Advertising & Marketing 2023 Comparisons

Local Laws

The main legislative act that governs advertising practices in Bulgaria is the Protection of Competition Act (PCA). The PCA prohibits misleading advertising and certain forms of comparative advertising. The provisions of the PCA are applicable to all kinds of commercial communication.

The Consumers Protection Act (CPA) prohibits unfair, misleading, or aggressive commercial practices addressing consumers, including with respect to advertising, and transposes, among others Directive (EU) 2019/2161 (the Omnibus Directive).

The Radio and Television Act (RTVA) regulates some aspects of TV and radio advertising, as well as advertising via video-sharing platforms domiciled in Bulgaria. Some aspects of online and digital advertising are regulated by the Electronic Commerce Act (ECA), while the Electronic Communications Act (ECommsA) sets out the rules governing direct marketing and advertising through electronic communications. Sector-specific advertising rules are provided for in relation to specific products/services (ie, tobacco products, spirit drinks, pharmaceuticals, gambling, lending, food, etc). 

EU Law

Bulgaria has been a member of the EU since 2007 and all pertinent EU laws, such as Regulation (EU) 2022/2065 (Digital Services Act or DSA), Regulation (EC) 2016/679 (General Data Protection Regulation or GDPR), Regulation (EU) 2019/1150, etc, are directly applicable in the country.

Self-Regulation

The National Ethical Standards for Advertising and Commercial Communication (the “Code”) lays down standards for ethical conduct in the advertising industry. The Code is adopted by the National Council for Self-regulation (NCSR), which is a non-profit organisation of representatives of different branches of the advertising industry. The Code is not a statutory act, but according to the RTVA, TV and radio operators, as well as video-sharing platforms, are required to observe the provisions of the Code and to comply with the decisions of the Ethical Committee of the NCSR. For all other communication channels, compliance with the Code and the decisions of the Ethical Committee is voluntary.

Print media are not subject to specific statutory regulations, but they have to comply with the general rules of the PCA and the CPA.

Sector-specific self-regulation is also applicable, including but not limited to pharmaceutical industry players.

The Commission on Protection of Competition (CPC) is the state authority that is authorised to monitor compliance with the PCA and to enforce competition rules in cases of misleading advertising and prohibited comparative advertising.

The Council for Electronic Media (CEM) has the power to exercise control to ensure compliance of TV and radio advertising with the provisions of the RTVA.

The Commission for Consumer Protection (CCP) supervises the proper application of the CPA with regards to unfair, misleading and aggressive trading practices, including cases where such practices constitute an ad, as well as compliance of online and digital advertising with the requirements of the ECA.

All of the above authorities are entitled to investigate ex officio or at the request of interested parties alleged infringements of the applicable laws and, in case a violation is established, to impose a pecuniary sanction and order discontinuation of the infringements. Their penalty decisions are subject to appeal before the Bulgarian courts of law of all instances. Bulgarian law does not provide for criminal prosecution of infringements of the advertising regulations. However, where infringement of other rights constitutes a crime and such infringement has been committed through an advertisement (by way of example – cases involving infringement of IP rights), the offending party might be subject to criminal liability.

Monetary Sanctions

Any undertaking – ie, any individual or legal entity engaged in economic activity, which, in the capacity of an advertiser, has carried out misleading or prohibited comparative advertising could be sanctioned with a fine of up to 10% of its total Bulgarian turnover for the financial year preceding the year when the decision imposing the sanction is delivered. An advertising agency, if such is involved in the creation of the advertisement found to be misleading or otherwise prohibited, is also liable and may be sanctioned. Where a violation is established, the CPC will order suspension of the ad.

Announcement of the Decision

In addition, when an ad is proclaimed as misleading or prohibited comparative advertisement, regardless of the imposition of a fine, the CPC is entitled to order the advertiser and/or the advertising agency to make known to the public, at their own expense and in a suitable way, the administrative act establishing the violation, as well as the new amended advertisement.

Different laws provide several definitions of “advertising” depending on the communication channel used or the industry of the advertised product/service. However, the most comprehensive definition that is replicated to a great extent in the other statutes governing the subject matter, is the definition provided by the PCA, which defines advertising as “communication in any form related to a trade, business, craft or profession that aims to promote the realisation of goods or services, including of real estate, rights and obligations”.

General Rule

As a general rule, no pre-approvals from a state authority are required to run an ad. Every advertiser and advertising agency should self-assess in advance their ads for compliance with the applicable laws. However, there is an exception to this rule concerning advertising materials of medicinal products, which should be pre-approved by the Bulgarian Drug Agency (BDA).

Medicinal Products

Pursuant to the Law on the Medicinal Products in Human Medicine (LMPHM), medicinal products that are not subject to medical prescription can be advertised to the general public subject to prior review and authorisation of the advertising materials by the BDA. Advertising medicinal products to healthcare professionals (such as medical doctors, dentists, etc), does not require prior regulatory approval but is still subject to a notification to the BDA. Prescription medicinal products and medicinal products containing narcotic substances cannot be advertised to the general public, with the exception of vaccination advertising campaigns that comply with the special requirements of the LMPHM and are approved by the BDA.

The usage of Intellectual Property (IP) and individual’s name, picture, voice, or likeness (Personal Data) is regulated in different sector-specific acts, as outlined below.

IP Rights in Competition

Article 35 of the PCA generally sanctions unlawful competition behaviour directed towards intellectual property rights and sets out the following prohibitions:

• the offering of goods or services whose appearance, packaging, labelling, name or other characteristics are or might be misleading as to the origin, producer, seller, manner and place of production, source and manner of acquisition or of use, quantity, quality, nature, usability features and other essential characteristics of the goods or services;
• the usage of a company logo, trademark or geographic designation identical or similar to those of other entities in a manner that might harm competitors’ interests; and
• the usage of a domain name or appearance of a website identical or similar to that of other entities in a manner that might be misleading and/or harm competitors’ interests.

IP Rights in General

Article 13(1) and (2), item 5 of the Marks and Geographical Indications Act (MGIA) explicitly state that the mark proprietor has the right to forbid usage of the mark by any third parties in any advertising materials. Please refer to 3.1 Specific Rules or Restrictions and 3.2 Competitor Copyrights and Trade Marks regarding the exception regarding comparative advertising.

To exercise the above right, the mark proprietor and the exclusive licensee thereof have the right to bring actions to:

• ascertain the fact of the infringement;
• request discontinuation of the infringing activity;
• seek compensation for damages; and/or
• seize and destroy the materials used to commit the infringement.

