Latest Publications
In the State Gazette No 67/04.08.2023 an Ordinance No 1 from 27 July 2023 for keeping of a register for reports under Art. 18 of the Law on Protection of Persons who Report Breaches or Publicly Disclose Information on Breaches and sending of internal reports to the Commission of Personal Data Protection was promulgated. The Ordinance governs the procedure of maintaining of an information system by the obligated persons, into which reports of breaches of national and/or European law are to be submitted. In this article the main points will be discussed.
»EXPECTED AMENDMENTS IN THE LABOUR CODE
On 11 August 2023, the Council of Ministers published for public discussion a draft of Law on Amending and Supplementing of the Labour Code, which provides changes in the regulatory framework regarding the remote work, including the introduction of obligations for employers using information system for algorithmic management (artificial intelligence) in the organization of the remote work. The draft LAS LC includes proposals for changes that ensures the payment of the remunerations to the employees in subcontractor chains. In the present article, we will solely examine the proposed changes regarding the remote work regime.
»THE FUTURE OF START-UP BUSINESSES – A VARIABLE CAPITAL COMPANY
In State Gazette issue 66/ 01.08.2023 are promulgated amendments in the Commerce Act, which introduce a new form of commercial company in the Bulgarian legal world – variable capital company. Economic trends in Bulgaria and the desire of innovative start-up businesses for accessible, adaptable and effective company form led to the regulation of the new company type. In this article, we will explain more.
»AMENDMENTS IN THE CASH PAYMENTS RESTRICTION ACT
As of 1st September 2023, come into effect new amendments to The Cash Payments Restriction Act which widen its application field significantly. Employers and companies must pay off remunerations and dividend profits through bank transactions. The draft LAS LC includes proposals for changes that ensures the payment of the remunerations to the employees in subcontractor chains. In the present article, we will solely examine the proposed changes regarding the remote work regime.
»NEW REGULATION ON GENERAL PRODUCT SAFETY
On 12 June 2023 came into effect Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 10 2023, on general product safety,. The Regulation introduces changes in the criteria for assessing the safety of products, enhances the safety of products offered online and brick-and-mortar, establishes new rules regarding non-harmonized products, etc. For more information, see the present article.
»AMENDMENTS TO THE MEASURES AGAINST MONEY LAUNDERING ACT
In mid-July some amendments to the Measures Against Money Laundering Act were promulgated. Many of them are expected to have important practical implications. In this article we have briefly listed some of them.
»EXPECTED AMENDMENTS IN THE MEASURES AGAINST MONEY LAUNDERING ACT
On 28.04.2023 a Bill to amend and supplement the Measures Against Money Laundering Act was introduced to the National Assembly. After heated debates, the Bill was adopted at its first reading on 31.05.2023. Its final adoption is yet to come. The Bill provides for a number of amendments in the MAMLA, some of which are substantial and are expected to have important implications for the addressees of the act.
»MANDATORY COURT MEDIATION
With the Act for Amendments and Supplements to the Mediation Act, promulgated in the State Gazette issue 11 of 02.02.2023, some changes have been made regarding the mediation procedure in case of a dispute brought to the court under the Civil Procedural Code (CPC). One of the changes is the introduction of the so-called mandatory court mediation in regard to certain types of civil and commercial cases. Therewith, the legislator aims to "reduce the workload of the courts and increase efficiency in the field of civil and commercial jurisdiction". In this material, we will briefly consider some of the issues related to mandatory court mediation.
»CHANGES IN THE ORDINANCES, REGULATING THE BUSINESS TRIPS IN THE COUNTRY AND ABROAD
In State Gazette, No. 27 of 24.03.2023, changes were promulgated in the Ordinance on business trips in the country and the Ordinance on official business trips and specializations abroad. The adopted changes aim to guarantee an adequate amount of business trip money paid to employees, as well as to facilitate documentary the process of business trip. This material shall review the main changes introduced in the ordinances on business trips in the country and abroad.
