On October 23, 2020, a draft of Law on the provision of digital content and digital services and on the sale of goods was proposed for public discussion. The draft introduces the requirements of Directive (EU) 2019/770 and Directive (EU) 2019/771, which should be transposed into Bulgarian legislation by July 1, 2021.
The draft regulates the requirements for contracts for the provision of digital content and digital services concluded between traders and consumers, in particular, the requirements for the conformity of digital content or digital service, the means of protection of consumers in case of non-provision or non-compliance of digital content or digital service, the terms and conditions for the use of these remedies, as well as the terms and conditions for modifying the digital content or digital service. In addition, the draft regulates the requirements for the sale of goods concluded between traders and consumers, in particular, the requirements for the conformity of goods, consumer remedies in case of non-compliance, the terms and conditions for the use of these remedies, and trade guarantees. The aim is to ensure the protection of the economic interests of consumers in the provision of digital content and digital services and in the sale of goods to consumers. It is important to note that the rights granted to consumers by the Law on the provision of digital content and services and the sale of goods cannot be restricted. Any stipulation by which their rights are excluded or limited in advance is invalid. Furthermore, any clause in a contract which states that the law of another country which is not a member of the European Union is applicable and which, to the detriment of the consumer, excludes the application of the provisions of the Law on the provision of digital content and services and the sale of goods or the law of a Member State of the European Union, deviates from them or modifies them before the consumer notifies the trader of the non-provision or non-conformity of the digital content or digital service or before the trader notifies the consumer of the change of digital content or digital service, or before the consumer notifies the seller of the non-conformity of the goods is not binding on the consumer.