BulgariaElectronic Commerce Act, Articles 5(3) and 6, Identification of Commercial Messages and Unsolicited Commercial Messages
Закон за електронната търговия (ЗЕТ, Zakon za elektronnata targovia), chl. 5, al. 3 and chl. 6
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Make a commercial message that is part of an information society service, or is one, easily recognizable as commercial, clearly identify the persons on whose behalf it is made, state clearly and unambiguously the terms of any promotional offer such as discounts, premiums and gifts, and give easy access to clear terms for contests and games with announced prizes (Article 5, paragraph 3, points 1 to 4).
- When you send an unsolicited commercial message by electronic mail without the recipient's prior consent, make it clearly and unambiguously recognizable as unsolicited as soon as it reaches the recipient (Article 6, paragraph 1).
- Do not send unsolicited commercial messages to the electronic addresses entered in the register of legal persons that do not want to receive them (Article 6, paragraph 3).
- Do not send unsolicited commercial messages to consumers without their prior consent (Article 6, 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 5, paragraph 3 of the Electronic Commerce Act requires commercial messages that are part of or constitute an information society service to be easily recognizable as commercial, to allow clear identification of the persons on whose behalf they are made, to state clearly the terms of any promotional offer, and to give easy access to the terms of contests and games with announced prizes.
Article 6, paragraph 1 requires a service provider that sends unsolicited commercial messages by electronic mail without the recipient's prior consent to make the message clearly and unambiguously recognizable as unsolicited as soon as it reaches the recipient.
Article 6, paragraph 3 prohibits sending unsolicited commercial messages to the electronic addresses entered in the register that the Consumer Protection Commission keeps under paragraph 2 for legal persons that do not want to receive them. Article 6, paragraph 4 prohibits sending unsolicited commercial messages to consumers without their prior consent. Article 20, paragraph 1 gives the Consumer Protection Commission overall control over compliance with the Act.
Article 23, paragraph 1 punishes a service provider that commits or permits a breach of Article 5, paragraph 3 with a fine, if the act is not a crime. Article 24, paragraph 1 punishes a service provider that commits or permits a breach of Article 6, paragraph 1, 3 or 4 with a fine, if the act is not a crime.
When LexLint raises it
When your app profile says your app sends automated outreach.