Personal Data

The use of personal data in advertising is permissible under specific conditions outlined in Article 6(1) of Regulation (EU) 2016/679. Particularly relevant are instances where data processing occurs on the basis of (i) the data subject’s consent; and (ii) the performance of a contract to which the data subject is a counterparty. 

Article 25(3) of the Bulgarian Act on Personal Data Protection (APDP) states that for the purposes of creating a photographic or audiovisual work by means of capturing the image of a person in the course of the public activity thereof or in a public place, use of personal data is always permissible.

Please refer to 6.5 Marketing to Children for more specific information regarding the consent of data subjects under the age of 14.

Please refer to 10.1 Regulated Products and 10.3 Other Products for more information regarding the restrictions on the participation of data subjects under the age of 18.

National Council for Self-Regulation

The self-regulatory authority that monitors advertising practices in Bulgaria is the NCSR. The NCSR is a member of the European Advertising Standards Alliance and is the most influential self-regulatory organisation in the Bulgarian media sector. Most of the advertising and media agencies, together with some of the major advertisers in Bulgaria, are NCSR members.

The main objective of the NCSR is to maintain professional standards in the field of advertising and commercial communication through the implementation of the Code.

Any individual or legal entity, or a state authority can file a complaint to the NCRS against an advertiser and/or an advertising agency with respect to an ad whose content infringes the Code (eg, the ad is misleading, offensive, not suitable for children, etc). The NCSR can also act on its own initiative.

The decisions of the Ethical Committee of the NCSR are mandatory for the members of the NCSR, but serve merely as recommendations for third parties. However, by virtue of a specific provision in the RTVA, TV and radio operators are obliged to comply with the decisions of the Ethical Committee of the NCSR.

Remedies Under the Protection of Competition Act (PCA)

Under the PCA, only competitors of the advertiser are entitled to file an official complaint to the CPC if they believe that an ad is misleading or constitutes prohibited comparative advertisement. In this case, the CPC opens an investigation, which, if infringement of the PCA is established, can result in the imposition of a fine on the advertiser of up to 10% of its turnover, and eventually – on the advertising agency. In all cases where a violation is established, the CPC shall order the suspension of the ad.     

Consumers do not have a private right of action to challenge an advertising practice. However, they can alert the CPC to an ad that in their view infringes the applicable legislation. In this case, the CPC has full discretion on whether to start administrative proceedings against the respective advertiser and whether to impose a sanction, and its refusal to initiate proceedings is not subject to judicial review.

Remedies Under the Consumer Protection Act (CPA)

Pursuant to the CPA, advertising is a form of commercial practice, which, if considered unfair is subject to a sanction by the CCP. A commercial practice shall be deemed unfair if it is contrary to the requirements for good faith and professional diligence, and if it materially distorts or is likely to materially distort the economic behaviour (with regard to the specific product) of the average consumer to whom it is addressed or whom it reaches. Proceedings before the CCP can be initiated following a claim or complaint to the CCP filed by a consumer, or on the initiative of the authority.

Where the CCP finds that a commercial practice in the form of an ad is unfair, the Chairman of the CCP shall issue an order prohibiting it. Where that order has become final because no appeal has been lodged within the statutory period, or the appeal against it has been withdrawn or upheld by the Supreme Administrative Court, each consumer affected by the application of that commercial practice has the right to terminate the contract with the trader concluded as a result of the unfair practice and to claim compensation in court. The consumer should be able to demonstrate the causal link between the practice (eg, the ad) and the damages suffered, as well as to prove their amount.

During the past 12 months, the CPC has continued with the practice of considering misleading any advertising message that is not backed by clear evidence that the claim is correct. However, concerning the confusing potential of advertising claims related to certain services, like telecommunication services, the authority has pulled back to a certain extent. In a recent decision (No 507 of 7 July 2022 EON), the CPC accepted that the average customer of telecommunication services is sufficiently informed and critical enough not to take advertising messages at face value. The CPC has explained that consumer choice in areas like telecommunication services is based on a general perception and evaluation of the terms and characteristics of a given service, where said perception is formed through cautious and thorough research on the available information and not on an advertisement alone.

It remains to be seen whether this less rigid approach shall extend to other economic sectors. In another fairly recent decision (No 505 of 20 May 2021 Bonex), the authority ruled that an advertising message “Get rid of the banks/Go Crypto” is misleading because it creates the impression that the services provided by a crypto exchange platform and the services provided by the banks are interchangeable. In that decision, the authority did not evaluate whether the users of the services of crypto exchange platforms were “sufficiently informed and critical enough not to take advertising messages at face value”, which obviously was the case. As such, it seems that the CPC continues to take a case-by-case approach. Time will tell whether services or products of high complexity will be granted any form of leniency concerning the potential for their advertisements to mislead. 

Since the provision of the information society services is regulated under the law of the EU Member State in which the service provider is established, and as long as the popular online platforms are not domiciled in Bulgaria, there have not been any noticeable enforcement initiatives of Bulgarian regulators towards the online platforms.

The DSA is expected to become the game changer in the regulation of digital advertising as soon as the Regulation becomes fully applicable in February 2024.     

There are no specific taste and cultural concerns in Bulgaria different from those in other Member States of the EU. А recent example of an ad that sparked negative public reaction is a provocative billboard advertising marijuana flavoured cookies, which was placed close to a school. The billboard was removed by the Sofia municipality.

There has been no notable impact on the regulation of advertising and/or enforcement of advertising regulations resulting from the political climate and political situation in Bulgaria in recent years.

Statutory Requirement

The PCA prohibits misleading advertisements. According to the law, an advertisement is considered misleading if it has the potential, in any manner including its presentation, to mislead its audience and thus distort their economic behaviour, thereby causing harm to competitors.

Standard of Proof

On the basis of this legal prohibition, the CPC has established an extensive body of decisional practice. It has clarified that in case an advertiser cannot prove that an advertising claim is true and correct and therefore may not mislead the consumers (even if there is just a potential for confusion), the advertisement is deemed misleading. The misleading potential of an advertisement is evaluated on a case-by-case basis from the point of view of a general representative of the relevant customer group. Generally, claims related to physical features, which are backed by laboratory analysis and/or obvious from the point of view of a general consumer, would be regarded as genuine. Claims related to subjective perceptions would also be upheld to the extent they are supported by representative customer surveys.

The CPC has clarified that, with the aim of avoiding confusion and misleading consumers, ads should use clear and unambiguous wording.

