This material represents a general overview of the recent developments in Bulgarian and European legislation as of the date indicated herein. Nothing in this newsletter is intended to provide legal or other professional advice for a specific case.
Adoption of a new Law on the Supply of
Digital Content and Digital Services and on the Sale of Goods
The newly adopted Law on the Supply of Digital Content and Digital Services and on the Sale of Goods in Bulgaria introduces the requirements of two directives: Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services and Directive (EU) 2019/771 of the European Parliament and the Council of 20 May 2019 concerning certain aspects of the sale of goods.
Both directives are part of the legislative package on enhancement of the cross-border e-commerce within the EU and require maximum level of unification of the legislation of the Member States.
The Law comprises the requirements as regards contracts concerning:
(a) Supply of digital content and digital services as entered between traders and consumers, and specifically the requirements on the conformity of digital content and digital services, the remedies available to consumers in case of lack of supply or lack of conformity, the modalities for exercising of these remedies, as well as the modalities on amendment of digital content and digital services; and
(b) Sale of goods between sellers and consumers and particularly the requirements concerning conformity of the goods, the remedies available to consumers in case of lack of conformity, the modalities for exercising these modalities, and commercial guarantees.
Any rights and remedies granted to consumers by this law may not be lawfully restricted. Any clause that limits or restricts such rights and/or remedies is deemed to be legally void.
The law has for its objective boosting protection of economic rights of consumers upon supply of digital content and digital services, as well as upon sale of goods to consumers.
The law enters into force on 1 January 2022 and is generally applicable to any contracts for sale of goods entered into after this date and for any contracts for supply of digital content and digital services, regardless of the date of their signing.