The CJEU declared invalid the Commission Implementing Decision (EU) 2016/1250 of 12.07.2016 on the adequacy of the protection provided by the EU – U.S. Privacy Shield

The General Data Protection Regulation (GDPR) provides that the transfer of personal data to a third country may take place only if that third country ensures an adequate level of personal data protection. By decision in case C-311/18 of 16 July 2020, the Court of Justice of the European Union (CJEU) ruled in practice that the EU – U.S. Privacy Shield is not a suitable instrument for the transfer of personal data from the EU to the United States.
27 July 2020
Keep reading

THE BULGARIAN NATIONAL BANK APPROVED THE PRIVATE MORATORIUM RULES ON BANK LOANS

On April 10, 2020, the Managing Board of the Bulgarian National Bank approved the proposed by the Association of Banks in Bulgaria (ABB) draft of Rules for deferral and settlement of due obligations to banks and their subsidiaries - financial institutions in connection with the state of emergency declared by the National Assembly on March 13, 2020.
22 April 2020
Keep reading

Amendments in the Act on Measures and Actions during State of Emergency, proclaimed by Decision of the National Assembly of 13 March 2020

In the State Gazette, Copy 34 dated 09.04.2020, there was promulgated Act on amendment and supplement (AAS) of the Act on Measures and Actions during State of Emergency, proclaimed by Decision of the National Assembly of 13 March 2020, promulgated in the State Gazette, Copy 28 dated 24.03.2020 (referred below to as AMADSE or the Act).
09 April 2020
Keep reading

Conditions and procedure for payment of compensations to employers in order to keep the employment of the workers and employees in the state of emergency, proclaimed by Decision of the National Assembly dated 13 March 2020

Subject of the present statement and analysis shall be namely the conditions, criteria and procedure for applying and payment of compensations to employers, as provided for in Decree No. 55 of 30.03.2020 on determination of the conditions and procedure for payment of compensations to employers in order to keep the employment of workers and employees in the state of emergency, proclaimed by Decision of the National Assembly dated 13 March 2020
31 March 2020
Keep reading

LEGAL ASPECTS OF THE COVID-19 PANDEMIC WITH RESPECT TO EMPOYMENT

Questions and Answers (Q&A) Amended and supplemented version as of March 24th, 2020
24 March 2020
Keep reading

Legal Review of the Amendments in Employment and Social Security Legislation as a Result of the Adoption of the new Act on the Measures and Actions during the State of Emergency, Proclaimed by Decision of the National Assembly dated 13th March 2020

As a result of the state of emergency proclaimed throughout the Republic of Bulgaria for the period 13/03/2020 – 13/04/2020 by Decision of the National Assembly of the Republic of Bulgaria dated 13th March 2020, a new Act on the Measures and Actions during the State of Emergency, Proclaimed by Decision of the National Assembly dated 13th March 2020 (“the Act”) has been adopted and promulgated in the State Gazette, Copy 28 dated 24th March 2020.
24 March 2020
Keep reading

LEGAL ASPECTS OF THE COVID-19 PANDEMIC WITH RESPECT TO EMPOYMENT

Questions and Answers (Q&A)
20 March 2020
Keep reading

Emergency situation as a result of global pandemic COVID-19

In light of the situation occurred, because of the spread of COVID-19, we assure our clients and partners that “Dyulgerova and Penkova” Law Firm continue to provide legal services while remote working and remain available for its clients. We assure you that we impose the necessary measures in regard to data process security during the remote work. In view of the d...
13 March 2020
Keep reading

Results from National Risk Assessment under the Anti Money Laundering Act are published

On 9th January 2020 the results of the National risk assessment (NRA) of money laundering and terrorism financing were published on the official website of the State Agency for National Security.
04 February 2020
Keep reading

A NEW TRADE MARKS AND GEOGRAPHICAL INDICATIONS ACT

The new Trade Marks and Geographical Indications Act (TMGIA) was promulgated in State Gazette, Issue 98 from the 13th of December, 2019. The Act entered into force on December 16th 2019, and repealed the TMGIA which was applicable until that date. The new Act implements the requirements of Directive (EU) 2015/2436 of the European Parliament and the Council from 16th of December, 2015 to approximate the laws of Member States relating to trade marks.
19 December 2019
Keep reading

Dyulgerova & Penkova Law Firm advises a client on the acquisition of a golf complex

