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»EDPB GUIDELINES ON RESTRICTIONS OF DATA SUBJECTS’ RIGHTS
During the 43rd plenary session of the European Data Protection Board, a final version of the official Guidelines 10/2020 on restrictions under Art. 23 GDPR was adopted, following a lengthy public consultation that ended in February 2021. The Guidelines review the conditions surrounding the introduction of restrictions on the rights of data subjects by Member States and provide an in-depth analysis of the grounds and criteria for their application, the assessments that are to be conducted and the consequences of breaches of the requirements for the imposition of restrictions, as well as the obligations and rights that may be restricted.

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»CLARIFICATIONS ON PERSONAL DATA TRANSFERS BY THE EDPB
On 19 November 2021, the European Data Protection Board published its draft guidance on the interplay between the provisions on the territorial scope and international transfers of personal data included in the GDPR. The draft Guidelines can be found on the website of the EDPB and are open for public consultation until 31 January 2022. The Guidelines are intended to assist controllers and processors, subject to the GDPR, in determining whether a given processing activity constitutes an international transfer of personal data under the Regulation.

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»ESSENTIAL AMENDMENTS TO THE ADMINISTRATIVE VIOLATIONS AND SANCTIONS ACT
At the end of 2020, the National Assembly adopted large-scale amendments to the Administrative Violations and Sanctions Act, and it was envisaged that these amendments would enter into force as of 23.12.2021. The present article includes the implementation of: a definition of the terms “minor case” and “evidently minor case”, a new penalty for community service, amendments in procedural deadlines, the possibility of concluding an agreement to close administrative proceedings, violations, performed in cyberspace, and electronic service.

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»THE NEW ACT ON THE SUPPLY OF DIGITAL CONTENT AND DIGITAL SERVICES AND THE SALE OF FOODS – BETTER CONSUMER PROTECTION
Act on the Supply of Digital Content and Digital Services and the Sale of Goods (the Act) was promulgated in State Gazette issue 23 dated 19 March 2021, which regulates the supply of digital content and services to consumers by implementing Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, and Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods aimed at harmonizing the legislation of the Member States in the field of consumer sales of goods and the supply of digital content and services. You may read more about the new regulation in this article.

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»CPDP OPINION ON PROCESSING VACCINATION STATUS DATA
On 06.10.2021 the CPDP published its opinion regarding the processing of data about the vaccination status of individuals from the EU Digital COVID Certificate. The opinion is in response to a number of letters by non-governmental organizations and citizens regarding the lawful processing of data about vaccination status and provides useful clarifications to the public regarding the admissibility and specifics of the processing of such personal data.

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»NEW INTERPRETATIVE DECISION OF SCC CLARIFIES THE CONCEPTS OF CLOSURE OF PART OF THE UNDERTAKING, INTERNAL REORGANIZATION AND STAFF CUTS
On 26 October 2021 the General Assembly of the Civil Division of the Supreme Court of Cassation has adopted Interpretative Decision No. 5/ 2019 under Interpretative Case No. 5/ 2019. With the latter decision, the court provides clarifications on the concepts of “closure of part of the undertaking”, “internal reorganization” and “staff cuts” in view of termination of employment by the employer via a notice. Furthermore, in its interpretative decision, SCC answers the question of what is the legal significance of these three concepts in regard of the employer’s right and obligation to carry out selection upon suspension of any activity and when the latter activity is continued to be carried out by in the same or another settlement.

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»THE 60/40 MEASURE IS AMENDED AND PROLONGED UNTIL 31 DECEMBER 2021
Decree No. 322/ 07.10.2021 for amendment and supplementation of Decree No. 151/ 03.07.2020 of the Councils of Ministers Defining the Requirements and Procedure for Payment of Funds for Preservation of Employment after the Period of the State of Emergency and the Extraordinary Epidemic Situation was promulgated in State Gazette, issue 85 dated 12 October 2021. The 60/40 measure (which can now also be in some cases a 50/50 measure) has been prolonged with another five months – from 1 August 2021 until 31 December 2021. A number of amendments were also introduced. Learn more on the topic from our brief article.

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»OPPORTUNITIES FOR APPEALING OF DECISIONS FOR REDUCTION OF THE REGULATED MAXIMUM PRICE OF MEDICINAL PRODUCTS
There are opportunities, which may be realized by Marketing Authorisation holders (MAHs) of certain pharmaceutical products by appealing the National Council for Prices and Reimbursement of Medicinal Products decisions concerning reduction of the regulated maximum price of the MAH’s products, and/ or for the imposition of fines for non-compliance with the Bulgarian pharma-pricing legislation requirements. You can read more on these matters here.

