Publications: Assoc. Prof. Martin Zahariev, PhD
New Rules in the E-Commerce Act regarding Online Intermediary Service Providers and Online Search Engine Providers
Download:zahariev-m-novite-pravila-v-zakona-za-elektronnata-targoviia-otnosno-dostavchicite-na-posrednicheski-onlain-uslugi-i-dostavchicite-na-onlain-tarsachki.pdf (PDF, 514.20 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:http://epi.bg/
Edition:Commercial and Contractual Law Digest, 2021, book 03, p. 31
In issue 96 of 10 November 2020 of the State Gazette (SG) the Act for Amendment and Supplement to the Electronic Commerce Act (AASECA) was promulgated. As indicated in the motives to the AASECA bill, the amendments aim to ensure "adequate and effective implementation" of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. To that end, the rules and measures applicable to infringements of the Regulation shall be established at national level. This analysis explains what the amendments to the Electronic Commerce Act are and why they needed to be made.
*The publication is in Bulgarian.
Jurisdictional Issues and Arbitration - An International Comparison
Download:austrian-yearbook-on-international-arbitration-2021.pdf (PDF, 2.87 mb)
Subject:Dispute resolution
Edition:Austrian Yearbook on International Arbitration 2021
For a second year in a row DPC arbitration experts have been invited as contributors to the Austrian Yearbook on International Arbitration. Pencho Stanchev and Martin Zahariev, PhD worked on the Bulgarian part to the chapter Jurisdictional Issues and Arbitration - An International Comparison of the Austrian Yearbook on International Arbitration 2021 with authors Gerold Zeiler and Andrijana Misovic.
International Competence in Proceedings Related to Infringements of the General Data Protection Regulation
Download:international-competence-in-proceedings-related-to-infringements-of-gdpr.pdf (PDF, 443.98 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:International Politics, XVI, Issue 1
Edition:Edition of the South-West University Neofit Rilski, Faculty of Law and History, Blagoevgrad, 2020
On 25 May 2018, Regulation 2016/679 (General Data Protection Regulation, GDPR/ the Regulation) became applicable. It introduced a unified regime for the protection of personal data within the European Union, further developing the existing national rules in this matter, adopted by the Member States when transposing the requirements of Directive 95/46 that precedes GDPR. Among the ambitious goals of the European legislator with the adoption of GDPR is to ensure the control of natural persons over their own personal data and to enhance legal and practical certainty for natural persons, economic operators and public authorities. One of the means to achieve this is to expand the scope of some existing rights of data subjects in the processing of their personal data, the establishment of new, hitherto unknown rights, as well as the regulation of reciprocal obligations of the subjects processing personal data – data controllers and processors. In addition, GDPR introduces specific rules on the remedies of the data subjects in case the requirements of the Regulation on the processing of their personal data are infringed. The purpose of this study is to analyze the rules for determining international jurisdiction in proceedings related to infringements of the rules of GDPR. The types of legal remedies that GDPR provides to data subjects are considered - the right to lodge a complaint with a supervisory authority, the right to effective judicial remedy against a supervisory authority and the right to effective judicial remedy against a controller or processor and the rules for determining international jurisdiction over the said proceedings.
*The publication is in Bulgarian.
On Electronic Documents and Their Practical Application in Modern Business Relations
Download:vasileva-r-zahariev-m-za-elektronnite-dokumenti-i-prakticheskoto-im-prilojenie-v-savremennite-biznes-otnosheniia.pdf (PDF, 522.82 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:http://epi.bg/
Edition:Commercial and Contractual Law Digest, 2021, book 01, p. 24
Over the last decade there has been a constant trend towards digitalization of many traditional processes in business organizations. This trend has accelerated dramatically in recent months due to the anti-epidemic measures introduced against the COVID-19 pandemic, which have led to the mass introduction of remote work (where possible), remote business meetings, negotiations and signing of contract, etc. Perhaps the most important of these processes is the document flow of the organization, i.e. the creation, signing, exchange and storage of documents both inside the organization (e.g. documents created in connection with the work process) and outside it (e.g. documents connected to relations with suppliers, contractors, business partners and potential ones). However, with the introduction of concepts such as contract, concluded remotely, electronic statement (e-statement), electronic document (e-document) and electronic signature (e-signature), many questions arise, as well as fears that the new digital being of documents is not able to guarantee the interests of legal entities in the same way as the good old paper document. This analysis aims to examine the issues of the legal value and importance of e-documents in the context of commercial and civil law.