Essential Features of the Advertised Product/Service

As long as an advertising claim concerns essential features of a product/service, it must be sufficiently substantiated. In the absence of such substantiation, the authority accepts that such a claim has the potential to mislead consumers and to affect their market behaviour to the detriment of its competitors.

It should be mentioned that the CPC has accepted that claims amounting to obvious puffery, such as describing a mass-produced food item as “homemade”, cannot be regarded as misleading. In this specific case, the authority has ruled that because any prudent consumer is aware that mass-produced food products cannot be produced under “home” conditions or only using natural ingredients without any food additives or preservatives that are normally used in the food industry, such claim is exaggerated and thus, it is not possible to distort the economic behaviour of the consumers.

On the other hand, superlative claims like “the lowest price”, “the best price”, “the best product” are generally considered suspicious and, in almost every case when such claims were evaluated by CPC, the ruling was that the respective ad was misleading, because the advertiser was not able to provide sufficient evidence that they were entirely accurate.

Non-essential Features

If an advertising claim does not concern essential features of a product/service and is not capable of distorting consumer behaviour, no substantiation is required. However, this is decided on a case-by-case basis and, generally, there are no safe harbours on which advertisers can rely.

Generally, claims related to physical features, which are backed by laboratory analysis, would be regarded as genuine. Claims related to subjective perceptions would also be upheld to the extent they are supported by representative customer surveys. Superlative claims like “the lowest price”, “the best price”, etc, would be considered substantiated only if the advertiser manages to evidence by virtue of a market study that on the Bulgarian market there is no product at a lower or equal price as the advertised product.

There are no specific statutory rules regarding use of product demonstration and the latter is not prohibited or restricted in any way. However, any demonstration of a product should be made in a way that does not risk misleading the consumer with respect to the specifics and/or qualities of the real product offered on the market. 

There are no specific statutory rules applicable to endorsements and testimonials. Pursuant to CPC’s decisional practice, endorsements and testimonials cannot be deemed sufficient evidence that a specific advertising claim is correct and substantiated.

There are no specific statutory rules applicable to the use of disclosures in advertising. As a matter of practice, the use of disclosures in ads distributed in Bulgaria is common. The aim of such disclosures is to provide some additional information/clarification about specifics of the advertised product/service that are not obvious from the ad itself. Generally, the CPC accepts such disclosures as a mitigating factor as long as they provide, in a clear manner, information about specifics of the advertised product or service that are not obvious.

There are no specific statutory rules regarding representation and stereotypes in advertising. However, the Law on the Protection Against Discrimination (LPD) prohibits any direct or indirect discrimination of an individual based on gender, race, national origin, ethnicity, genetic characteristics, nationality, religion, education, political beliefs, personal or public status, age, disability, sexual orientation, marital status, or on any other personal characteristic. The LPD does not refer specifically to advertisement, or directly restrict advertising content based on how specific personal characteristics are addressed, but if advertising content demonstrates discriminatory treatment of an individual or of a group of individuals based on any of the above personal characteristics, such advertisement should be considered in violation of the LPD and thus prohibited.

Statutory Requirements

There are no specific Bulgarian statutory rules or guidance of the Bulgarian regulators with respect to “environmental claims”. Therefore, the general obligations apply, and any environmental claim should be correct and not mislead consumers about the important specifics of the advertised product or service. Given the rising importance of environmental awareness and sustainability in shaping consumer behaviour in Bulgaria, the general requirements for substantiating advertising claims apply with equal weight to environmental claims. Advertisers must be able to prove that any such claim is not only truthful and accurate, but also free from false information and unlikely to mislead consumers. The CPC and the competent courts take a case-by-case approach with respect to the substantiation of claims but generally claims related to physical features, if backed by laboratory analysis, scientific findings, etc, would be regarded as genuine.

Self-Regulatory Recommendations

The NCSR has issued a recommendation about environmental claims. Pursuant to this recommendation, commercial communication should not contain any statement or visual treatment likely to mislead consumers in any way about the environmental aspects or advantages of products, or about actions being taken by the marketer in favour of the environment. Also, environmental claim should be relevant to the particular product being promoted and to relate only to aspects that already exist or are likely to be realised during the product’s life. It should be clear to what the claim relates; eg, the product, a specific ingredient of the product, or its packaging or a specific ingredient of the packaging. A pre-existing but previously undisclosed aspect should not be presented as new. Environmental claims should be up to date and should, where appropriate, be reassessed with regard to relevant developments.

The current Bulgarian legislation lacks a codified regulation or guidance addressing “dark patterns” in advertising. Instead, the applicable statutory act shall be determined based on the specific situation. This could be the PCA, which outlines the general prohibition against unfair commercial practices, as well as the prohibition against misleading or aggressive practices. The PCA also deems default settings with pre-activated checkboxes related to extra payments as inadmissible, as stated in Article 22 of the Consumer Rights Directive. Further, “dark patterns” may also constitute a breach of the GDPR principles, including those outlined in Article 5 GDPR, which pertain to the requirements for consent to be freely given, specific, and informed, transparency requirements, and the principle of privacy by design.

The DSA introduces new groundbreaking legal rules regarding “dark patterns” and they shall be relevant in Bulgaria as soon as all provisions of the DSA become applicable in February 2024. Firstly, the DSA defines “dark patterns” with reference to the Recitals and Article 25(1) of the DSA, emphasising that the key criterion is the distortion or impairment of a user’s freedom of choice. Moreover, the DSA explicitly prohibits the use of such dark patterns. Online platform providers are obliged to refrain from designing, organising, or operating their online interfaces in ways that deceive, manipulate, or materially distort or impair users’ ability to make informed decisions freely. These prohibitions shall complement the existing regulations related to consumer protection and data protection. For instance, Article 25(2) of the DSA stipulates that the Unfair Commercial Practices Directive and the GDPR take precedence over the DSA.

Statutory Requirements

Any commercial communication should be designed to mitigate any risk to the physical, mental, and/or social development of children. Also, commercial communication should not directly persuade children to purchase an advertised product or service or encourage children to request or persuade their parents to purchase an advertised product or service, nor exploit the trust children place in their parents, teachers or other persons. Lastly, advertising should not depict children in dangerous situations. 

Requirements Applicable to Media Service Providers and Operators of Video-Sharing Platforms

Providers of media services and operators of video-sharing platforms should limit the exposure of children to advertisements for foods and beverages that contain excessively high levels of fats, trans fats, salt, and sugar. This is achieved through special rules governing the placement of such ads in programmes intended for children. 

