Registering an online store is one of the most – convenient modern methods for carrying out commercial activities.
E-commerce is a full-fledged commercial activity in which the “web page” is the place where contracts are concluded, the final price is displayed, personal data is collected, and receipts are issued. If the requirements of the law are incorporated into the design of the website, the risk of sanctions decreases, processes are streamlined, and customer trust becomes a predictable asset rather than an expense.
Requirements for the owner of an online store
- Name of online store, web address, and content rights
Before registering an online store’s internet address, it is mandatory to check for identity and confusing similarity with earlier trademarks, both national and European Union. In practice, this means searching the Patent Office database and the pan-European TMview tool (which aggregates data from all national offices and the EUIPO), assessing both the similarity of the signs and the similarity of the goods/services – this is precisely the test for “likelihood of confusion” under the Trademarks and Geographical Indications Act.
If you are planning a serious investment in the brand, consider applying for a national or EU trademark (valid for 10 years and renewable), which will entitle you to use the “®” symbol after registration. The verification and registration strategy of an online store is not a formality, because in the event of a conflict with earlier rights, the risk of refusal/invalidity or a dispute over unfair competition is real, including for domains: for “.bg” domains, the terms and conditions of Register.BG apply, with an internal arbitration procedure for disputes over names.
The content of the website of the registered online store – texts, photographs, graphics, videos, structure and composition – is protectable as copyrighted works and the use thereof a14> must be based on validly acquired rights. According to Bulgarian law the contract for use of a work distinguishes exclusive and non-exclusive rights: for exclusive transfer written form and express agreement are mandatory, and in the case of a38> non-exclusive right written form is the most reliable approach for proving scope, term, territory and remuneration. Additionally distinguish two frequently encountered sources of content: “work-made-for-hire” works (created by an employee) and works “on commission” (commissioned from an external contractor).
In employment relationships, the employer has a legally recognized right to use what has been created within the scope of its normal activities, unless otherwise agreed; In the case of a commission, copyright remains with the author unless it is expressly transferred/licensed in the contract, with the commissioning party having at least the right to use the work for the purpose for which it was commissioned. To avoid any “lock-in” of the project, include explicit clauses in the contracts for: transfer of source files; right of modification/adaptation; types of use (online, advertising, social profiles, catalogs); term/territory; remuneration and crediting; and specify that all stock images/fonts/icons are licensed for commercial use and modification. Maintaining an internal “asset inventory” (origin, type of right, license, term, and restrictions) is practical insurance in case of audits and disputes.
Brief guideline framework for actions upon registration of an online store: 1) Screening of the designation (name/logo) in TMview and in the registers of the Patent Office; 2) assessment of a “national” trademark” against an “EU trademark” and submission of an application; 3) selection and registration of domain, familiarization with the terms and conditions and the procedure for disputes at Register.BG; 4) inventory of all content by origin and rights; 5) written contracts/annexes with employees and external contractors, which regulate exclusivity, scope of use, modification and transfer of source files. Thus, the “foundation” under your online store is stable – both as a brand and as content.
- Visible information on the website of an online store and contract from a distance
On the page of the registered online store, there should be a clear and accessible place to a8> indicate the details of the trader (name, EIK, address for correspondence, e-mail address and telephone number), final price with included taxes and all additional fees, any costs for delivery, the sequential steps towards concluding the contract, the means for detecting and correcting errors before submitting the order, the language of the contract and whether and how a42> it is stored and becomes later accessible to the customer.
You must also publish your “Terms and Conditions,” complaints and warranty policy, and a separate page on the right of withdrawal (with clearly stated exceptions for personalized products and digital content); at the same time, given the requirements for personal data protection, you must indicate the basic identification of the administrator, the purposes and legal grounds for processing in the Privacy Policy, as well as to provide proper notification and choice regarding cookies (detailed below in section 4). These elements are not “small print” but a minimum standard for valid, transparent, and fair contracting in distance contracts and information society services.