*The publication is in Bulgarian.
Some Clarifications Regarding the Issuance of Qualified Electronic Signatures at the Employer’s Expense
Download:zahariev-m-niakoi-raziasneniia-otnosno-izdavaneto-na-kep-za-smetka-na-rabotodatelia.pdf (PDF, 236.74 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:https://www.tita.bg/
In the situation of a pandemic making remote work the new normal, the qualified electronic signature (QES) has become an essential tool enabling lots of people to do their jobs. Martin Zahariev, PhD offers some useful clarifications to employers in connection with the issuance of QES to their employees.
*This publication is in Bulgarian.
ARE EMPLOYERS ALLOWED TO TEST THEIR EMPLOYEES FOR COVID-19?
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Download:krusteva-d-zahariev-m-are-employers-allowed-to-test-their-employees-for-covid-19.pdf (PDF, 1.42 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:www.tita.bg
The alarming and dynamic increase in the number of COVID-19 cases over the past few weeks has seriously raised the question of what measures could be taken in order to curb the spread of the infectious disease in the workplace. May employees be tested for COVID-19? May this be introduced by the employer as a mandatory requirement? May the staff be notified in case of a sick employee? May employers trace contact persons among staff? Do such measures contravene data protection regulations or other requirements? This analysis tries to give some useful guidelines in connection with the above questions.
*This publication is in Bulgarian.
PRINCIPLES OF PERSONAL DATA PROCESSING – NATURE AND SIGNIFICANCE AS A STANDARD FOR PERSONAL DATA PROTECTION
Download:zahariev-m-principles-of-personal-data-processing-nature-and-significance-as-a-standard-for-personal-data-protection-01-11-2020.pdf (PDF, 6.23 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:Academic Publishing House "Za bukvite - O Pismeneh"
Edition:KNOWLEDGE SOCIETY AND 21st CENTURY HUMANISM - The 18th International Scientific Conference Sofia, 1st – 2nd November 2020
Abstract: This analysis aims to clarify the nature of the principles of personal data processing (the Principles). To achieve this goal, the following tasks have been performed: (1) the emergence and evolution of the Principles in historical context are analyzed; (2) their content and practical significance are clarified; (3) a distinction is made between the Principles and the concept of a legal principle; (4) a comparative analysis is carried out with the laws of other countries, such as the California Consumer Privacy Act. As a result of the research, the thesis is substantiated that the Principles have the nature of legal norms of general significance and have established themselves as a kind of standard for personal data protection.
*This publication is in Bulgarian.
On the Types of Electronic Signatures and Their Practical Application in Modern Business Relations
Download:vasileva-r-zahariev-m-za-vidovete-elektronni-podpisi-i-prakticheskoto-im-prilojenie-v-savremennite-biznes-otnosheniia.pdf (PDF, 541.35 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:http://epi.bg/
Edition:Commercial and Contractual Law Digest, 2020, book 11, p. 34
The COVID-19 pandemic has significantly accelerated digitalisation in all spheres of public life. Many companies have had to move to remote work with almost no preparation, limit their physical meetings with current and potential contractors, and switch fully or partly to electronic document turnover. Some questions were urgently raised of how one can sign remotely, so that the various business processes in the organizations would not be blocked and at the same time a certain level of legal certainty would be achieved, which would guarantee the rights and interests of those signing remotely. Although the legal framework of the electronic document and the electronic signature is not new, but has been operating in Bulgaria and the EU for years, it turned out to be insufficiently familiar and clear for most of the companies. This is the main reason for this analysis, which aims to explore the different possibilities for electronic signing of documents in the ordinary course of business of private entities.
