20 years together

Publications

The Legal Nature of Domain Names

Download:zahariev-m-krasteva-d-pravna-sashtnost-na-domein-imenata.pdf (PDF, 3.68 mb)

Authors:Desislava Krusteva, Martin Zahariev, PhD

Subject:ICT & IP Law

Published at:https://www.tita.bg/

*This publication is in Bulgarian

The Right to be Present at Trial in Criminal Proceedings under Bulgarian Legislation

Download:enchancing-the-right-to-be-present-lex-locals-2020.pdf (PDF, 838.55 kb)

Authors:Prof. Dr. George Dimitrov, Radoslava Makshutova

Subject:Dispute resolution

Published at:Lex Localis

Edition:Enhancing the Right to be Present

The Book “Enhancing the Right to be Present” elaborated within the PRESENT project addresses the direct need of training and receiving insight on the changes that are going to be incorporated in the legislation of EU Member States in order to transpose Directive (EU) 2016/343. The PRESENT partnership unites 6 partners from 6 countries (Bulgaria, Austria, Romania, Slovakia, Cyprus and Portugal) with diverse focus and a wealth of expertise. The publications featured in the book address various topics concerning the right to be present at trial and the presumption of innocence in different Member States. Prof. George Dimitrov and Radoslava Makshutova were part of the Bulgarian team who contributed to the monograph with the article "The Right to be Present at Trial in Criminal Proceedings under Bulgarian Legislation."

 

Mission (Im)Possible: Where GDPR Meets Commercial Arbitration

Download:martin-zahariev-austrian-yearbook-on-international-arbitration-2020.pdf (PDF, 7.09 mb)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Edition:Austrian Yearbook on International Arbitration 2020

State Aid Programs against the consequences of the COVID-19-Pandemic for Businesses

Download:stateaideurope.pdf (PDF, 1.81 mb)

Author:Zoya Todorova

Published at:www.ibanet.org

Edition:IBA Closely Held and Growing Business Enterprises Committee

This Country Overview of Aid Programs in Selected European Countries was prepared by IBA's Closely Held and Growing Business Enterprises Committee with the support of IBA European Regional Forum (ERF) and aims to allow lawyers around the globe to better serve their international clients – and to allow international companies to understand the specificities of national and regional programmes available in the jurisdictions in which they do business.

Covid-19 pandemic: The reactions of competition authorities to the Covid-19 pandemic – an IBA contribution

Download:antitrust-may-2020-covid19-matrix.pdf (PDF, 3.41 mb)

Authors:Zoya Todorova, Rositsa Vasileva

Subject:Competition Law

Published at:https://www.ibanet.org/COVID-19/Home.aspx

Zoya Todorova, Partner, and Rositsa Vasileva, Associate at Dimitrov, Petrov & Co. (DPC), have contributed to an extensive survey conducted by the International Bar Association Antitrust Committee. The survey, covering 44 jurisdictions worldwide, aimed to examine the ways in which the overnight change of the global reality affected the antitrust world, by gathering in a single document a compilation of competition agency reactions to the Covid-19 pandemic.

 

On the Admissibility of Certain Data Processing Operations of the Employers during Covid-19 Pandemic

Download:on-the-admissibility-of-certain-data-processing-operations-of-the-employers-during-covid-19-pandemic.pdf (PDF, 1.45 mb)

Author:Martin Zahariev, PhD

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

World Intellectual Property Rights and Remedies, Chapter on Bulgaria

Author:Bilyana Angelova

Subject:Intellectual Property Law

Published at:Thomson Reuters

Edition:World Intellectual Property Rights and Remedies, Release 2019-6

The 6th release of this useful book for IP professionals published in December 2019, features updated chapter for Bulgaria contributed by DPC's leading expert Bilyana Angelova. It contains helpful guidance on patents and utility models, copyright and trademarks, industrial designs, geographical indications, domain names and trade secrets and describes the nuances of the Bulgarian legislation.

The publication is realized in collaboration with the Center for International Legal Studies.