The team of Dyulgerova & Penkova Law Firm advised a client on the acquisition of а golf complex, located near the capital, consisting of a golf course, golf school, SPA center with a restaurant, shops, and hotel part, as well as facilities for other sports.   The acquisition was accomplished through in-kind contribution of real estate in the capital of two newly esta...
06 August 2019
Keep reading

Amendments in the Personal Data Protection Act

Amendments in the Personal Data Protection Act (“PDPA”) were promulgated in SG, issue No. 17 dated February 26, 2019, in regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95...
26 February 2019
Keep reading

LNA Winter Meeting in Berlin, 1 – 3 February 2019

The Legal Netlink Alliance (LNA) Europe Winter meeting was held in Berlin (1-3rd Feb 2019), where Victoria Penkova (Managing Partner) and Diana Mikova (Attorney-at-Law) represented Dyulgerova & Penkova Law Firm.
05 February 2019
Keep reading

Persons with Disabilities Act

Persons with Disabilities Act (PDA) was adopted and promulgated in SG, issue No. 105 dated December 18, 2018, in force as of January 1, 2019, by which the Integration of Persons with Disabilities Act was repealed.  The PDA settles the public relation related to the exercise of the rights of the persons with disabilities in the Republic of Bulgaria.  The PDA introduc...
14 January 2019
Keep reading

Amendments in the Commerce Act dated October 23, 2018

Amendments in the Commerce Act (“CA”) were promulgated in SG, issue 88 dated October 23, 2018, by which the requirements of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the E...
08 November 2018
Keep reading

Registration of the beneficial owner with the Commercial Register or the Register of Non-Profit Legal Persons

With the new Measures Against Money Laundering Act (“MAMLA”) promulgated in State Gazette, issue 27 dated March 27, 2018, the requirement of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No....
08 November 2018
Keep reading

The Law Firm Took Part in ICC and Dispute Resolution Board Foundation (DRBF) Regional Conference

Dyulgerova & Penkova Law Firm was represented by Bianca Veleva, Attorney-at-Law, at the ICC and Dispute Resolution Board Foundation (DRBF) Regional Conference: Practical Issues in Construction Dispute Resolution and Dispute Avoidance, which was held on September 27 and 28, 2018 in Sofia. The conference included lectures and seminars focused on the practical issues at the v...
03 October 2018
Keep reading

Law Firm’s Team Members are Representing a Foreign Contractor before the International Court of Arbitration at the International Chamber of Commerce in Paris

Victoria Penkova, Attorney-at-Law, and Bianca Veleva, Attorney-at-Law, from Dyulgerova and Penkova Law Firm, are representing a foreign contractor before the International Court of Arbitration at the International Chamber of Commerce in Paris, in international arbitration proceedings initiated by the contractor for debt recovery amounting to EUR 14 000 000, in relatio...
02 October 2018
Keep reading

New Measures Against Money Laundering Act and amendments in the Commerce Act

New Measures Against Money Laundering Act was promulgated in SG, issue No. 27 dated March 27, 2018, providing preventive measures against using the financial system for money laundering purposes, as well as organization and control over such measures. The persons for which the measures against money laundering are mandatory, shall adopt internal rules for control and preventio...
27 March 2018
Keep reading

Amendments in the Protection of Competition Act

Amendments in the PCA were promulgated in SG, issue No. 2 dated January 3rd, 2018, providing for detailed regulation of the compensation claims for damages caused as a result of violations under the PCA. New chapter fifteen “Tort Liability” has been adopted, as the current Art. 104 “Compensation Claims” has been repealed. All natural persons and legal...
06 March 2018
Keep reading

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) shall enter into force on 25 May 2018

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) shall enter into force on 25 May 2018. The Regulation provides several obligations for the Personal Data Administrator and for the Processors of Personal Data.
01 March 2018
Keep reading

Amendments in the Commerce Act

Amendments in the CA were promulgated in SG, issue 105 dated December 30th, 2016. The adopted amendments in the CA are in regard to the transfer of an enterprise and company’s shares of the capital of a limited liability company, which shall be performed with notary certification of the signatures and the content of the contract, performed simultaneously – Art. 15...
14 July 2017
Keep reading

The Law Firm Won a Case Regarding Prohibited Agreement/Concerted Practice for Supply of Airline Tickets (Cartel)