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»DRAFT REGULATION ON SINGLE-USE PLASTIC PRODUCTS
A procedure for public discussion of a draft Regulation for reducing the impact of certain plastic products on the environment (the Draft, the Regulation) was opened in the Portal for Public Consultations of the Council of Ministers on 5 August 2021. The Draft transposes into Bulgarian legislation Directive (EU) 2019/904 of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, the so-called single-use plastic products.

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»NEW EUROPEAN RULES FOR PROTECTION OF PEOPLE REPORTING FOR BREACHES OF EU LAW
At the end of 2019, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law was adopted. The Directive establishes new rules for the protection of persons who report for breaches – the so called “whistleblowers”. The Directive aims to introduce effective, confidential and secure channels for reporting and to ensure that persons who report breaches have effective protection against retaliation and in that way encouraging the signalizing of irregularities. You will find more information on the topic in this article.

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»UPCOMING AMENDMENTS TO THE CONSUMER PROTECTION ACT
A proposal for Bill for Amendment and Supplementation of the Consumer Protection Act (CPA) was published on 6 August 2021 in the Portal for Public Consultations of the Council of Ministers. The amendments will transpose in Bulgarian legislation Directive (EU) 2019/2161. The amendments introduce some novelties and changes regarding distant-selling and off-premises selling, the sale of goods through online marketplaces, etc., which aim at a higher degree of consumer protection in the sale of goods via the Internet. The present article will briefly review some of the main planned amendments.

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»THE REQUIREMENT FOR TECHNICAL PASSPORTS OF THE BUILDINGS – PRIVATE PROPERTY BUILT BEFORE 2006, IS REPEALED
Ordinance for amendment of Ordinance No. 5 dated 2006 Concerning the Technical Passports of Constructions has been promulgated in State Gazette issue 68 dated 17 August 2021. The introduced amendments repeal the requirement for preparation of technical passport of the buildings – private property until 31 December 2021. Learn more on the topic from our brief article.


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»ANNOUNCEMENT OF THE ANNUAL FINANCIAL STATEMENTS FOR 2020 IN THE COMMERCIAL REGISTER
With regard to the 2020 annual closing of accounts we would like to remind you that the companies that are registered in the Bulgarian Commercial Register with the Registry Agency are obliged to present for announcement at the Register the documents under Art. 38 of the Accountancy Act (e.g. Annual Financial Statements, Annual Activity Report, Auditor’s Report, etc.) not later than 30 September 2021.

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»THE 60/40 MEASURE IS AMENDED AND PROLONGED UNTIL 31 JULY 2021
Decree No. 213/ 01.07.2021 for amendment and supplementation of Decree No. 151/ 03.07.2020 of the Councils of Ministers Defining the Requirements and Procedure for Payment of Funds for Preservation of Employment after the Period of the State of Emergency and the Extraordinary Epidemic Situation was promulgated in State Gazette, issue 56 dated 6 July 2021. The 60/40 measure has been prolonged with another two months – from 1 June 2021 until 31 July 2021. A number of amendments were also introduced. Learn more on the topic from our brief article.

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»LEGISLATIVE AMENDMENTS CONCERNING WORK AND RESIDENCE REGIMES OF FOREIGNERS IN BULGARIA
At the end of its term, the 44th National Assembly adopted legislative amendments concerning the regime of work and residence of foreigners in Bulgaria. The most significant of them are the abolition of the requirement to perform a market test when hiring third-country nationals outside the European Union (EU), the introduction of a new procedure for issuing an EU Blue Card and a Single Residence and Work Permit, and the creation of a Startup visa for foreign entrepreneurs from outside the EU. This article briefly summarises the significant changes.

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»INTERPRETATIVE DECISION OF THE SCC ON THE REGISTRATION OF A MORTGAGE AFTER ITS DELETION DUE TO THE EXPIRY OF THE TEN-YEAR EFFECTIVENESS
On 17 March 2021 the General Assembly of the Civil and Commercial Chambers of the Supreme Court of Cassation adopted an interpretative decision No 3/2018 on interpretative case No 3/2018, which answered the question whether it is possible for the mortgage to be re-entered after the ten-year term of validity of the effect has expired and the mortgage has been deleted under Art. 22 of the Registry Rules (RR). In this article it will be briefly considered what solution of the issue is given by the Supreme Court of Cassation.

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»AMENDMENTS TO THE WASTE MANAGEMENT ACT
A Bill to Amend and Supplement of the Waste Management Act was promulgated in State Gazette (SG), issue 19 dated 5 March 2021, which introduced a number of amendments in the waste management regime, implementing the requirements of the European Directive 2008/98/EC. This article briefly summarizes some of the more significant amendments.

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»THE 60/40 MEASURE HAS BEEN PROLONGED UNTIL 31 MAY 2021
Decree No. 93/ 18.03.2021 for amendment and supplementation of Decree No. 151/ 2020 of the Councils of Ministers Defining the Requirements and Procedure for Payment of Funds for Preservation of Employment after the Period of the State of Emergency and the Extraordinary Epidemic Situation was promulgated in State Gazette, issue 24 dated 23 March 2021. In our brief article on the matter you will learn about the changes introduced with Decree No. 93/ 18.03.2021.