 

The Myth of the General Invalidity of the Waiver of Future Right. Set-off in the Light of the Waiver of Future Right

Download:m-baykushev-a-georgiev-epi-august-2019-the-myth-of-the-general-invalidity-of-the-waiver-of-future-right-set-off-in-light-with-the-waiver-of-future-rights.pdf (PDF, 8.48 mb)

Authors:Metodi Baykushev, Alexander Georgiev

Subject:Dispute resolution

Published at:http://epi.bg/

Edition:Commercial and Contractual Law Digest, 2019, book 8, book 9

Abstract:

The problem of the validity of the waiver of a future right through a contractual clause has great practical importance. Bulgarian case law and legal theory are consistent in the view that the waiver of future right is void. This stance is problematic in the context of rapidly developing and complicated economic relations. If we rephrase the US Supreme Court Justice Mr Holmes: Тhis is a wrong interpretation that “no lapse of time or respectable array of opinion should make us hesitate to correct”. The law should be applied in a way that is appropriate for its time.
Bulgarian applicable substantive law does not contain a general rule stipulating that a waiver of future rights is invalid. The general legal provision which sets out the rules on invalidity of contracts does not in principle forbid the waiver of future rights (it doesn’t even mention it). However, Bulgarian law explicitly proclaims the freedom of contract as an important general principle.
It is true that there are several specific rules where, under specific circumstances, a waiver of a future right is considered invalid. Such provisions are found in various substantive and procedural regulations, such as the Civil Procedure Code, Obligations and Contracts Act, Labour Code, Consumer Protection Act, Ownership Act and others.
However, if the waiver of a future right was invalid as a general rule, why would we find so many explicit rules rendering the waiver invalid in specific cases? Indeed, there are also a number of situations where the law does treat the waiver of future rights as valid. It’s apparent that where the law explicitly states that a waiver of a future right is invalid, it’s just an example of an exception to the general rule – that a waiver of future rights is admissible.
The general invalidity of the waiver of a future right concept can easily be tested by applying a specific legal institute. If we take the set-off, in some cases the debtor may be interested in maintaining its receivable due to the fact that set-off may be less favourable to it (for example, if its receivable bears interest). Under the Bulgarian law, the set-off takes effect from the moment the set-off was possible. Thus, when a set-off statement is issued, the interest would be discharged. Therefore, the party whose receivable bears interest will benefit from introducing a contractual clause which disallows the right to set-off.
Many waiver of a future right clauses can be found in public-private partnership contracts (e.g. Article 31.1 of the Sofia Airport Concession Agreement). Such clauses are essential for the viability of the modern forms of public-private partnership.
In fact, the waiver of future rights is often at the heart of the contractual relationship between the parties and frequently is a part of the contractual consideration - the obligations that a party undertakes under a particular contract in order to induce the other party to the contract to undertake correlated obligations. This makes it clear that the thesis of the invalidity of the waiver of future rights does not take into account the economic needs and business purposes that underpin the contractual relations in the civil and commercial turnover.

*This article is in Bulgarian.

Multisport Card and Data Protection

Download:m-zahariev-article-re-multisport-and-data-protection-tita-taxes-issue-122-2019.pdf (PDF, 2.35 mb)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:https://www.tita.bg/

*This publication is in Bulgarian

Cameras at Every Corner

Download:ikonomist-article-re-surveillance-cameras-emil-petrov-martin-zahariev-12-2019.pdf (PDF, 2.17 mb)

Subject:ICT Law. Privacy and Data Protection

Published at:Iconomist magazine

Edition:Edition 48

Author: Emil Petrov

Comments: Martin Zahariev

*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)

Authors:Metodi Baykushev, Martin Zahariev, PhD

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)

Author:Martin Zahariev, PhD

Subject:Dispute resolution

Published at:Academic Publishing House "Za bukvite - O Pismeneh"

Edition:Contemporary Strategies and Innovations in The Knowledge Management, 4/2018

The digital tax at the crossroads between economics and politics

Download:desislava-krusteva-cio-magazine-digital-taxation-11-2019.pdf (PDF, 3.20 mb)

Author:Desislava Krusteva

Subject:ICT Law. Privacy and Data Protection

Published at:CIO magazin

Edition:#11

Author: Maria Dinkova

Comments: Desislava Krusteva

*This publication is in Bulgarian.

A GLOBAL ROADMAP TO PERSONAL DATA PROTECTION, Asia Pacific, Europe & USA, Second Edition

Subject:ICT Law. Privacy and Data Protection

Published at:Meritas®

DPC is pleased to be the contributor for Bulgaria in this Second Edition of “A Global Roadmap to Personal Data Protection” put together by Meritas' law firms worldwide. Desislava Krusteva, Partner and Head of IT & Data Protection practice at DPC, highlights recent privacy developments in the country on page 74-75.

Hristo Nihrizov's comments on the recent developments of the Telecom market in Bulgaria

Download:hristo-nihrizov-iconomist-magazine-ed-45-15-21-nov-2019.pdf (PDF, 591.96 kb)

Author:Hristo Nihrizov

Subject:Telecommunications Law. Media Law

Published at:Iconomist magazine

Edition:45

*This publication is in Bulgarian.