During the period 2014 - 2016 Dyulgerova & Penkova Law Firm represented a leading Bulgarian tourist company before the Supreme Administrative Court in a lawsuit initiated on the basis of an appeal against a decision of the Commission on Protection of Competition for imposition of property sanctions for violations of the Competition Protection Act in the form of a prohibited...
24 October 2016
Keep reading

Amendments in the Corporate Income Tax Act

Amendments in the CITA were promulgated in SG, issue 75 dated September 9th 2016. A new tax on the expenses for personal use, such as tax on expenses related with the operation of vehicles, used to perform management activity, was introduced. With the new tax the personal use of all assets, regardless if they are own assets or assets provided to the enterprise shall be subjec...
21 August 2016
Keep reading

Dyulgerova & Penkova Law Firm Took Part in the Preparation of Standard-Form Contracts for Construction and for Plant and Design Build under FIDIC Conditions of Contract

Dyulgerova & Penkova Law Firm, through the Managing Partner Victoria Penkova, took part in a working group organised by the Bulgarian Society of Construction Law for the preparation of standard-form contracts for construction and for plant and design build, based on the FIDIC Red and Yellow Books. The preparation of a standard-form Contract for Construction and Contract fo...
03 August 2016
Keep reading

Amendments in the Condominium Ownership Management Act

Amendments in the COMA were promulgated in SG, issue 26 dated April 1st 2016. New obligations of the owners of separate units were introduced, also, each owner shall provide an e-mail address and all documents, including invitations for convocation of General Meetings and the minutes of the held General Meetings shall be sent to the respective e-mail addresses. It was clarifi...
13 July 2016
Keep reading

Regulation (EU) No. 1191/2016 of the European Parliament and of the Council on Promoting the Free Movement of Citizens by Simplifying the Requirements for Presenting Certain Public Documents in the European Union and Amending Regulation

On July 6th, 2016 Regulation (EU) No. 1191/2016 of the European Parliament and of the Council on Promoting the Free Movement of Citizens by Simplifying the Requirements for Presenting Certain Public Documents in the European Union and Amending Regulation (EU) No. 1024/2012 /the Regulation/ was adopted. The Regulation provides a system for exemption from legalisation or similar...
04 July 2016
Keep reading

Amendments to the BULSTAT Register Act published in the State Gazette No. 8/29.01.2016, which will become effective on 1st of May 2016

The main changes are as follows: The file of each person/entity subject to registration in the BULSTAT Register will be in an electronic form. Applicants will be able to submit all documents in an electronic form using qualified electronic signature. All branches and divisions of the entities, which are not merchants, branches of foreign companies, as well as the divisions,...
24 April 2016
Keep reading

Independent Financial Audit Act has been adopted

Independent Financial Audit Act /”IFAA”/ was promulgated in SG, issue 95 dated November 29th 2016, which repeals the Independent Financial Audit Act, promulgated in SG, issue 101 dated November 11th 2001, effective January 1st 2002. IFAA regulates the objective, scope and the principles of the independent financial audit. Pursuant to Art. 7 of the IFAA the indepen...
14 February 2016
Keep reading

The Managing Partners of Dyulgerova & Penkova Law Firm included in the FIDIC Adjudicator BACEA National List

Dyulgerova & Penkova Law Firm is proud to announce that since October 2015 both managing partners of the Law Firm - Mrs. Victoria Penkova and Mrs. Lyubimka Dyulgerova, have been included in the FIDIC Adjudicator BACEA National List (www.bacea-bg.org). 
14 October 2015
Keep reading

The European Parliament Adopted Tougher Rules on Money Laundering

On 20th May 2015 the European Parliament adopted new tougher rules on monеy laundering, which will help fight tax crime and terrorist financing in the EU. The fourth anti-money laundering directive (AMLD) will oblige EU member states to keep central registers of information on the ultimate “beneficial” owners of corporate and other legal entities, as well as trusts...
24 September 2015
Keep reading

Law Firm’s Team Member Participated in a Workshop on Damages Caused by a Tort

Dyulgerova & Penkova Law Firm was invited to participate in the second session of a Workshop on “Compensation for Personal Injuries: the Countries of European Union at Comparison”, held on September 24, 2015 in Milan, Italy, under the patronage of Milan Bar Association. The Workshop is sponsored by the European Commission and aimed at conducting a comparative le...
14 September 2015
Keep reading

