New rules for Bulgarian internet providers: Will they really help block illegal content or cause monitoring challenges?

Internet service providers operating in Bulgaria are facing an expanding set of legal obligations for restricting access to illegal online content. While the bill amending the Bulgarian Electronic Communications Act (ECA), which implements the EU’s Digital Services Act (DSA), remains under parliamentary review, several targeted content-blocking measures have already been adopted or proposed for adoption this summer.

General obligation to restrict illegal content

Under Article 9 of the DSA, internet service providers are required to act when receiving an order from a competent judicial or administrative authority. Such orders mandate the restriction or removal of illegal content, which under local legislation may include:

•  Unlicensed gambling platforms;
• Terrorist propaganda or instructional content;
• Pornographic material, particularly involving minors;
• Unauthorised crypto-asset services; 
• Investment services offered without proper authorisation;
• Copyright-infringing content.

Trade mark infringing digital interfaces may soon fall within the scope of illegal content specifically addressed under local legislation.

The obligation to act is triggered upon receipt of a valid order that meets the criteria set forth in the DSA. These criteria include a clear legal basis, identification of the issuing authority, a reasoned explanation of illegality, precise location of the content (e.g. URL) and information regarding redress mechanisms and territorial scope.

Where applicable, failure to comply with such orders may result in administrative fines of up to 6% of the provider’s annual global turnover for the preceding financial year.

The Communications Regulation Commission (CRC) serves as the designated Digital Services Coordinator in Bulgaria. It is responsible for overseeing compliance with the DSA and coordinating enforcement actions across the sector.

Specific Content Blocking Obligations

Gambling websites

Pursuant to the Bulgarian Gambling Act, internet services providers must block access to gambling websites that lack a valid licence issued by Bulgarian authorities. The National Revenue Agency (NRA) maintains a publicly accessible blacklist of such websites, which is updated regularly based on judicial decisions.

Providers are required to block access to any listed website within 24 hours of its publication.

Terrorist content

Internet service providers must suspend access to websites that incite terrorism or disseminate information on how to commit terrorist acts. Orders are issued by the Chairperson of the Sofia City Court or their authorised deputy, upon request from the Minister of the Interior or the Chairman of the State Agency for National Security. According to the applicable legislation, these orders must be published on the websites of the issuing authorities. Providers must monitor these sources and act immediately upon publication to suspend access.

Content harmful to minors

Pornographic content, particularly content involving minors, is illegal under Bulgarian law. Internet service providers must restrict access to this content upon receipt of a valid order under Article 9 of the DSA. The Directorate-General for Combating Organised Crime, part of the Ministry of the Interior, is the specialised body responsible for investigating such offences. The Directorate-General for Combating Organised Crime investigates crimes committed through or in relation to computer networks and systems. This includes crimes against the sexual integrity of individuals, particularly minors, committed through information or communication technology.

Crypto-asset services

In accordance with Regulation (EU) 2023/1114 (MiCAR) and the newly adopted Bulgarian Markets in Crypto-Assets Law, the Financial Supervision Commission (FSC) may issue resolutions requiring internet service providers to block (i.e. remove or restrict) access to websites or applications that violate the crypto-asset regulation.

Orders must comply with the DSA and include all required elements.

Unauthorised investment services

The FSC identifies websites offering unauthorised investment services, which the FSC lists and updates regularly on its website. Upon the FSC's request, a court may order all internet service providers to block access to a listed website. The court order is then published on the FSC website, and internet service providers must block access to the websites within 24 hours of publication. 

Additional national content blocking measures are expected for copyright-infringing content and trade mark infringing content.

The Ministry of Culture has prepared a draft amendment to the Bulgarian Copyright and Neighbouring Rights Act, which is expected to strengthen anti-piracy measures, improve efficiency and better align with electronic communications regulations. The amendment should be released for public consultation shortly.

A draft amendment to the Bulgarian Trade Marks and Geographical Indications Act is currently being coordinated in the Council of Ministers. The draft stipulates that, at the request of the rights holder, the court can issue an order to block illegal digital content that infringes trade mark rights. This order will then be published on the Bulgarian Patent Office's website, and internet service providers will be required to block the online interface (i.e. website or application). Once enacted, internet service providers will be required to monitor the Patent Office’s website and block access to infringing content.

The implementation of the DSA and related national legislation imposes strict obligations to block illegal content across a wide range of categories and websites. Compliance now requires continuous monitoring of multiple official sources for updated lists and court orders. Non-compliance carries financial and reputational risks.

Greater coordination and clarity in national legislation would help in streamlining enforcement. The legal framework would benefit from better coordination. In the meanwhile, to meet these increasing regulatory expectations, providers must ensure monitoring and timely execution of blocking orders.

For more information on how Bulgaria’s new regulatory framework could impact your business, contact you CMS client partner or these CMS experts: Anna Tanova, Counsel and Andrea Andreev, Associate.