Code of Conduct Adopted by CEM

In 2023, CEM adopted a Code of Conduct on Measures to Assess, Flag, and Restrict Access to Programmes that are harmful or pose a risk of harm to the physical, mental, moral and (or) social development of children (the “Code of Conduct”) regulating child safety in electronic media and video-sharing platform services. The Code of Conduct is mandatory for all media service providers and video-sharing platforms to which the RTVA is applicable. The Code of Conduct bans the personal data of minors collected or otherwise created by media service providers/video-sharing platforms from being processed for commercial purposes such as direct marketing, profiling and behavioural advertising.

New Regulations in the DSA

The protection of minors is a key objective of the DSA. The latter requires that the online platform providers that are accessible to minors shall implement effective measures aimed at guaranteeing a high level of privacy, safety, and security for these young users of their services. The new rules include a prohibition on targeted advertising to minors. Specifically, it is not permissible to engage in targeted advertising directed at minors if it relies on profiling using the personal data of users of their services, provided that the platform is aware with reasonable certainty that the recipient of the service is a minor.

Sponsorship

The RTVA prohibits “hidden commercial communication” (defined as “any type of TV or radio broadcasting that with words, sound, images of goods, services, trade mark or of any kind of activity of a producer of goods or of a service provider aims to promote the goods, services or image of the said individual or legal entity and which due to the absence of clear indication might mislead the audience about the advertising nature of the respective TV/radio programme”). On the other hand, the RTVA allows sponsorship as long as the following requirements are duly complied with:

• the content or the programme schedule are not influenced in any way by the sponsor in such a way as to affect the independence of the editorial responsibility of the respective media;
• nothing in the respective programme directly encourages the purchase or leasing of a product or service, in particular by mentioning the respective product or services in the programme;
• the viewers are clearly and in advance informed about the sponsorship of the respective programme; and
• the sponsor is clearly identified by indication of its name, logo, trade mark, etc, at the beginning; at the end; or during the programme.

The rules governing the prohibition against hidden commercial communication are respectively applicable to video-sharing platforms. There are no special rules with respect to sponsorship on other advertising channels.

Product Placement

Product placement on TV and radio programmes is allowed, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children’s programmes. However, in order to be lawful, product placement should comply with the following requirements:

• viewers should be clearly informed of the existence of product placement during a programme; the indication that a programme contains product placement should be provided at the start and at the end of the programme, and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer;
• the content and scheduling of programmes that contain product placement should not compromise the editorial independence and responsibility of the audio-visual service operator;
• the programme should not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; and
• the programme should not give undue prominence to the product in question.

Product placement of (i) cigarettes and other tobacco products, as well as electronic cigarettes and refill containers; (ii) products originating from undertakings whose principal activity is the manufacture or sale of tobacco or related products; and (iii) medicinal products that are available only on prescription or medical treatments, is strictly prohibited. 

There are no special rules with respect to product placement on other advertising channels.

Geographic Indications

The use of geographic indications, including in advertising claims is allowed in cases where the respective geographical indication is either not granted legal protection through registration with the Patent Office of  the Republic of Bulgaria or, if registration is in place, the registered user has the right to use it for the products for which the indication has been registered. Any commercial use of the geographical indication for products that are similar to those for which it is registered in so far as the reputation of the registered geographical indication is exploited, is prohibited. Other use that may mislead or confuse the consumers as to the source, origin, nature or essential qualities of the goods in advertising material or papers concerning the goods, is also prohibited.

With respect to geographic indications that are not registered, the CPC has held that an ad which creates the impression that a product originates from a specific country/region that is famous for its production of such products, could be considered a misleading advertisement if the product does not come from that country/region. The CPC’s reasoning was that, when a customer perceives that a product is produced in such country/region, they would expect that the product is of better quality because of the traditions in the manufacturing process that exist in that country/region. The CPC takes the view that creating a false impression about the origin of the product in this way makes the advertisement misleading.

Free Product/Services

Advertising the provision of free products is allowed, as long as the respective trader is actually providing the respective products for no consideration and there are no hidden fees. If a product/service is offered for free, but the invoice/sale receipt indicates that it has its own price (even though the price is negligible), the CPC could conclude that this is a case of misleading advertising.

Comparative advertising in Bulgaria is not prohibited per se, but it has to provide a fair and objective comparison between similar goods or services and must comply with several requirements provided in the PCA.

The PCA defines comparative advertising as “a form of commercial communication, which directly or indirectly identifies a competitor or the goods or services offered by a competitor”. In case an ad meets the above criteria, it has to satisfy the following positive and negative requirements.

Positive Requirements

The ad must:

• compare goods/services meeting the same needs or intended for the same purpose;
• for goods with designation of origin, it must relate in each case to goods with the same designation; and
• compare in an objective manner one or more features of the relevant goods/services, which are substantial, comparable and representative for these goods/services (such as prices, durability, etc).

Negative Requirements

The ad must:

• not be misleading – ie, not create confusion in consumers in respect of essential features of the products/services subject to comparison (such as their availability on the market, type, composition, mode of production, method of use, origin, suitability for use, price and delivery terms, etc);
• not employ misleading, aggressive or otherwise unfair commercial practice under the definition of the CPA;
• not create confusion among traders (eg, between the advertiser and competitors);
• not create confusion between the trade marks, trade names, other distinguishing marks or goods/services of the advertiser and those of competitors;
• not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or situation of the competitors;
• not take unfair advantage of the reputation of the trade mark, trade name or other distinguishing marks of the competitors or of the designation of origin of competing goods; and
• must not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name.

Comparative advertisement in Bulgaria is not generally prohibited. In its practice, the CPC states that the comparative advertisement has many advantages for the efficient functioning of the market, therefore the latter is permissible, provided it complies with the positive and negative requirements identified in 3.1 Specific Rules or Restrictions.

Notwithstanding the above, any use of the name of a competitor or a competitor’s trade mark or a competitor’s packaging or any other copyright object could potentially lead to discrediting competitors’ trade marks, brand names and copyright and therefore be regarded as falling within the scope of prohibited comparative advertising.

Competitors are entitled to file an official complaint before the CPC if they believe that the claim made by a competitor is anyhow misleading or constitutes prohibited comparative advertisement. Please refer to 1.3 Liability for Deceptive Advertising and 1.8 Private Right of Action for Consumers for more information regarding the procedure and the applicable sanctions that could be imposed in the event of a violation.

Bulgarian law does not establish specific rules regarding ambush marketing. However, advertisers must ensure that any advertising campaign is clear, unambiguous, and truthful, and should not mislead consumers in any way. As such, an ambush marketing campaign that deviates from these rules could be deemed unfair commercial practice.