The Law Firm Represented a Foreign Contractor before a DAB

In August 2015 Dyulgerova & Penkova Law Firm represented a foreign Contractor before a Dispute Adjudication Board (“DAB”) in accordance with the FIDIC Conditions of Contract. The DAB consisted of three persons appointed from the list of the President of FIDIC, while the dispute referred thereto concerned outstanding payments under two contracts concluded between...
18 June 2015
Keep reading

Amendments in the Labour Code, in force as of 17 July 2015

Amendments in the Labour Code in force as of 17 July 2015 were promulgated in SG, issue 54/2015. The amendments allow conclusion of one-day employment contracts for seasonal agricultural work; employer’s obligation to keep an employment record is introduced; it is limited the circle of persons entitled to impose disciplinary sanctions, namely these are only the employer...
09 June 2015
Keep reading

SCC and SAC adopted an Interpretative Decree in relation to costs in the court proceedings for appealing penal decrees

By adopting of the Interpretative Decree No. 2 dated 19.05.2015 under interpretative case No. 2/2014 of GMCS of SCC and First and Second Chamber of SAC, the case law, according to which the costs made in the court proceedings of penal decrees cannot be compensated, has been overwhelmed. On the question whether the costs made in the court proceedings for appealing the penal dec...
08 June 2015
Keep reading

On April 20, 2015, in the city of Sofia, Non-Profit Association “Bulgarian Society of Construction Law’’ was founded

Dyulgerova & Penkova Law Firm is a founder and member of the Managing Board of the Association, the main aim of which is joining the efforts of Bulgarian legal community for the development of Bulgarian construction law.
14 March 2015
Keep reading

Right to Be Forgotten Ruling

In its ruling of 13th May 2014 the Court of Justice of the European Union (CJEU) decided that individuals can ask Google and other search engines to stop referring to certain information about them (the so called “right to be forgotten”), when this information is inaccurate, inadequate, irrelevant or excessive for the purposes of the data processing. The Court expli...
24 February 2015
Keep reading

Restriction on Shop Opening Hours

For almost 25 years retailers have sought, without much success, to invoke Union law in an effort to liberalise Member States restrictions on shop opening hours. The Pelckmans judgment, delivered by the Court of Justice of the European Union (CJEU), First Chamber on 8th May 2014, marks a new stage of development in a long line of case-law on the matter. The CJEU was requested t...
13 January 2015
Keep reading

New EU Courts’ Jurisdiction Rules as of 10 January 2015

New EU rules for jurisdiction, recognition and enforcement of judgments will apply to proceedings as of 10 January 2015 pursuant to the recast Brussels I Regulation (Regulation (EU) 1215/2012 of the European Parliament and of the Council). The recast Regulation includes some significant changes regarding the following issues: non-EU party to a lawsuit sued in an EU Member Stat...
05 January 2015
Keep reading

The European Parliament adopted Directive 2014/17/EU of 04 February 2014 on credit agreements for consumers relating to residential immovable property

In order to facilitate the emergence of a smoothly functioning internal market with a high level of consumer protection in the area of credit agreements relating to immovable property the European Parliament has adopted Directive 2014/17/EU of 04 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 20...
17 May 2014
Keep reading

Public Procurement Reform in EU

Two new Directives on public procurement have been adopted on 11 February 2014. The Directive 2014/24/ EU of the European Parliament and of the Council of 26 February 2014 on public procurement and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sector...
12 March 2014
Keep reading

Amendments to key EU corporate tax legislation

Companies will no longer be able to exploit differences in the way intra-group payments are taxed across the EU to avoid paying any tax at all. Amendments to the Council Directive 2011/96/EU on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (Parent-Subsidiary Directive) have been recently proposed by the Eur...
14 February 2014
Keep reading

Council Regulation (EU) No. 216/2013 of 7 March 2013 on the Electronic Publication of the Official Journal of the European Union

In compliance with Council Regulation (EU) No. 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OB L 69, 13/03/2013, р. 1) as of July 1, 2013 only the electronic edition of the Official Journal shall be authentic and shall produce legal effect. When the publication of the electronic edition of the Official Journal is impossi...
14 December 2013
Keep reading

