Bulgarian ECA
Electronic Commerce Act, Article 4a; Electronic Communications Act
Key Facts
Effective Date
June 23, 2006
Enacted
June 23, 2006
Enforcing Authority
CPDP (Commission for Personal Data Protection)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Bulgaria
Overview
Bulgaria transposes the ePrivacy Directive through two separate laws: the Electronic Commerce Act (Article 4a) and the Electronic Communications Act. This dual-law approach creates some implementation complexity, with CPDP guidelines used to fill legislative gaps.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on Bulgarian visitors
- Users must be provided with clear information about cookie purposes
- The strictly necessary exemption applies to essential cookies only
- National cookie penalties are modest (BGN 5,000) but GDPR fines can apply for personal data breaches
Key Requirements
The CPDP (Commission for Personal Data Protection) enforces both cookie and GDPR requirements. The 2009 ePrivacy amendment was not fully transposed for many years, with CPDP guidelines filling gaps. National-level penalties are capped at BGN 5,000 (approximately EUR 2,500), but GDPR penalties of up to EUR 20 million or 4% of global turnover apply when personal data processing is involved.
How ConsentStack Handles This
ConsentStack detects Bulgarian visitors and presents an opt-in consent banner that satisfies both national cookie law requirements and GDPR standards. Non-essential scripts are blocked until the visitor provides explicit consent.
Penalties
Up to BGN 5,000 (approx. EUR 2,500) under national law. GDPR penalties also apply (up to EUR 20 million / 4% global turnover)
Maximum Fine
BGN5,000 per violation
Key Requirements
- Prior informed consent before placing non-essential cookies
- Users must be informed about purposes of cookie use
- Clear and comprehensive information in accordance with data protection rules
- Strictly necessary exemption for essential cookies
- Consent must meet GDPR standards since 2018
Notable Provisions
- Dual-law transposition creates implementation complexity
- CPDP guidelines fill gaps left by incomplete transposition
- National cookie penalties are low but GDPR fines can apply
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
Does Bulgaria require cookie consent?
Yes. Bulgaria requires opt-in consent before placing non-essential cookies, transposed through the Electronic Commerce Act and Electronic Communications Act.
What are the cookie penalties in Bulgaria?
National cookie fines are capped at BGN 5,000 (approximately EUR 2,500). However, GDPR penalties of up to EUR 20 million or 4% of global turnover can also apply.
Who enforces cookie laws in Bulgaria?
The CPDP (Commission for Personal Data Protection) enforces both cookie and GDPR requirements in Bulgaria. ConsentStack helps you comply automatically.
Stay compliant with Bulgarian ECA
ConsentStack helps you implement Opt-in consent for Bulgaria automatically.