Answer ... (a)(b) Telecommunications and internet access services
The main principle is that Bulgarian and EU-based legal entities can provide telecommunications services in Bulgaria. The legislation is somewhat vague as to whether non-EU entities are eligible; and although non-EU entities are entered in the Communications Regulation Commission register of notified providers, this practice is debatable.
Specific restrictions exist for participation (direct or indirect) of offshore entities and entities controlled by such in relation to the procedures for obtaining permission for scarce resources (eg, numbers, spectrum).
Offshore entities (or entities controlled by such) are also restricted from holding, directly or indirectly, more than 10% of the shares in providers that have permissions for scarce resources.
Other requirements which may restrict an entity from obtaining permission may apply in relation to the registration or permission regimes – for example:
- pending insolvency proceedings;
- a prohibition on performing commercial activities; or
- the existence of public liabilities to the state.
(c) Media (linear and non-linear media services)
The main principle is that local, EU or European Economic Area entities are eligible to register as television/radio operators and the country of origin principle applies as a general rule (with exceptions).
It is generally prohibited for offshore entities (or entities controlled directly or indirectly by them) to obtain a licence or a shareholding of more than 10% in a legal entity which has applied for or been granted a television or radio programme licence under the Radio and Television Act (RTA).
The following persons, among others, are also considered ineligible to apply for a licence:
- entities which have been denied the issuance of an insurance business authorisation or whose insurance business authorisation has been withdrawn, or partners or shareholders holding a participating interest in such entities;
- entities which are unable to provide evidence of the ownership of the property or capital thereof;
- entities which, in the five years preceding the application for a licence, were adjudicated bankrupt or which are subject to pending bankruptcy or liquidation proceedings; and
- entities whose application for a licensed broadcasting activity of the same kind was refused or whose licence was withdrawn in the year preceding the application for a licence.
(d) Social media and digital platforms
There are no specific national laws or regulations dealing with social media in Bulgaria; hence, there are no special requirements or restrictions on foreign ownership of social media platform providers in Bulgaria.
Insofar as social media service providers and their activity may fall under the RTA, the Electronic Commerce Act, the Digital Content and Digital Services and Sale of Goods Act, the Digital Services Act, the Digital Market Act and the Digital Copyright Directive (2019/790), they must comply with the corresponding rules accordingly.
When it comes to video-sharing platform services under the jurisdiction of Bulgaria, providers are eligible if they are sole traders or legal entities. Video-sharing platform services under another jurisdiction can in theory direct their services to Bulgaria, but must comply with their country of origin rules (with some exceptions).
The remaining statutes impose no explicit territorial restrictions on the provision of services in the social media sector in Bulgaria.
The Electronic Commerce Act provides that the execution and initiation of activities under its purview (ie, information society services) will be governed by the law of the state in which the place of business of the service provider is located, if that is a member state of the European Union. This rule, however, conflicts with other sector-specific legislation and must be considered carefully prior to pursuing activities in Bulgaria.
The Digital Market Act and the Digital Services Act apply to users/recipients within the European Union, irrespective of where the providers of those corresponding services have their place of establishment.