*This publication is in Bulgarian.
GDPR Implementation Series - Bulgaria
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Subject:ICT Law. Privacy and Data Protection
Published at:Lexxion
Edition:European Data Protection Law Review 3/2020
Almost 2.5 years since GDPR became effective, many things have changed. Most importantly, the privacy-awareness has drastically increased among both companies and citizens. Find out what happened during this period in Bulgaria (key legislative changes and most noteworthy cases) in the latest report by our experts Martin Zahariev and Radoslava Makshutova.
The Legal Nature of Domain Names
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Download:zahariev-m-krasteva-d-pravna-sashtnost-na-domein-imenata.pdf (PDF, 3.68 mb)
Subject:ICT & IP Law
Published at:https://www.tita.bg/
*This publication is in Bulgarian
Mission (Im)Possible: Where GDPR Meets Commercial Arbitration
Download:martin-zahariev-austrian-yearbook-on-international-arbitration-2020.pdf (PDF, 7.09 mb)
Subject:ICT Law. Privacy and Data Protection
Edition:Austrian Yearbook on International Arbitration 2020
On the Admissibility of Certain Data Processing Operations of the Employers during Covid-19 Pandemic
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Download:on-the-admissibility-of-certain-data-processing-operations-of-the-employers-during-covid-19-pandemic.pdf (PDF, 1.45 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:https://www.tita.bg/
In the emergency situation caused by the COVID-19 pandemic, employers face many challenges - from seeking to maintain employment and minimize losses to compliance with established anti-epidemic measures and protection of the lives and health of their employees. Martin Zahariev, PhD, examines several processing operations related to counteracting the spread of COVID-19 at the workplace and their admissibility from GDPR and Bulgarian law perspective.
*This publication is in Bulgarian
Multisport Card and Data Protection
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Download:m-zahariev-article-re-multisport-and-data-protection-tita-taxes-issue-122-2019.pdf (PDF, 2.35 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:https://www.tita.bg/
*This publication is in Bulgarian
Arbitrability of Construction Contracts Entered into with Public Authorities: The Bulgarian Perspective
Download:m-zahariev-m-baykushev-construction-arbitration-in-cee-2020-ch-06.pdf (PDF, 344.23 kb)
Subject:Dispute resolution
Published at:Wolters Kluwer, Construction Arbitration in Central and Eastern Europe
Data protection aspects of artificial intelligence in commercial arbitration
Download:martin-zahariev-data-protection-aspects-of-artificial-intelligence-in-commercial-arbitration-contemporary-strategies-and-innovations-in-the-knowledge-management-ed-4-2018.pdf (PDF, 2.58 mb)
Subject:Dispute resolution
Published at:Academic Publishing House "Za bukvite - O Pismeneh"
Edition:Contemporary Strategies and Innovations in The Knowledge Management, 4/2018
Debt Assignment (cession) and Data Protection
Download:martin-zahariev-debt-assignment-cession-and-data-protection-tita-taxes-magazine-13-11-2019.pdf (PDF, 1.42 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:e-magazine "Taxes TITA"
Edition:ed. 121/2019
*This publication is in Bulgarian.
ON THE ROLES OF A “CONTROLLER” AND A “PROCESSOR” IN PERSONAL DATA PROCESSING
Download:m-zahariev-on-the-roles-of-a-controller-and-a-processor-in-personal-data-processing-buditeli-2019.pdf (PDF, 2.16 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:Collection “KNOWLEDGE SOCIETY AND 21ST CENTURY HUMANISM”, 1 Nov 2019
BG/EN
GDPR Issues in Commercial Arbitration and How to Mitigate Them
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Subject:Dispute resolution
Published at:Kluwer Arbitration Blog
Data Protection in Commercial Arbitration: In the Light of GDPR
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Subject:ICT Law. Privacy and Data Protection
Published at:LAP LAMBERT Academic Publishing
Staff Recruitment and Data Protection
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Download:m-zahariev-recruitment-and-personal-data-protection-trud-i-pravo-july-2019.pdf (PDF, 6.39 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:http://www.epi.bg/
Edition:Labour and Law Digest, 2019, b.7
*This publication is in Bulgarian
About the Legitimate Interest as a Legal Ground for Personal Data Processing
Download:about-the-legitimate-interest-as-a-legal-ground-for-personal-data-processing-commercial-and-contractual-law-magazine-april-2019.pdf (PDF, 5.95 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:Commercial and Contract Law Magazine, Book 4/2019, Trud i Pravo, Sofia, 2019
*This publication is in Bulgarian.