Advertising online and via social media must comply with the specific requirements of the ECA. More specifically, any commercial communication published online must:

• be clearly identifiable as such;
• clearly identify the advertiser;
• clearly and unambiguously define the conditions that must be met to qualify for promotional offers, such as discounts, premiums and gifts, where available;
• ensure easy access to clear and unambiguous conditions for participation in competitions and games with awards, if it contains such information; and
• contain the information required by other statutes.

In addition, online and digital advertising of the business of people exercising regulated professions has to comply with the applicable professional rules and codes of ethics for the respective regulated profession.

The DSA significantly transforms the requirements applicable to online platforms (including social media) and the rules set out therein are directly applicable in Bulgaria. The ban on dark patterns (see 2.9 Dark Patterns), as well as advertising and influencer transparency requirements (see 4.3 Disclosure Requirements), are of relevance to social media operators established in the EU (including Bulgaria) as well as outside the EU when they offer their services in the single market (including Bulgaria).

Apart from this, all general advertising regulations also apply to advertising online and on social media.

In view of the forthcoming full-scope applicability of the DSA, it is worth mentioning that where the advertiser can be qualified as a hosting service provider (HSP) within the meaning of Article 3(g) of the DSA, it shall not be held liable for the information stored and transmitted on its website by the recipients of its services if the advertiser:

• does not have actual knowledge that the content is illegal; or
• upon obtaining such knowledge, acts expeditiously to remove or disable access to the illegal content.

The above limitation of liability shall not be precluded simply because the HSP carries out in good faith voluntary own-initiative investigations against illegal content.

However, to exclude the liability of an HSP, the role it plays in the transfer of information must be purely automatic, passive, and neutral (Papasavvas, ECLI:EU:C:2014:2209, para. 41). This condition is unlikely to be met with regards to the advertiser’s social media page, which is moderated by the advertiser, or a webpage whose content is monitored and controlled by the latter.

Therefore, advertisers will normally bear responsibility for third-party content posted on their own social media page and a webpage whose content they control.

There are no special rules governing online disclosures and disclosures in social media. Each advertiser must make sure that disclosures are included in a way that guarantees that the ad is clear, unambiguous, truthful, and not misleading.

Additional rules are provided in the DSA. The latter shall apply to digital advertising and shall work in conjunction with existing regulations like the GDPR, which already establishes rules regarding user consent and the right to object to targeted digital marketing, among others. The DSA introduces two notable restrictions pertaining to targeted advertising on online platforms. Firstly, it prohibits the use of profiling for targeted advertising aimed at minors. Secondly, it forbids targeted advertising based on profiling that relies on special categories of personal data, such as sexual orientation or religious beliefs. These new regulations aim to empower users by providing them with better insights into the advertisements they encounter. Users shall receive clear information about why they are being targeted by each ad, who funded the ad, and whether the content is sponsored or generated organically on a platform, while larger platforms must maintain a public ad repository. Additionally, users shall be made aware when influencers are promoting commercial messages.

Bulgarian legislation contains a conflict-of-law rule, according to which the law of the place of establishment of the hosting service provider (such as a social media platform), if this is an EU Member-State, regulates the activities of that service provider. Major social media platforms are domiciled in another EU Member State and do not fall under the jurisdiction of Bulgaria.

We are not familiar with social media platforms that are not permitted for use in Bulgaria.

Bulgarian law does not introduce special rules with respect to “native advertising”. Where content, which has the look and feel of editorial or entertainment content, is in fact an ad, all requirements applicable to advertising will apply. 

Statutory Requirements

There are no specific statutory rules related to influencer marketing via social media.

However, in cases where the CPC was requested to analyse advertising content distributed by influencers, the authority has applied a formalistic approach and has accepted that to the extent content distributed by an influencer aims to promote the brand, products, or services of a specific trader, this should be considered an advertisement and such content should comply with the general rules applicable to advertisements, in particular not to be misleading. 

Self-Regulation

The NCSR has adopted a specific recommendation addressing advertising through influencers. The main requirement of this recommendation is that any publication of an influencer that aims to popularise the product or service of a specific trader, should be clearly recognisable as such, regardless of its form or the communication channel used. Thus, influencers should indicate such publications by using the hashtag sign #, followed by the name of the brand/the advertiser and a clarification about the relations between the advertiser and the influencer, such as #аd #sponsored, #free samples, #in partnership with, etc.

There are no statutory rules dealing specifically with content posted by influencers; however, on one occasion the CPC ruled that an advertiser should be held liable for content uploaded by an influencer because the respective trader might have obtained unfair benefit from two video vlogs of a famous Bulgarian vlogger that were posted on his YouTube channel. In this investigation, it was found that the respective trader had not commissioned, nor requested in any other way, the influencer to create the content and make advertising claims (and this was the main reason why this decision of the CPC was overturned by the courts).

Despite the lack of intention or control over the influencer on behalf of the advertiser, the CPC still held that the trader committed an act of unfair competition because it was aware of the respective content, its impact, and the potential to attract new clients to the trader resulting from the influencer’s statements, and it did not expressly and publicly disavow the influencer’s actions and claims, particularly those that could positively affect their product.   

Despite the fact that the decision of the authority was overturned, it demonstrates the approach of the authority to influencer content. It is clear that where there is a formal arrangement between an advertiser and an influencer, the advertiser will be held liable for content posted by the influencer.

The CPA is harmonised with the relevant EU legislation, namely the Omnibus Directive. Pursuant to the CPA, when a trader provides access to consumer reviews of products, the trader must clarify whether it guarantees that the published reviews originate from consumers who have actually used or purchased the product, and if so, how it ensures this. Also, the trader should inform the consumers about the way the reviews are processed, in particular, whether all reviews are published, whether they are positive or negative, and whether those reviews have been sponsored or influenced by a contractual relationship with a trader.

An advertiser cannot be held liable for consumer reviews. However, it can be held liable if it does not provide the information identified in 5.3 Consumer Reviews. If it cannot provide this information, a trader could face a fine of up to BGN50,000 (approximately EUR26,000).   

The ECommsA provides that email marketing can be exercised if there is a valid legal basis and if an option to opt out is provided to the email recipient. The valid legal basis can differ, depending on whether the contact details of the consumer have already been obtained in the context of the sale of a product or a service.

According to Article 261(1) of the ECommsA, direct marketing and advertising via calls, messages or email can only target consumers who have provided their prior consent, which can be withdrawn at any time.

