CMS Guide to changes to EU Product Liability Directive in Bulgaria

The main piece of legislation regarding product liability in Bulgaria can be found in the Bulgarian Consumer Protection Act. Further, the legal framework with respect to contracts for the supply of digital content and digital services, sale of goods, reclamation process, warranties, consumers' disputes can be found in the Act on the Supply of Digital Content and Digital Services and the Sale of Goods.  

There are no recently implemented changes in either the Consumer Protection Act or the Act on the Supply of Digital Content and Digital Services and the Sale of Goods. 

N/A

Currently, there are no aspects of the directive that are subject to varied interpretation or pose particular legal challenges in Bulgaria. One reason for this is the current political turmoil and uncertainty associated with the Bulgarian Parliament. 

There are no changes in the law with respect to digital products and services. The Act on the Supply of Digital Content and Digital Services and the Sale of Goods entered into force on 1 January 2022 and remains unchanged. 

As mentioned above, there are no updates in Bulgarian law with respect to product liability. Generally, the current regimes prescribes that the requirements for contract conformity into objective and subjective ones. Consumers will be able to opt out of objective requirements for conformity only if they are aware of the deviation in advance. To some degree, this raises the standards of conformity for the contract. Categorizing requirements will make it easier to resolve any follow-up disputes.

In case of non-conformity by the trader, consumers will have the right to require digital content or services to be in conformity. After an attempt is made, consumers may request a price reduction or the immediate termination of the contract. In addition, the Act on the Supply of Digital Content and Digital Services and the Sale of Goods includes articles on the procedure of consumer complaints in line with the Consumer Protection Cooperation Regulation (EU) 2017/2394.

Further, the burden of proof regarding the conformity of goods, digital content or service lies with the trader. This is another point where consumer protection is prioritized in the new set of rules. However, this rule only applies for two years from the supply of the digital content or service.

As the Bulgarian legislature has not yet considered amending the legal regime, governing product liability, below, I will summary some of the impacts that I expect to materialize once the directive is transposed in Bulgarian law:

• Compatibility of software with the directive / future law;
• Development of disclosure mechanisms, including compliance with data protection laws;
• Analysis of whether a particular product can be deemed defective;
• Analysis of potential damage incurred;
• Analysis of "state if the art" defence.

Please refer to the question above. 

Not yet. 

Most big companies offer an extended warranty or a service agreement by virtue of which they prolong the warranty offered to consumers in addition to the standard warranty.