Publications
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
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)
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)
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)
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
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Download:antitrust-may-2020-covid19-matrix.pdf (PDF, 3.41 mb)
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
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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
World Intellectual Property Rights and Remedies, Chapter on Bulgaria
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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)
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
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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
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
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
The digital tax at the crossroads between economics and politics
Download:desislava-krusteva-cio-magazine-digital-taxation-11-2019.pdf (PDF, 3.20 mb)
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
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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)
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)
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
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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
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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)
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
GDPR Issues in Commercial Arbitration and How to Mitigate Them
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Subject:Dispute resolution
Published at:Kluwer Arbitration Blog
Study on the enforcement of State aid rules and decisions by national courts. Country report Bulgaria
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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
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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
FIDIC Claims and Dispute Resolution
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Download:b-milcheva-fidic-claims-and-dispute-resolution-sobstvenost-i-pravo-july-2019.pdf (PDF, 2.30 mb)
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
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Download:boyana-milcheva-epi-2019-2.pdf (PDF, 216.02 kb)
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
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Download:ordinance-no-h-18.pdf (PDF, 2.34 mb)
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
Bulgarian Chapter - The Legal 500: Data Protection & Cyber Security Country Comparative Guide
Download:bulgarian-chapter-data-protection.pdf (PDF, 189.58 kb)
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
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
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 "
Preparation for take-off. The concession procedure of Sofia Airport attracted strong bidders however the choice should not be limited to the price only
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Subject:Public Procurement
Published at:iconomist.bg
Edition:issue 16
Author: Emil Petrov
Commented by: Hristo Nihrizov
*This article is in Bulgarian
Internet Trap
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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
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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
Data Protection in Bulgaria. Overview
Subject:ICT Law. Privacy and Data Protection
Published at:Thomson Reuters | Data Privacy Advisor
Edition:Thomson Reuters
Monitoring of Employees in the Workplace
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
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Download:enforceability-of-rental-and-lease-contracts-in-public-sale-of-real-estates.pdf (PDF, 226.26 kb)
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
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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.
How to register and protect copyrights, patents, trade and service marks in Bulgaria
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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)
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.
Are there any mandatory data protection measures under GDPR?
Download:desislava-krusteva-gdpr-23-05-2018.pdf (PDF, 1.03 mb)
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)
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)
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.