For many years, a number of traders maintained a link on their online store website to the European online platform for out-of-court settlement of consumer disputes; since this platform has been officially discontinued, maintaining such a link is now misleading and should be removed. Instead, include up-to-date information on the conciliation commissions of the Consumer Protection Commission (sectoral and general) operating in Bulgaria and the procedure for referring cases to the CPC in the “Terms and Conditions” and “Contact” pages of your online store.
It is necessary to specify the internal procedure for handling complaints (contact channel, response time, stages of consideration) submitted to a registered online store. In this way, you fulfill your information obligations, direct the consumer to a functioning conciliation mechanism, and minimize the risk of the dispute escalating to sanctions or legal proceedings.
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Right of withdrawal and announcement of discounts in an online store
The consumer may withdraw from a distance contract by purchasing from an online store within 14 days (for goods – from receipt, for services – from conclusion). If you have not informed them of their right of withdrawal, the period is extended to 1 year + 14 days. Provide a convenient form/channel, an exact return address, and refund all amounts within 14 days of receiving the notification; for goods, you may withhold payment until you receive the goods or proof of shipment.
The cost of return shipping is borne by the customer of the online store only if they have been expressly notified in advance. The customer is liable for any reduction in value due to use beyond what is necessary for testing. Exceptions: custom-made, sealed hygiene goods after unsealing, perishable goods, and digital content not on a medium – only with express prior consent and confirmed loss of the right of withdrawal.
When reducing prices, also indicate the lowest price for the previous 30 days (for consecutive reductions – the price before the first reduction; with exceptions for perishable/new goods). If you publish reviews, describe whether and how you verify that they are from real buyers; fake/manipulated reviews are prohibited. For personalized prices, notify before the order, and explain profiling and the right to object in the privacy policy; when personalization is based on non-strictly necessary cookies, prior consent is required.
- Privacy and cookies
The privacy policy should describe the actual data flows in your online store and comply with the General Data Protection Regulation and the Personal Data Protection Act. The administrator must be clearly identified (name, EIK, address, and contact details). Where applicable, a representative and/or data protection officer should be specified, and the categories of data processed (identification, delivery and payment, order history, preferences, and behavior) and the grounds for their processing (performance of a contract and pre-contractual actions, legal obligation, legitimate interest—with a balancing test, as well as consent, where necessary).
It is necessary to set reasonable time limits for storage by category (including accounting documents in accordance with special rules), specifies recipients and processors (hosting, couriers, payment companies, IT support) with contracts under Art. 28, regulates any transfers outside the EU through appropriate safeguards, explains the rights of individuals (access, rectification, erasure, restriction, portability, and objection – including against profiling for marketing purposes) and the procedure for exercising them.
Трябва да се даде кратко, но разбираемо описание на логиката, значението и предвидимите последици при автоматизирано вземане на решения/персонализирани оферти; всичко това трябва да бъде синхронизирано с действително внедрените технологии за измерване, реклама и обслужване (напр. аналитични инструменти, ретаргетинг, чат-модули), иначе възниква несъответствие, което не може да бъде оправдано с „общи“ формулировки, дори да са правно коректни по принцип.
With regard to cookies and similar technologies, it is mandatory to request valid prior consent through a first layer with equivalent “accept”/”decline” options before placing non-essential elements (statistics, personalization, advertising) valid prior consent must be requested through a first layer with equivalent “accept”/”decline” options (without pre-selected categories and without hidden refusal).
A second layer of detailed information about the purposes, providers, and duration is also required, as well as a permanently visible option to change the selection later; tracking elements are not loaded before consent is given, consents are logged, and a separate cookie policy specifies categories, example names, duration, provider, and purpose, including an explicit note when personalized prices/offers are based on profiling through cookies, in which case the notification of a personalized price under consumer law is displayed before the order, while consent for cookies is managed through the banner/preference center—two parallel regimes that apply cumulatively and cannot be substituted for one another.
- Payments – choice of methods and transparency
The law does not oblige you to offer a specific payment method; You determine the portfolio (card, bank transfer, postal money order, cash on delivery, vouchers, installment plans, etc.), but you are required to clearly inform the customer before the order which options are available, under what conditions they are used, and what costs are incurred for each of them. The final price and any additional amounts (payment method fees, cash on delivery, courier service, insurance, etc.) must be visible before “confirming the order”; Adding amounts at the last step or through pre-selected “additional services” is misleading and, as a rule, an unfair practice.