On the other hand, per Article 261(2) of the ECommsA, where a natural or legal person obtains consumer data during the sale of a product or a service, it may use that data for marketing and advertising similar products or services. However, the consumer must be given an easy, free-of-charge option to opt out, both at the time of the original transaction and for any future communications. In such cases, when there is an already established relationship between the data subject and the data controller (for example, if the data subject has already become a customer of the latter), the legal basis for the data processing can be both prior consent and legitimate interest. However, whether legitimate interest can be relied on will depend on the outcome of the balancing test that follows and the adoption of appropriate safeguards, including the ability to opt out of such processing, as noted in Part III.3.1 of Opinion 06/2014 of the Article 29 Working Party (currently, the European Data Protection Board) on the notion of legitimate interests of the data controller.

In any case, even where the above requirements are met, sending communications for marketing and advertising purposes is prohibited if:

• the party sending such communications cannot be identified;
• there is no valid address included for recipients to opt out of future communications;

• the communication does not satisfy the requirements under Article 5(3), p. 1-4 of the ECA (see 4.1 Special Rules Applicable to Social Media); or

• the communication encourages recipients to visit websites which do not satisfy the requirements under Article 5(3), p. 1-4 of the ECA (see 4.1 Special Rules Applicable to Social Media).

Failure to comply with these requirements may result in a fine of up to BGN10,000 (approximately EUR5,200).

The ECommsA refers not only to email but also to calls and messages for direct marketing and advertising. Consequently, telemarketing shall also be based on the prior consent of consumers, withdrawable at any time. If contact data has been obtained from the client/consumer following the sale of a product or service, telemarketing is allowed based on the legitimate interest of the data controller, provided that an option to opt out is provided to the recipient. The liability for failing to comply with these telemarketing provisions aligns with that for non-compliant email marketing activities.

Pursuant to the ECommsA, the requirements and liability outlined in 6.1 Email Marketing and 6.2 Telemarketing apply to text messaging as well.

According to the GDPR, any processing of personal data shall be based on a valid legal ground. If personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing. Further to Article 21 of the GDPR, “where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purpose.”

Based on the above, web cookies that facilitate targeted and interest-based advertising must be compliant with certain GDPR rules so that they are legitimately used as a tool for gathering personal data. According to Guidance of the European Data Protection Board on Cookie Banners, web non-essential cookies shall operate only on the basis of the consent of the user, which shall be easily withdrawable by the latter. In this respect, pre-ticked boxes are not allowed, as in such case the consent is not made by a clear affirmative action, “establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her”, as required under the GDPR (see Recital 32). Further, it is required that the cookie banner includes a reject button when an accept button is present. All in all, advertisers that use targeting cookies to target users with advertisements violate the GDPR if the user’s valid prior consent has not been obtained.

Any company that fails to comply with GDPR requirements regarding the obtaining of valid consent could face administrative fines of up to EUR20,000,000, or in the case of a group undertaking, up to 4% of the total worldwide annual turnover of the corporate group for the preceding financial year, whichever is higher.

Special rules apply to the collection and use of minors’ personal information based on consent, including when direct information society services are offered. Under the Bulgarian Act on Personal Data Protection, the processing of personal data of minors below 14 years of age conducted on the basis of consent is lawful only if the consent is given by the parent or the legal guardian of the data subject. For infringements of this rule, the controller or processor may be subject to a fine in the amounts referred to in Article 83(4) of the GDPR, which is up to EUR10,000,000, or in the case of a group undertaking, up to 2% of the total worldwide annual turnover of the corporate group for the preceding financial year, whichever is higher.

It is important to note that, apart from the obligation to process personal data on a valid legal basis, the GDPR further requires that data controllers observe all other data protection principles and related legal obligations implementing such principles, such as ensuring transparency, purpose limitation, data minimisation, integrity and confidentiality of the personal data processing.

Under Bulgarian law, goods can be offered as a prize in promotional games based on chance or as a reward for solving puzzles, answering questions or riddles or collecting a series of coupons, only where the value of the prize is not considerably higher than the price of the products/services the purchase of which grants entry to the game. According to guidance issued by the CPC, the value of the prize “considerably exceeds” the price of the products/services where it is more than 100 times higher than the price of the main product/service the purchase of which grants entry to the game. In all cases, this value must not exceed the sum of 15 minimum wages (BGN11,700 or approximately EUR5,850 as of September 2023). The value used for reference is the market value of the prize and not the actual sum for which it has been acquired by the trader. 

Where the sweepstake or contest is not linked to a purchase, the above requirements regarding the maximum value of the prizes shall not apply.

The requirement regarding the maximum value of the prizes applies equally to games of skill and games of chance. “Games of skill” are not defined conclusively by the law but there is a provision that provides for examples of such games – ie, solving puzzles, answering questions or riddles, etc. Therefore, any type of game requiring certain skill or knowledge to win a prize, and which is linked with a purchase, is governed by the above rules.   

Games of skill or chance do not need to be registered or approved by any regulatory body unless they qualify as gambling – ie, a game of chance involving wagering a bet, which is subject to licensing and other special requirements.

Under Bulgarian law, giving away a product or service for free or at a nominal cost as an add-on to a primary purchase is generally prohibited, with certain exceptions, as outlined below.

• branded promotional items with an insignificant value – ie, up to 10% of the price of the main product/service;
• accessories – ie, products or services, which according to established commercial practice are used together with the main product or service (the main product and the accessory must be functionally connected, such as a free glass offered with the purchase of an alcoholic beverage;
• volume rebates – ie, the offering of free products of the same kind with the purchase of a larger quantity of a product; in such case, the free products must be of the same kind as the main ones, while the term “large quantities” is interpreted on a case-by-case basis but essentially refers to quantities that are not typical for a one-time purchase (in any case the purchase of one item does not justify the provision of a second one for free under this exemption).

Reduced-price offers of the type “Buy two or more and get a discount” or “Buy one, get the second at 50% off”, are permitted, as long as the conditions of the discount are presented in a clear, unambiguous and non-misleading manner.

Pursuant to the CPA, a fixed-term agreement may not be automatically renewed for a new fixed-term period without the explicit consent of the consumer. Additionally, both parties must agree on the terms under which the contract will be extended. If a fixed-term contract expires and the trader continues to deliver and charge for goods or services, the contract is considered to have transformed into an open-ended agreement. Under such circumstances, the consumer has the right to terminate the contract at any time by providing a one-month notice, without incurring any penalties. Any contract between a trader and a consumer that contradicts the above is considered void.   

