The Bulgarian Parliament adopted an Act on the Supply of Digital Content and Digital Services and on the Sale of Goods
On 19.03.2021 in the Bulgarian State Gazette was promulgated the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods, introducing in the Bulgarian legislation the requirements of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services and Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC. Since the act introduces changes in the regime for the protection of consumers, including the exercise of rights to reclamation with regard to lack of conformity of goods outside of digital content and digital services, it will enter into effect on 01.01.2022.
With this act two groups of social relations are regulated – on one hand, the rights of consumers with regard to concluded contracts for supply of digital content and digital services, and on the other – the rights of consumers in case sale of goods. The indicated legislative matter is removed with this act from the scope of the Consumer Protection Act, where remains the regulation of delivery of goods, as well as a number of other issues such as unfair commercial practices.
With regard to the contracts for supply of digital content and digital services the new act introduces regulation on the matter of lack of conformity, including due to incompatibility with the operating system of the consumer’s device and due to incomplete installation instructions. Limitations are provided for the subsequent change to the digital content or digital services, if the seller has taken up the obligation to provide the latter for a specified term.
With regard to the sale of goods, in the new act are reiterated the requirements, with some updates, of the Consumer Protection Act with regard to the requirements for conformity of goods with the contract and commercial guarantees. The rules of the Consumer Protection Act on compensation of damages are not reiterated – whereas it should be assumed, that these provisions shall apply also for cases within the scope of the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods. This is an example for some of the problems arising as a result from the separation of the legislation on consumer protection in different legislative acts – whereas this might require additional legislative changes, to clarify the arising questions.