When you charge a fee related to a specific payment method, it must be objectively justified and announced in advance. For some payment instruments, the law restricts or prohibits surcharges, so only include such fees if they are permissible and correctly described in the General Terms and Conditions.
For card payments, you should ensure the required strong authentication of the payer and clearly indicate who processes the card data (bank/payment institution), stating on the “Privacy” page the minimized scope of data and the rule that you do not store sensitive elements unnecessarily. For “bank transfer,” explicitly describe when the obligation to deliver arises (e.g., “after receipt of funds”), and for “cash on delivery,” describe who bears the risk and cost of refusal to accept.
If you offer hire purchase/deferred payment with a consumer credit element, special pre-contractual information requirements (annual percentage rate of charge, total amount, repayment terms) and a ban on hidden fees apply. When refunding amounts after withdrawal from the contract, you must, as a rule, return the funds using the same means of payment, unless the customer expressly agrees to another method that does not incur any costs for them. These rules — for prior clarity, full final price, and correct payment processing — must be both visible in the interface and set out in the Terms and Conditions in order to comply with fair trading and consumer protection requirements.
Before you start selling through an online store, submit information to the revenue administration using the approved form (Appendix No. 33) via the e-services portal. This applies both to your own web address and when using a third-party platform.
There are two practical modes for registering and reporting sales. The first is with a fiscal device/system receipt. The second – “alternative” – allows you to issue electronic receipts and submit a standardized XML audit file for turnover (by the 15th of the following month) – without a traditional cash register, if you meet the conditions. The choice of payment methods directly affects which mode is applicable, so the technical setup and documentation procedure must be designed together.
Note
The article complies with the Bulgarian e-commerce framework in force as of 2025.
Silvia Petkova Sole Proprietorship Law Firm provides services for drafting and editing general terms and conditions, privacy and cookie policies, “Right to Refuse” pages, as well as subscription-based legal services in the field of consumer law and e-commerce.
Contacts
Working hours: Monday to Friday from 10:00 a.m. to 6:00 p.m.
address: Sofia, 2 Tri Ushi St., 3rd floor telephone: 02 980 00 00 fax: 02 980 00 01 e-mail: info@bta.bg
Tell. 0885 47 77 57
email: office@petkovalegal.com
OR
The “subscription legal service” is suitable for commercial companies, sole traders, online stores, individuals, and freelancers who want access to highly qualified legal assistance tailored to their individual needs but do not have the desire or ability to maintain in-house legal advisors or legal departments.
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Subscription-based legal services for commercial companies and sole proprietors traders
The “subscription legal service” offered to commercial companies and sole traders is provided depending on the individual needs of the client and the size of their business (start-up, small and medium-sized enterprise, or corporation).
The service includes:
> written and verbal consultations, including convenient and fast online consultations;
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> preparation and revision of documents and any papers related to the client’s activities, including documentation concerning the appointment, reduction, and dismissal of workers and employees, as well as disciplinary proceedings organized against them;
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> entry of changes in the Commercial Register, concerning the subscriber;
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Subscription-based legal services for online stores
Sole proprietorship law firm company “Silvia Petkova” provides special package of services, specially designed for online stores that require subscription-based legal services.
In addition to the standard package of services included in the subscription legal services for commercial companies and sole traders described above, the law firm offers registered online stores the option of taking over all telephone and email correspondence with the subscriber’s customers regarding returns and complaints about goods. The service is provided by qualified lawyers in the field of consumer law.
This ensures maximum satisfaction for online store customers and avoiding unnecessary costs for the online store in the form of fines or agreements with consumers that may arise from a lack of detailed knowledge of the Consumer Protection Act and the new Act on the Provision of Digital Content and Digital Services and the Sale of Goods.
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Each client receives an individual offer tailored to the needs of their business and, more specifically, to their legal and organizational form, the volume of legal activities required on a monthly basis, as well as their practical complexity and time required for completion.
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