(1) The liability of Internet Service Providers (ISPs) is regulated by the Law on Electronic Commerce. The law is implementing the Directive 2000/31/EC (E-Commerce Directive) on electronic commerce regarding ISP liability.
(2) The provisions of this act aim mainly to limit the liability of ISPs by explicitly determining the cases where an ISP might not be held liable, which differ depending on the type of services provided (i.e, hosting, linking, safekeeping in cache memory, etc). Further, the lack of a general monitoring obligation on ISPs is also stated as a principle, providing that the ISP is obliged neither to monitor the information which it stores, transmits or makes accessible in the process of provision of information society services, nor to look for facts or circumstances indicating illegal activity.
(3) The provisions of the EU E-Commerce Directive regarding ISP liability and the EU Enforcement Directive 2004/48/EC are not fully implemented in the Law on Electronic Commerce, for example the requirements for the ISPs to terminate or prevent infringements upon an order by a court or administrative body, under Art. 12.3 and Art.15.2 of the E-Commerce, are not implemented yet. See also a Comparison between Intermediary Liability Legislation in Europe and Bulgaria by ILAC team, Nikola Penchev and Bianka Bikova.
Topic, claim, or defense
Type of service provider
Internet Access Provider (Including Mobile)
OSP obligation considered
Monitor or Filter
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)