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)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:e-magazine "Taxes TITA"

Edition:ed. 121/2019

*This publication is in Bulgarian.

The State should work for the creation of knowledge among citizens how to communicate with institutions online

Author:Prof. Dr. George Dimitrov

Subject:ICT Law. Privacy and Data Protection

Published at:Legal World

*The interview is in Bulgarian

CPC has the right to doubt, but it must investigate carefully

Author:Zoya Todorova

Subject:Corporate Law. Mergers & Acquisitions

Published at:Iconomist magazine

Edition:Edition 42/2019

Zoya Todorova comments the decision of the Bulgarian Commission for Protection of Competition to carry out an in-depth study of the proposed acquisition of CEZ' business in Bulgaria by Eurohold in the context of the EU guidance and practice regarding non-horizontal mergers

* The interview 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)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:Collection “KNOWLEDGE SOCIETY AND 21ST CENTURY HUMANISM”, 1 Nov 2019

BG/EN

EU's Data Privacy Reg Still Has Arbitration Attys Confused

Download:law360-eus-data-privacy-reg-has-arbitration-attys-confused-caroline-simson-martin-zahariev.pdf (PDF, 289.30 kb)

Subject:ICT Law. Privacy and Data Protection

Published at:Law360, NY, USA

Edition:www.law360.com

Author: Caroline Simson

Comments: Martin Zahariev

Before the machines became smarter

Download:economist-magazine-ed-35-before-the-machines-became-smarter-6-12-09-2019.pdf (PDF, 2.18 mb)

Subject:ICT Law. Privacy and Data Protection

Published at:Iconomist magazine

Edition:Edition 35

Author: Emil Petrov

Comments: Martin Zahariev

*This publication is in Bulgarian.

GDPR Issues in Commercial Arbitration and How to Mitigate Them

Author:Martin Zahariev, PhD

Subject:Dispute resolution

Published at:Kluwer Arbitration Blog

Study on the enforcement of State aid rules and decisions by national courts. Country report Bulgaria

Download:bulgaria-study-on-the-enforcement-of-state-aide-rules-and-decisions-of-national-courts-spark-dpc.pdf (PDF, 379.83 kb)

Subject:Competition Law

Data Protection in Commercial Arbitration: In the Light of GDPR

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:LAP LAMBERT Academic Publishing

Staff Recruitment and Data Protection

Download:m-zahariev-recruitment-and-personal-data-protection-trud-i-pravo-july-2019.pdf (PDF, 6.39 mb)

Author:Martin Zahariev, PhD

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

FIDIC Claims and Dispute Resolution

Download:b-milcheva-fidic-claims-and-dispute-resolution-sobstvenost-i-pravo-july-2019.pdf (PDF, 2.30 mb)

Author:Boyana Milcheva

Subject:Real Estate Law. Construction Law

Published at:http://www.epi.bg/

Edition:Ownership and Law Digest, 2019, b.7

*This publication is in Bulgarian

What You Should Know About the New Contract Forms of FIDIC

Download:boyana-milcheva-epi-2019-2.pdf (PDF, 216.02 kb)

Author:Boyana Milcheva

Subject:Real Estate Law. Construction Law

Published at:http://www.epi.bg/

Edition:Ownership and Law Digest, 2019, b.2

*This publication is in Bulgarian

Legal and practical challenges to e-commerce related to meeting the requirements for recording and reporting sales and the management softwares

Download:ordinance-no-h-18.pdf (PDF, 2.34 mb)

Author:Desislava Krusteva

Subject:Tax Law

Published at:TITA

Edition:ed. 118

*This publication is in Bulgarian

"Nation to hack"

Download:iconomist-article-re-nra-leakage-emil-petrov-martin-zahariev.pdf (PDF, 5.05 mb)

Subject:ICT Law. Privacy and Data Protection

Published at:Iconomist magazine

Edition:29th edition

Author: Emil Petrov

Comments: Martin Zahariev

*This publication is in Bulgarian.

