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On 7 January 2009 the Ministry of Internal Affairs and the State Agency for Information Technology and Communications adopted the Ordinance No 40 on Data Types and the Terms and Conditions for Retention and Dissemination of Data by the Enterprises Providing Public Electronic Networks and/or Services for the Purposes of National Security and Criminal Investigations (“the Ordinance”). The legal basis for this is Directive 2006/24/ЕC on data retention amending Article 251 of the Bulgarian Electronic Communications Act. Article 5 para. 1 of the Ordinance reads as follows: „For the purposes of criminal...

On 31 October 2008 a new Law on the Prevention and Disclosure of Conflict of Interests (Law) was promulgated in the State Gazette, issue No. 94. The new Act lays down the rules for the prevention and disclosure of conflict of interests of persons occupying public positions (see IRIS 2008-8: 6). According to Art. 2, para. 1 of this Law a conflict of interests arises when a person occupying a public position has any personal interest that may influence the impartial and objective performance of his powers and official obligations. Among the persons who will be affected by the Law are the members...

On 31 July 2008 the MTG Broadcasting AB (as buyer) and the Antenna Bulgaria (as seller) signed a preliminary sale purchase agreement for the acquisition of 100 % of the shares in Nova Television - First Private Channel. According to the preliminary sale purchase agreement the closing of the transaction can take place after all necessary licences, approvals and notifications have been duly performed. The Zakon za Radioto i Televiziata (Radio and Television Act, see IRIS 2002-2: 3) provides that the Council for Electronic Media shall approve any transfer of television licences. However, there is...

In its session of 1 October 2008, the Parliamentary Commission on Civil Society and Media discussed the Draft Law on Amendment and Supplementation of the Law on Electronic Communications as submitted by the Council of Ministers on 12 August 2008. The session was attended by representatives of the Communications Regulation Commission, the Council for Electronic Media, the State Commission on Information Technology and Communications, the Bulgarian Radio and Television Operators Association and the Electronic Communications Association. After discussing all relevant issues, the Parliamentary Commission...

On 6 October 2008 the Consumer Protection Commission banned the broadcasting of an advertisement, aired by TV operators in Bulgaria. The advertisement states that the only way to get high quality digital signal is to subscribe to the services offered by Bulsatkom (a Bulgarian HD operator). In the opinion of the Bulgarian Consumer Protection Commission such a statement contradicts Article 38, para 2, item 1, sentence 1 of the Law on Consumer Protection since high quality signal is also available through DVD.