As of now, Bulgaria lacks a dedicated legal framework to regulate artificial intelligence (AI). In 2020, the Bulgarian Government (the Council of Ministers) adopted a Concept for Development of Artificial Intelligence in Bulgaria Until 2030. According to this concept, national regulation will follow the establishment of an EU-wide framework.  It is explicitly stated that the goal of the national regulation in AI will be to achieve an optimal balance between the business environment and guaranteeing citizens’ rights and society’s welfare.

On the other hand, AI is increasingly used in advertising for various purposes, including content generation and algorithmic targeting and profiling. These applications do raise significant concerns related to privacy, data protection, discrimination, and protection of IP rights. Lacking specific legal rules governing the use of AI, those concerns may only be addressed through the combination of the existing regulations such as enforcing the rules of the GDPR (privacy and data protection), DSA (transparency and accountability), PCA (to deal with AI-generated content such as fake reviews or misleading advertisement) and general non-infringement rules stemming from IP laws.

Please see 8.1 AI & Advertising Content.

Please see 8.1 AI & Advertising Content.

As of now, Bulgaria lacks a dedicated legal framework to regulate cryptocurrency and/or NFTs. However, the provisions of Regulation (EU) 2023/1114 (MiCA) are directly applicable in Bulgaria.

To protect the interests of the potential holders of crypto-assets, MiCA requires that the information contained in any relevant marketing communications, including advertising messages and promotional materials distributed through emerging channels like social media platforms, must be fair, clear, and not misleading. Furthermore, the advertising messages and promotional materials must align with the content presented in the crypto-asset white paper (Recital 24, MiCA).

There have been a few cases where advertisement related to cryptocurrencies was subject to review in the courts. For example, in 2022, the Bulgarian Supreme Administrative Court assessed an advertisement of a Bulgarian cryptocurrency exchange platform that was critical of traditional financial institutions and portrayed the Bulgarian National Bank (the Bulgarian banking regulatory authority) as antagonistic to cryptocurrencies. The court’s assessment focused on whether the advertisement was misleading (CPC No 505 of 20 May 2021 Bonex; see also 1.9 Regulatory and Legal Trends).

As of now, Bulgaria lacks a dedicated legal framework to regulate advertising within the metaverse.

The specific rules regulating the advertisement restrictions regarding regulated products are spread through several sector-specific legislative acts, as outlined below.

Food

Article 22 of the Food Act (FA) generally prohibits advertisement involving children as performers as far as concerns (i) genetically modified foods, (ii) foods statutorily restricted for consumption by children and (iii) foods that are not conducive to a healthy diet according to the statutory framework (especially those with high levels of fats, trans fats, salt, and sugar). Article 131(1), item 2 of the FA also sets out sanctions for food advertising that makes nutritional and health claims not included in a list under Article 13 or 14 of Regulation (EC) No 1924/2006.

Additionally, the use of information that would mislead the consumer, in particular with regard to the characteristics of the food, its effects or properties, or that attributes medicinal properties to the food is also banned.

The Criteria for Evaluating Content that is Unfavourable or Creates a Danger of Harming the Physical, Mental, Moral and/or Social Development of Children, adopted by the CEM, bans the inclusion of children in adverts that encourage unhealthy dietary restrictions, which could negatively affect their health or induce harmful behaviours.

Alcoholic Beverages (AB)

Article 55 of the Health Act (HA) generally prohibits direct advertising of alcoholic beverages containing at least 15% ethyl alcohol. The restrictions for advertising of such alcoholic beverages and advertising of wine and beer are as follows:

• The advertising must not be aimed at individuals under 18 years of age.
• Such advertising should not appear in programmes geared towards an audience under 18.
• Persons under 18 should not participate in these adverts.
• Advertising should not link alcoholic beverages to sporting prowess, physical achievements, or driving.
• False claims concerning health benefits, social or sexual well-being, or the denigration of moderation or abstinence are not permitted.
• Spirits cannot be advertised on radio or television before 22:00.

Direct advertising shall mean advertising using the spirits themselves or an action related to their consumption, production and distribution, while indirect advertising shall mean any use of the name or brand of a spirit, as well as the company or brand of a producer of spirit on products and goods that are not alcoholic beverages.

Article 88 of the RTVA supplements existing provisions by imposing additional restrictions on spirit advertisements. Such adverts must not:

• depict children consuming these beverages;
• claim therapeutic, stimulant, or sedative properties, or present them as a solution to personal conflicts;
• encourage excessive consumption of spirits;
• cast abstinence or moderation in a negative light; or
• highlight high alcoholic content as a positive quality.

Tobacco or Related Products (TRP)

Article 35 of the Tobacco, Tobacco and Related Products Act (TTRPA) generally prohibits advertising of TRPs, with specific exceptions:

• Advertising is permitted on the premises of enterprises where TRPs are produced, as well as at commercial outlets where they are available for sale.
• Use of a trade mark in advertising is allowed as long as it does not involve or specifically target individuals under 18 years old, either directly or through identifiable features that would primarily or solely appeal to this age group.
• Advertising is allowed at locations or events where entry for individuals under the age of 18 is prohibited.

Advertising of TRPs in radio and television broadcasts is generally prohibited.

Advertising of TRPs in the press and in other printed materials, as well as via information society services is permitted only for publications (i) intended exclusively for professionals in the field of trade in TRPs or are (ii) printed or published in a third state and not intended for the EU or European Economic Area market.

Medicinal Products (MP)

The LMPHM and Ordinance No 1 of 25 January 2012 on the Requirements for the Advertising of Medicinal Products generally prohibit:

• (i) advertising MPs not duly authorised under the LMPHM;
• (ii) using data and usage indications in advertising that differ from the official product characteristics;
• (iii) advertisements that exaggerate the treatment, prevention, or diagnostic capabilities of the MP;
• (iv) advertisements involving a medical specialist or a person claiming to be a medical specialist;
• (v) advertising prescription-only MPs;
• (vi) advertising MPs that contain narcotic substances;
• (vii) advertisements that suggest that using the MP negates the need for medical consultation or surgery (by making a diagnosis, offering treatment advice by mail, etc);
• (viii) advertisements claiming or implying guaranteed effects without adverse reactions, or superiority/equivalence to other treatments or MPs;
• (ix) advertisements that claim or suggest that health can be improved by the use of the MP;
• (x) advertisements that claim or suggest that the non-use of the MP may damage health;
• (xi) advertisements targeted exclusively or mainly at children;
• (xii) advertisements encouraging MP use through endorsements by popular scientists or medical specialists;
• (xiii) advertisements that imply that the MP is food, a cosmetic product or another good;
• (xiv) advertisements that suggest that the safety or efficacy of the MP is due to its natural origin;
• (xv) presenting the MP in a way that encourages self-diagnosis;
• (xvi) advertisements using misleading or threatening language to claim healing effects;
• (xvii) advertisements using misleading or threatening language to describe changes in the human body due to disease, injury, or the MP itself;
• (xviii) advertisements specifying diseases and symptoms such as: tuberculosis, sexually transmitted diseases, other serious infectious diseases, oncological diseases, chronic insomnia, diabetes and other metabolic and endocrine diseases;
• (xix) advertisements emphasising that the MP is authorised for use; and
• (xx) including direct distribution of samples in the advertising.

