As a European Union (EU) Member State, Bulgaria is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.
Overview
In Bulgaria, electronic signatures are widely accepted by businesses and are commonly used by foreign companies with a presence in Bulgaria. The use of certificate-based digital signatures, such as advanced and qualified electronic signatures, are also becoming more common in employment relationships – one of the most conservative spheres in Bulgarian law.
Next to the eIDAS Regulation, key laws in Bulgaria that regulate the use of electronic signatures include:
- The Bulgarian Electronic Document and Electronic Certification Services Act (EDECSA) on the application of electronic signatures
- The Bulgarian Electronic Identification Act on electronic signatures in the sphere of public services
- The Bulgarian Electronic Governance Act on the storage of information and provision of public electronic services
Bulgarian laws do not impose additional requirements for valid electronic signatures outside those defined in the eIDAS Regulation. Qualified electronic signatures (QES) are by default considered equivalent to handwritten signatures. And, as per article 13 of the EDECSA, non-qualified simple or advanced electronic signatures (AES) may also be considered equivalent to a handwritten signature if the parties to the respective agreement have agreed so in advance.
Additionally, article 18a of the EDECSA stipulates that a holder of an electronic signature cannot challenge their signature on a document in the event the document has been signed by a third person, who has been granted access to the electronic signature. This provision does not apply if the electronic signature holder has notified the respective document recipient of potential unauthorized access to the holder’s signature prior to signing. Thus, holders of electronic signatures are obliged to monitor and notify issuers and third parties in case of any unauthorized access.
EU Member States have the obligation to establish, maintain and publish trusted lists of Qualified Trust Service Providers (QTSPs) and the qualified trust services provided by them. A QTSP certified in any EU Member State will be recognized as a QTSP by all other Member States. Accordingly, no EU Member State may question the qualified status once a QTSP has been added to the trusted list by the supervisory authority of another Member State. The list of QTSP providers for Bulgaria is available at https://crc.bg/bg/rubriki/560/elektronni-udostoveritelni-uslugi.
Special Considerations
Aside from storage requirements for electronic identity certificates), there are no general restrictions in Bulgarian law that would prohibit the storage and processing of electronic signature data outside of Bulgaria. However, the Bulgarian Personal Data Protection Act and the EU General Data Protection Regulation (GDPR) are applicable in Bulgaria.
Transacting with public sector entities
Bulgarian citizens and foreigners who have obtained a personal identification number may obtain an electronic identity certificate from the state authorities. Some government entities also issue “sector-specific” electronic identity certificates which can be used before public bodies in the respective sector. The Bulgarian electronic identity certificate was introduced as part of a larger effort to develop a national electronic identification scheme (which is currently inactive due to postponement). The Bulgarian electronic identity certificate contains personal identification data in an official format which can be used to authenticate with public authorities (Bulgarian eID). Under this scheme, the Bulgarian electronic identity certificate is designed to serve as a primary form of electronic identification under Bulgarian law. Currently, when accessing public services (e.g. submitting documents to the local company register), a QES or an AdES backed by a Bulgarian electronic identity certificate must be used.
Use cases that generally require a traditional signature
In Bulgaria, documents that require notarization or processes that include participation of a notary public generally require the use of a traditional handwritten signature.
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