LNA Summer Meeting, Bucharest

On June 28-29, 2013 the LNA summer meeting was held in Bucharest, Romania, where Dyulgerova & Penkova Law Firm was represented by Victoria Penkova and Lyubimka Dyulgerova, attorneys-at-law, managing partners. The following law firms were admitted to membership at the meeting: Bużek & Terem, Bratislava; Etude Zabaldano, Monaco and Qatar International Law Firm, Doha, Qat...
14 November 2013
Keep reading

Successful Completion of the Project “Danube Bridge 2 Vidin – Calafat” with the Assistance of Dyulgerova & Penkova Law Firm

Danube Bridge 2 Vidin – Calafat – the longest bridge over the Danube River, playing a key role not only for the future development of the Pan-European Transport Corridor IV, but also for the whole South-East Transport Axis in Europe and the Trans-European Transport System, was inaugurated in June 14, 2013. The project was implemented by the Spanish construction com...
24 October 2013
Keep reading

New Ordinance on the Minimum Level of Technical and Organizational Measures and Admissible Type of Personal Data Protection

The Ordinance on the Minimum Level of Technical and Organizational Measures and Admissible Type of Personal Data Protection was adopted on January 30, 2013 by the Commission for Personal Data Protection and was promulgated in SG on February 12, 2013 This Ordinance repeals Ordinance No. 1 dated February 7, 2007 (SG, issue 25 of March 23, 2007). Pursuant to the Ordinance no late...
07 September 2013
Keep reading

EU Approved Measures to Tackle VAT Fraud

The Council adopted two Directives that will enable member states to better combat VAT fraud. The two Directives, adopted on July 22, 2013, amend Directive 2006/112/EC on the EU's common VAT system: Directive 2013/42/EU is aimed at enabling immediate measures to be taken in cases of sudden and massive VAT fraud ("quick reaction mechanism"); Directive 2013/43/EU allows memb...
04 August 2013
Keep reading

Parliament outlines rules to limit risks for home buyers

Home buyers would be better informed about the costs and risks of taking on a mortgage, partly shielded against market swings that inflate their repayments and better protected if they default on the loan, under new rules provisionally approved by Parliament on September 10th. The legislation will cover mortgages on residential property, residential property including an offic...
01 June 2013
Keep reading

Change of the effective date of Regulation (EC) No 450/2008 laying down the Community Customs Code (Modernised Customs Code)

On 18 June 2013, the Official Journal published Regulation (EU) No 528/2013 of the European Parliament and of the Council of 12 June 2013 amending Regulation (EC) No 450/2008 laying down the Community Customs Code (Modernised Customs Code) as regards the date of its application. The effective date has been changed from 24 June 2013 (at the latest) to 1 November 2013 to provide...
13 May 2013
Keep reading

European Union with a new Union Customs Code

On the 10th of October, 2013 the Official Journal of the European Union published a new Regulation laying down the Union Customs Code. The Regulation No. 952/2013 of the European Parliament and of the Council of 9th October, 2013 lays down the general rules and procedures applicable to goods brought into or taken out of the customs territory of the EU and it applies uniformly t...
17 April 2013
Keep reading

Amendments to the Chamber of Builders Act as regards the foreign companies and individuals performing construction of 1st to 5th category

Amendments to the Chamber of Builders Act have been accepted under the Act for amendment and supplement of the Provision of Services Act, State Gazette issue number 83 of 2013. The previous provision stated that the registration of builders performing construction of 1st to 5th category in the relevant register of a member state of EU, EEC or Switzerland had the power of regist...
29 March 2013
Keep reading

Single Residence and Work Permit for Non-EU Citizens as of 24 December 2013

In accordance with Directive 2011/98/EU of the European Parliament and the Council of 13 December 2011 on a Single Application Procedure for a Single Permit for Third-country Nationals to Reside and Work in the Territory of a Member State, with the State Gazette, copy 70 dated 2013, in force as of 24.12.2013, there were published adopted amendments in the Foreigners in the Repu...
04 February 2013
Keep reading

LNA Winter Meeting

On January 25-26, 2013 the LNA winter meeting was held in Madrid, Spain, where Dyulgerova & Penkova Law Firm was represented by Victoria Penkova, attorney-at-law, managing partner. A summary of main developments in the field of the European law in 2012 (European Law – Developments 2012) was presented at the meeting, which you can examine in details in Section “...
04 January 2013
Keep reading