires and give the user the opportunity to refuse the storage or access (Article 4а, paragraph 1).
- Give the user the possibility to obtain, at any time, information about the data stored in the terminal device (Article 4а, paragraph 2).
- You need not repeat those steps for later storage or access by the same provider if the user has not objected (Article 4а, paragraph 3).
- Those steps are not required for storage or access that is necessary for transmitting communications over an electronic communications network or for providing an information society service the user expressly requested (Article 4а, paragraph 4).
Who enforces it
Enforcement body
The Consumer Protection Commission (Комисията за защита на потребителите), which exercises overall control over compliance with the Act (Article 20, paragraph 1).
What this law does
Article 4а of the Electronic Commerce Act lets a provider of information society services store information in the recipient's terminal device, or gain access to information stored there, on condition that the recipient has been given the clear and comprehensive information required by Article 13 of Regulation (EU) 2016/679 and has been given the opportunity to refuse the storage or access.
Article 4а, paragraph 2 requires providers to give the recipient at any time the possibility to obtain information about the data stored in the terminal device. Under Article 4а, paragraph 3, the requirements of paragraph 1 are not mandatory for later storage or access by the same provider if the recipient has not objected.
Article 4а, paragraph 4 lifts the requirements of paragraph 1 for storage and access that are necessary for transmitting communications over an electronic communications network or for providing an information society service the recipient expressly requested. Article 24, paragraph 1 punishes a service provider that commits or permits a breach of Article 4а with a fine, if the act is not a crime. Article 20, paragraph 1 gives the Consumer Protection Commission overall control over compliance with the Act.
When LexLint raises it
When your app profile says your app tracks devices.