|
The text below is kindly provided by
Djingov, Gouginski, Kyutchukov & Velichkov By adopting the Law on Electronic Document and Digital Signature (effective as of 7 October 2001) Bulgaria became the second country from the Central and Eastern European region, after the Czech Republic, regulating electronic documents and digital signatures, thus creating a basis for development of electronic commerce in the country. The Law on Electronic Document and Digital Signature defines as digital signature any information, related to an electronic statement, in a form, coordinated between the author and the addressee and secure enough for the needs of the turnover, which discloses the identity of the author, confirms his or her consent to the electronic statement and protects the content of the statement from later changes. Under the law, a digital signature should not be valid for certain documents of legal significance, such as securities, bills of lading, or for documents and transactions requiring a qualified written form, such as the notary deed. The law also provides for a certification procedure to be applied to the providers of the services. The regulation has been further developed by the adoption of the Law on Electronic Commerce (effective as of 24 December 2006). The Law on Electronic Commerce implements the E-Commerce Directive 2000/31/EC and regulates activities related to the realization of the electronic commerce, including provider's obligations upon conclusion of contracts through electronic means, liability upon providing services for the information society, applicable law in providing information society services and consumer protection. The law defines information society services as services which are usually provided for consideration, at a distance, by electronic means, after an explicit request on the part of the recipient of the service. If the service consists of the provision of access to or transmission in an electronic communication network, the service provider should not liable for the content of the transmitted information and for the activity of the recipient of the service if it did not initiate the transmission of the information nor selected the recipient of the information nor selected or modifies the information transmitted. The law also provides for extensive and modern regulation regarding cashing, hosting, distribution of unsolicited commercials, etc. The statutory body entrusted with supervisory powers on compliance with the rules of that law is the Bulgarian Commission on Consumer Protection.
|