»CHANGES IN THE REGIME FOR ISSUANCE OF EU BLUE CARD
On 25 January 2023, in issue 8 of the State Gazette, the Law on Amendments and Supplements to the Labour Migration and Labour Mobility Act was promulgated, which introduced a number of changes to the procedure for issuance of the European Union Blue Card to foreigners who are third-country nationals (i.e. citizen of non-EU countries). The changes aim at adapting the Bulgarian legislation to the increasingly dynamically developing labor market and the need to facilitate labor mobility given the increasingly noticeable shortage of qualified personnel in the country. The adopted amendments transpose, although not in full, Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC. In the present article we will look at the most significant changes to the regime for issuance of European Union Blue Card.
»NEW RULES FOR DETERMINATION OF THE MINIMUM WAGE IN BULGARIA
In the State Gazette, No. 14 of 10 February 2023, a Law amending and supplementing the Labor Code was promulgated, which introduced new rules for determination of the minimum wage in Bulgaria. The present article will provide a brief overview of the new procedure for determining the minimum wage in the country.
»NEW OBLIGATIONS FOR THE COMPANIES UNDER LAW ON PROTECTION OF PERSONS WHO REPORT BREACHES OR PUBLICLY DISCLOSE INFORMATION ON BREACHES
On 2 February 2023, the Law on the Protection of Persons who report breaches or publicly disclose information on breaches was promulgated in issue 11 of the State Gazette. The Law enters into force on 4 May 2023 and implements the requirements of 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. Provisions regarding the obligation for employers in the private sector with 50 to 249 workers to establish an internal reporting channel and for follow-up come into force on 17 December 2023. This material presents the main issues of the law.
»NEW DRAFT LAW ON THE LAW FOR AMENDMENT AND SUPPLEMENT ON THE LAW FOR BULGARIAN PERSONAL DOCUMENTS
On 6 January 2023, a draft Law on the Law for amendment and supplement on the Law for Bulgarian personal documents was submitted in the National Assembly. The proposed changes will make it easier for the Bulgarian citizen with the issuance of personal documents. This material presents the main provisions of the draft law.
»NEW DRAFT LAW ON THE PROTECTION OF PERSONS REPORTING OR PUBLICLY DISCLOSING INFORMATION ON BREACHES
On 12 January 2023, a draft Law on the Protection of Persons Reporting or Publicly Disclosing Information on Breaches was submitted in the National Assembly. We remind that this is the third Bill related to the matter of whistleblowing submitted for adoption in the Parliament, as the previous Bills have not been adopted. The Bill transposes 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, more commonly known as the Whistleblowing Directive. In this article, we focus on the differences in the proposed legislation compared to previous bills.
»EU-U.S. DATA PRIVACY FRAMEWORK. DRAFT ADEQUACY DECISION
On 13.12.2022, the European Commission launched a process to adopt an adequacy decision for the safe transfer of personal data from the EU to the US. As a result of the adequacy decision, personal data will be freely and safely transferred without being subject to any further conditions or authorisations. The transfers can be handled in the same way as intra-EU transmissions of data. In the present publication you will be acquainted with the most significant aspects of the EU-USA transfer of personal data.
»BULGARIA NOW ISSUES START-UP VISA FOR FOREIGN ENTREPRENEURS
By Decree No. 318 of 7 October 2022 the Council of Ministers adopted the Ordinance on the Conditions and Procedures for Issuing, Extending and Revoking a Certificate for a High Technology and/or Innovative Project called the “Start-up Visa”. A Start-up Visa is a certificate for a high-tech and or innovative project issued by the Ministry of Innovation and Growth, on the basis of which foreign entrepreneurs in the field of high-tech and innovation can obtain residence permit in Bulgaria. The possibility of obtaining a residence permit in Bulgaria on the basis of Start-up Visa was introduced as early as 2021, but until now the rules under which this new type of visa would be issued were not established and this possibility could not be used in practice. You can read more about the rules for issuing a Start-up Visa here.