Some Peculiarities in the Processing of Personal Data by Public Authorities
Download:za-bukvite-european-citizens-and-intellectual-property-2018.pdf (PDF, 8.77 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:Collection "Za Bukvite"
*This publication is in Bulgarian
* The publication is part of the collection "Za Bukvite", "European citizens and intellectual property: perception, awareness and behaviour "
Amendments in Bulgarian Personal Data Protection Legislation - Key Changes
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Download:martin-zahariev-amendments-in-bulgarian-personal-data-protecion-legislation-key-changes.pdf (PDF, 3.05 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:tita.bg
Edition:127
Monitoring of Employees in the Workplace
Subject:ICT Law. Privacy and Data Protection
Published at:Meritas
Edition:European & Middle East Guide
Discussion: New Requirements of tax legislation for e-shops
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Download:ordinance-n-18-e-shop-martin-zahariev-07-12-2018.pdf (PDF, 3.44 mb)
Subject:Tax Law
Published at:TiTA
Edition:TiTA
* This publication is in Bulgarian.
The Revocation of the Contradiction with Public Policy as a Ground for Setting Aside Arbitral Awards under the International Commercial Arbitration Act is Unconstitutional
Download:m-baykushev-m-zahariev-the-revocation-of-contradiction-with-public-order-as-ground-for-setting-arbitral-awards-aside-is-unconstitutional-july-2016.pdf (PDF, 5.28 mb)
Subject:Dispute resolution
Published at:Commercial and Contract Law Magazine, Book 6/2018, Trud i Pravo
Edition:Commercial and Contract Law Magazine, Book 6/2018, Trud i Pravo
Obligation to appoint a DPO and to notify the CPDP
Download:martin-zahariev-gdpr-01-06-2018.pdf (PDF, 1.09 mb)
Published at:TITA
Edition:TITA
* This publication is in Bulgarian.
The Obligation to Maintain a Record of Processing Activities – Some Practical Guidelines
Download:martin-zahariev-article-gdpr-tita-07-05-2018.pdf (PDF, 2.67 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:TITA
Edition:TITA
* This publication is in Bulgarian.
Can Managers of LTDs Enter into Employment Contracts Therewith
Download:zoya-todorova-martin-zahariev-employment-contracts-with-managers-of-ltds-april-2018.pdf (PDF, 4.54 mb)
Subject:Employment and Social Security Law
Published at:Labour and Law (Trud i Pravo)
Edition:Issue 3, 2018
* This publication is in Bulgarian.
Correlation between setting aside and enforcing arbitral awards – a never-ending story
Download:martin-zahariev-arbitration-newsletter-february-2018.pdf (PDF, 77.81 kb)
Subject:Dispute resolution
Published at:IBA Arbitration Newsletter February 2018
Edition:IBA Arbitration Newsletter February 2018
Main obligations of data controllers – key GDPR changes
Download:martin-zahariev-article-gdpr-tita-03-2018.pdf (PDF, 4.01 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:TITA
Edition:TITA
* The publication is in Bulgarian.
Grounds for Processing of Personal Data and Citizens' Rights - Key GDPR Changes
Download:martin-zahariev-article-gdpr-tita-02-2018.pdf (PDF, 275.71 kb)
Subject:ICT Law. Privacy and Data Protection
Published at:TITA
Edition:TITA
* The publication is in Bulgarian.