Bulgarian Chapter - The Legal 500: Data Protection & Cyber Security Country Comparative Guide

Download:bulgarian-chapter-data-protection.pdf (PDF, 189.58 kb)

Authors:Desislava Krusteva, Svilena Rakshieva

Subject:ICT Law. Privacy and Data Protection

Published at:The In-House Lawyer Magazine

Meritas - Employment, Benefits & Immigration Law Group Brochure

Download:meritas-brochure-bulgaria.pdf (PDF, 2.50 mb)

Subject:Employment and Social Security Law

Edition:Meritas

Local expertise, international service
150+ Experienced EBI Lawyers
50+ Locations
25+ Law Firms
Meritas Employment, Benefits and Immigration (EBI) Group is an integrated network of over 150 employment lawyers from 25 leading commercial law firms in 50 markets across Europe & the Middle East. As independent law firms, the members of the group advise private individuals, companies and public institutions in their local market on a wide range of people related legal issues. Among the employment lawyers is also Ms Zoya Todorova - your local contact in Bulgaria!  
 

Desislava Krusteva comments on the regulations on personal data and fiscal devices in Ordinance № N-18

Subject:ICT Law. Privacy and Data Protection

Published at:"CIO" magazine, 4th edition, April 2019

Author: Maria Dimcheva

Comments: Desislava Krusteva

*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)

Author:Martin Zahariev, PhD

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)

Author:Martin Zahariev, PhD

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  "

Preparation for take-off. The concession procedure of Sofia Airport attracted strong bidders however the choice should not be limited to the price only

Subject:Public Procurement

Published at:iconomist.bg

Edition:issue 16

Author: Emil Petrov

Commented by: Hristo Nihrizov

*This article is in Bulgarian

Internet Trap

Download:economist-magazine-14th-ed-5-11-04-2019.pdf (PDF, 4.26 mb)

Subject:ICT Law & IPR Law

Published at:The Economist

Edition:14th Edition

Author: Emil Petrov

Comments: Martin Zahariev

* This article is in Bulgarian

 

Amendments in Bulgarian Personal Data Protection Legislation - Key Changes

Download:martin-zahariev-amendments-in-bulgarian-personal-data-protecion-legislation-key-changes.pdf (PDF, 3.05 mb)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:tita.bg

Edition:127

Data Protection in Bulgaria. Overview

Author:Desislava Krusteva

Subject:ICT Law. Privacy and Data Protection

Published at:Thomson Reuters | Data Privacy Advisor

Edition:Thomson Reuters

Monitoring of Employees in the Workplace

Authors:Desislava Krusteva, Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:Meritas

Edition:European & Middle East Guide

Enforceability of Rental and Lease Contracts in Public Sale of Real Estates

Download:enforceability-of-rental-and-lease-contracts-in-public-sale-of-real-estates.pdf (PDF, 226.26 kb)

Author:Pencho Stanchev

Subject:Real Estate Law. Construction Law

Published at:Дайджест "Собственост и право", 2018 г., кн. 11, стр. 37

* This publication is in Bulgarian.

Discussion: New Requirements of tax legislation for e-shops

Download:ordinance-n-18-e-shop-martin-zahariev-07-12-2018.pdf (PDF, 3.44 mb)

Author:Martin Zahariev, PhD

Subject:Tax Law

Published at:TiTA

Edition:TiTA

* This publication is in Bulgarian.

How to register and protect copyrights, patents, trade and service marks in Bulgaria

Author:Bilyana Angelova

Subject:Intellectual Property Law

Published at:Thomson Reuters Westlaw

Edition:World Intellectual Property Rights and Remedies, Release 2018-3

This publication has been realized in collaboration with the Center for International Legal Studies – a non-profit law research, training, and teaching institute the essential purpose of which is to promote and disseminate knowledge among members of the international legal community, with many initiatives addressed to the young lawyers.

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)

Authors:Metodi Baykushev, Martin Zahariev, PhD

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)

Author:Martin Zahariev, PhD

Published at:TITA

Edition:TITA

* This publication is in Bulgarian.

Are there any mandatory data protection measures under GDPR?

Download:desislava-krusteva-gdpr-23-05-2018.pdf (PDF, 1.03 mb)

Author:Desislava Krusteva

Subject:ICT Law. Privacy and Data Protection

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)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:TITA

Edition:TITA

* This publication is in Bulgarian.

Achieving GDPR Compliance – a Step-by-Step Guide

Download:desislava-krusteva-article-gdpr-tita-07-05-2018.pdf (PDF, 4.12 mb)

Author:Desislava Krusteva

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)

Authors:Zoya Todorova, Martin Zahariev, PhD

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)

Author:Martin Zahariev, PhD

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)

Author:Martin Zahariev, PhD

Subject:ICT Law. Privacy and Data Protection

Published at:TITA

Edition:TITA

* The publication is in Bulgarian.

«12345»

Subscribe for our E-DigestClose