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The Bulgarian DPA started implementing on a regular basis new detailed and resource-intensive procedures in case of data breach notifications. These involve complex questionnaires exceeding the scope of the breach and closer to full audit of the data processing activities of the controller and extensive requests for provision of documents and information within short deadlines.
On 1 February 2023, the Code of Conduct on Measures to Assess, Label and Restrict Access to Programmes which are Harmful or Pose a Risk to Affect Adversely the Physical, Mental, Moral and/or Social Development of Children – the Code) entered into force. The Code was adopted by CEM pursuant to Decision No. RD-05-7 dated 12 January 2023. The Code has been prepared jointly by the Council for Electronic Media – CEM and the Association of Bulgarian Radio and Television Broadcasters (ABBRO), the Bulgarian National Television (BNT) and the Bulgarian National Radio (BNR) in accordance with the Radio and Television Act.
By resolution dated 15 December 2022 the Bulgarian Supreme Court of Cassation opened interpretative case No. 3/2022 concerning the interpretation of certain questions regarding compensation for copyright infringements which cause confusion and disagreement between the lower courts and practitioners. The case was opened upon a request of the Bulgarian Supreme Bar Council and will be decided by the General Assembly of the Civil and Commercial Chambers of the SCC. *This publication is also available in German and French.
The Council for Electronic Media convened a roundtable on gambling commercial communications in media services and video sharing platform services which took place on 13 December 2022. The roots of the discussions can be traced back to August 2022 when a Memorandum for Cooperation was signed between CEM and the National Revenue Agency – NRA). The reason behind the debate was the aggressive campaigns of gambling advertising which increased, especially with the broadcast of the World Cup. The latter provoked the submission of petitions by the National Children’s Network and the Parents Association to various authorities insisting on a complete ban on gambling advertising and changes to the Bulgarian Gambling Act and the Bulgarian Criminal Code. According to the members of both organizations, gambling advertising poses a serious threat to children, and media content in the field of gambling should be regulated.
On 22 November 2022, the caretaker government in Bulgaria submitted the draft Bill for amendment and supplement to the Copyright and Neighbouring Rights Act to Parliament for adoption. The Bill would transpose the EU directives concerning copyright, namely: 1) Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes; and 2) Directive 2019/790 on copyright and related rights in the Digital Single Market.
If the processing of personal data by the private sector is a relatively well-researched matter, the analyses dedicated to the peculiarities of the processing of personal data by the judiciary are much more limited in scope. This is the main reason for the preparation of this report, which aims to highlight some key peculiarities in the processing of personal data by the judiciary and to systematize the relevant practice of the supervisory authorities in Bulgaria in the field of personal data protection – the Commission for Personal Data Protection and the Inspectorate to the Supreme Judicial Council.