New EU Data Protection Rules
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Subject:ICT Law. Privacy and Data Protection
Published at:https://amcham.bg/wp-content/uploads/2017/10/Amcham_175-printPreview.pdf
Edition:Business Connect Magazine
Expert Comment: Is the Business Ready for GDPR?
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Subject:ICT Law. Privacy and Data Protection
Published at:http://computerworld.bg/
Edition:Computerworld
* The publication is in Bulgarian.
FIDIC Multi-Tier Dispute Resolution Clauses
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Download:drbf-aug-sep-oct-2017.pdf (PDF, 2.04 mb)
Subject:Real Estate Law. Construction Law
Published at:https://drb.org/
Edition:DRBF Forum
Could Bulgaria Have Avoided Payment under the Arbitral Award for Belene Nuclear Power Plant?
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Download:belene-arbitration-case.pdf (PDF, 431.10 kb)
Subject:Dispute resolution
Published at:www.mediapool.bg
Edition:Mediapool
The Evolution of EU Data Protection Law on Automated Data Profiling
Download:ping-m-zahariev-the-evolution-of-eu-data-protection-law-on-automated-data-profiling-03-2017.pdf (PDF, 2.29 mb)
Subject:ICT Law. Privacy and Data Protection
Published at:www.PinGdigital.de
Edition:PinG Privacy in Germany
FIDIC around the world – Bulgaria
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Download:clint-march-2017.pdf (PDF, 6.31 mb)
Subject:Real Estate Law. Construction Law
Published at:http://www.ibanet.org
Edition:Construction Law International
FIDIC Multi-Tier Dispute Resolution Clauses in the Light of Bulgarian Law
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Subject:Dispute resolution
Published at:http://arbitrationblog.kluwerarbitration.com
Edition:Kluwer Arbitration Blog
Trademark Protection against Unfair Registration of Domain Names
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Download:dpco-trademark-protection-against-unfair-registration-of-domain-names-bg.pdf (PDF, 440.71 kb)
Subject:Intellectual Property Law
Published at:http://computerworld.bg/
Edition:Computerworld
* The publication is in Bulgarian.
On the Correlation between the Concepts of Insolvency and Overindebtedness
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Download:dpco-on-the-correlation-between-the-concepts-of-insolvency-and-overindebtedness.pdf (PDF, 546.24 kb)
Subject:Corporate Law. Mergers & Acquisitions
Published at:http://www.epi.bg/
Edition:Book 11, December 2016
* The publication is in Bulgarian.
Some clauses in employment contracts are invalid
Download:human-resourcesmagazine-2-3253-2016.pdf (PDF, 280.66 kb)
Subject:Employment and Social Security Law
Published at:Human Resources Magazine
Edition:2-3/253/2016
* The publication is in Bulgarian.
Disputable Aspects Regarding the Seat of Arbitration under Bulgarian Law
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Subject:Dispute resolution
Published at:Kluwer Arbitration Blog
Legal problems in the course of team buildings
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Subject:Employment and Social Security Law
Published at:Human Resources Magazine
Edition:8/248/2015
* The publication is in Bulgarian.
The Scrutiny of an Award: The Bulgarian Arbitral Institutions’ Perspective
Download:scrutiny-of-the-award-the-bulgarian-arbitral-institutions-perspective-en.pdf (PDF, 318.00 kb)
Subject:Dispute resolution
Published at:Kluwer Arbitration Blog
Is it possible to have an Emergency Arbitrator in Bulgaria?
Download:is-it-possible-to-have-emergency-arbitrator-in-bulgaria-en.pdf (PDF, 298.66 kb)
Subject:Dispute resolution
Published at:Martindale-Hubbell®
Edition:Legal library
Non-Declaration Of Insolvency By The Manager Of A Trade Company As Grounds For Criminal Liability – Practical Problems
Download:article-crimes-against-creditors-bg.pdf (PDF, 313.88 kb)
Subject:Dispute resolution
Published at:“Labour and law“ Publishing house
The text is in Bulgarian.