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»DRAFT OF NEW ORDINANCE ON FOOD SUPPLEMENTS
At the Portal for Public Consultations is published a draft of a new Ordinance on Food Supplements. Public consultations on the draft are opened on 10 March 2021 with deadline for submission of opinions 09 April 2021. Some of the basic moments of the draft are: possibility for simultaneous launch on the market of several supplements with one application to BFSA, registration of internet sellers of food supplements under the order of the Foods Act, change in the obligatory information on the labels, etc. You can read more in the memo below.

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»AMENDMENTS TO THE PROTECTION OF COMPETITION ACT
On 26 February 2021, issue 17 of the State Gazette (SG) published the Act for amendment and supplement (AAS) of the Protection of Competition Act (PCA), which introduced a number of important changes in the Bulgarian competition law regime. The present article briefly summarizes the most significant changes introduced by the Bill.

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»AMENDMENTS TO THE ACT FOR THE MEASURES AND ACTIONS DURING THE STATE OF EMERGENCY AND OVERCOMING OF THE CONSEQUENCES
In State Gazette, issue 14 dated 17 February 2021, Bill for Amendment and Supplementation of the Act for the Measures and Actions During the State of Emergency Declared by Resolution of the Parliament and for Overcoming of the Consequences was promulgated. The present article briefly summarizes the most significant changes introduced by the Bill.

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»INTERPRETATIVE DECISION OF THE SCC ON DIFFERENT HYPOTHESES FOR TERMINATION OF THE EMPLOYMENT CONTRACT BY THE EMPLOYER
On 1 February 2021, the General Assembly of the Civil Chamber of the Supreme Court of Cassation adopted an interpretative decision No 4/2017 on interpretative case No 4/2017, which answered some controversial questions concerning the interpretation of three hypotheses in which the employer may terminate the employee’s employment contract with a notice – in case the worker or employee lacks the capacity for efficient execution of the work, in case the worker or employee does not possess the educational level or professional qualification required for the work executed and upon change of the requirements for execution of the position, if the worker or employee does not satisfy them. In this article will be reviews the solutions that the SCC gives to the controversial issues.

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»THE PROCEDURE FOR FINANCING OF SMALL ENTERPRISES WITH TURNOVER OVER BGN 500,000 IS NOW OPEN FOR APPLICATION
On 22 February 2021, the Managing Authority of Operational Programme Innovation and Competitiveness 2014-2020 opened for application the procedure for selection of projects "Support for small enterprises with turnover over BGN 500,000 for overcoming of the economic consequences of the COVID-19 pandemic”. The deadline for application is 15 March 2021. This article briefly describes the main parameters of the procedure and how to apply.

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»AMENDMENTS IN THE LEGAL REGULATION ON THE POSTING AND SECONDMENT OF EMPLOYEES WITHIN THE FRAMEWORK OF PROVISION OF SERVICES
In the State Gazette, issue 6 from 21 January 2021, was published Decree No 9 of 15 January 2021 on amendments and supplements of the Ordinance on the rules and procedures for posting and secondment of workers and employees within the framework of provision of services (the Decree). With the amendments adopted by the Decree, in the Bulgarian legislation was successfully implemented, albeit belatedly, Directive 2018/957/EU, which introduced the obligation for introduction in the national legislation of additional rights of the posted employees. In order to transpose the Directive, a brief change was made in the Labour Code, which set the legal framework for further development of the regulation on the posting and secondment of employees in the framework of the provision of services. In this article we will look at the most significant changes in the regime of posting and secondment of employees.

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»WHOLESALERS ARE REMOVED FROM THE CATEGORIES OF OBLIGED ENTITIES UNDER THE MEASURES AGAINST MONEY LAUNDERING ACT
In State Gazette, issue 7 dated 26 January 2021, the Bill to Amend and Supplement the Measures Against Money Laundering Act (MAMLA) was promulgated. According to the provided amendments, the wholesalers no longer be obliged entities under MAMLA. As a result to this amendment, wholesalers will have no obligation to apply the measures for prevention of money laundering provided for in the law.

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»THE 60/40 MEASURE HAS BEEN PROLONGED UNTIL 31 MARCH 2021
Decree of the Council of Ministers No. 416 dated 30 December 2020 was promulgated in State Gazette issue 2/ 08.01.2021. Thus, the 60/40 measure has been prolonged for another three months – from 1 January 2021 until 31 January 2021. Some other changes have also been introduced in the regime of payment of funds for preservation of employment after the period of the state of emergency and extraordinary epidemic situation. You can learn more from our short article on the matter.

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