Any advertising material of MPs shall be preliminarily approved by the BDA. Please refer to 1.5 Pre-approvals for more information regarding the respective approval procedure.

Ordinance No 1 of 25 January 2012 on the Requirements for the Advertising of Medicinal Products additionally sets out mandatory content when advertising MPs:

• (i) the trade name of the MP, as well as its international non-proprietary name (INN);
• (ii) an explicit statement indicating that the item being advertised is a MP;
• (iii) information necessary for the correct use of the medicinal product;
• (iv) the age limit for using the medicinal product;
• (v) the warning “Read this leaflet carefully before use”;
• (vi) the expression “homeopathic medicinal product” when advertising a homeopathic medicinal product;
• (vii) reminders for revaccinations, where relevant; and
• (viii) the number and date of the advertising permit issued by the executive director of the BDA or the number and date of the application in case of non-explicit consent.

Additionally, the BDA may require that the composition of the combined medicinal products, as well as certain information related to the safety of the use of the medicinal product shall also be presented in the advertisement.

In case of video advertisements, the information referred to in (ii), (iv), (v) and (vi) above shall be written on a still frame with large legible letters in the form of static text. This text must be read by an announcer.

When the purpose of the advertisement is only to remind about an already known MP, the abovementioned content could be limited to trade name and INN.

Veterinary Medicinal Products (VMP)

Articles 327-329 of Veterinary Practices Act impose the following limitations on the advertising of VMPs:

• (i) Advertising of VMPs not authorised in Bulgaria is strictly prohibited.
• (ii) Advertising may only include therapeutic effects and indications approved during the issuance of marketing authorisation.
• (iii) Prescription-only VMPs may not be advertised to the general public.

The requirement under (iii) does not apply to advertisements aimed exclusively at veterinary specialists and sponsorship of scientific congresses. VPA advertisements shall be preliminary approved by the Bulgaria Food Safety Agency (BFSA).

Narcotic Substances and Plants (NSP)

Articles 70 and 71 of the Narcotic Substance and Precursor Control Act (NSPC) generally prohibit direct or indirect advertisement of such products.

Articles 83 and 84 of the RTVA regulate product placement within entertainment content. According to these provisions, it is not considered product placement if a product or service is included in a programme without payment, but merely to satisfy the programme’s requirements – such as costumes, props, prizes, locations, and the like. However, the value of these products or services should not exceed five times the average value of the commercial communications featured in the relevant programme.

Please refer to 2.11 Sponsor ID and Branded Content for more information regarding the specific restrictions.

Apart from the regulations already outlined in 10.1 Regulated Products, the following sector-specific regulations are also regulated on a national level.

Food Supplements (FS)

Article 15 of the Ordinance on Food Supplements generally prohibits advertisement of FSs which (i) claim prevention, treatment or cure of human disease and (ii) contain any text or suggestion that a balanced and varied diet cannot provide the necessary amounts of nutrients.

Cosmetic Products (CP)

Article 5 of the Ordinance No 14 of 2014 for Determining Detailed Rules for Presenting the Information under Article 19, Par. 4 of Regulation (EC) No 1223/2009 generally prohibits advertisement which suggests (i) 100% protection against UV radiation, such as: “blocks the sun's rays” or “full protection” and (ii) that the product does not need to be reapplied, such as: “24-hour protection” or “all-day protection”.

Additionally, the advertisement of CP shall contain (i) a disclaimer that the use of sunscreen products does not provide 100% protection, as well as advice on the precautions to be taken in addition to their use; (ii) instructions that assure the claimed effectiveness of the product and (iii) guidelines on the appropriate amount of product to apply to the skin.

Chemical Substances (CS)

Article 4 of the Law on Protection Against the Harmful Effects of Chemical Substances and Mixtures generally prohibits the advertisement of hazardous CS without their category being specified in the advertisement.

Gambling

Article 10(1) of the Gambling Act (GA) generally prohibits direct advertising of gambling games, including advertising of such games targeted at audiences under 18 years, as well as the sending of unsolicited electronic messages containing information about a gambling game. Legal entities advertising indirectly are also obliged to comply with the National Ethical Standards of Advertising and Commercial Communication.

Non-conventional Treatment Methods (NCTM)

Article 169 of the HA generally prohibits advertising of all NCTMs and their association with preventive, diagnostic, therapeutic and rehabilitation activities.

Medical Specialists and Medical Treatment Facilities (MSMTF)

Article 190(2) of the HA generally prohibits the commercial advertising of all MSMTFs.

Advocacy

Article 42(1) of the Advocacy Act (AA) generally prohibits any kind of advertising related to attorney services and other means to attract clients that contravene the provisions of the AA and the rules of attorney ethics.

The said provision was subject to additional review by the European Commission in 2020 due to a conflict with Article 24 of Directive 2006/123/EC. A Bill on the Act for Amendment and Supplement of the AA, which aims to resolve this conflict, is still pending.

Political Advertising

Article 191 of the Election Code explicitly states that commercial advertising shall not make political suggestions in favour of or to the detriment of one or another party, coalition or initiative committee.

Radio and Television Decoding Means

Article 97(5) of the Copyright and Related Rights Act generally prohibits advertising of decoding means that can provide unauthorised access to radio and television signals. Advertising of devices, products, components, or services that are advertised as a means of circumventing technical means of protection is also prohibited.

Mortgage Loans

According to Article 11 of the Consumer Real Estate Loans Act (CRELA), mortgage advertising shall be clear, understandable, and legible. It cannot contain false or misleading information, including but not limited to the loan costs. The information must be understandable and legible. If the advertisement contains a percentage or other number related to the loan costs, the information shall be indicated in the same size, format, and font. Mandatory information requirements also apply.

Plant Protection Products

Under the Plant Protection Act (PPA), advertisement campaigns regarding plant protection products shall be carried out in accordance with the authorisation for placement and use on the Bulgarian market and with the requirements set out in Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.