When the court orders the suspension of websites due to a series of violations, there is often no one to monitor whether the measure has been implemented or whether there are sanctions for it, and internet providers have to monitor eight institutions online to understand that they have to enforce it. The Sofia Bar Association (SBA) reported this in a statement (for the full text, see here) to the National Assembly.
The reason for this is proposed changes to the Consumer Protection Act (CPA), which also provide for the suspension of websites for violating consumer rights.
The analysis of the SBA shows that a significant number of laws introduce this measure, and given the development of public relations and digitalization, its imposition will be of increasing importance for the cessation of violations. „Therefore, it is of utmost importance to precisely, clearly and transparently regulate the procedure for imposing the relevant measure, its implementation, as well as subsequent control in a manner that guarantees to the maximum extent the right to protection, the effectiveness and efficiency of the measure, its timely and simultaneous application by all, and the possibility for every business entity and every citizen to have access to information when and against whom it has been introduced and how they can protect their rights affected by such a measure“, the lawyers point out.
The suspension of websites due to a violation is provided for in the Gambling Act, the Financial Instruments Markets Act, the Crypto Assets Markets Act, the Tax and Social Security Procedure Code, the Excise Duties and Tax Warehouses Act, the Tobacco, Tobacco and Related Products Act, the Tourism Act, the Counter-Terrorism Act, and the Trademarks and Geographical Indications Act.
They all stipulate that the measure is imposed on the initiative of a relevant control body and in almost all cases this is done by an order of the President of the Sofia District Court. Almost everywhere it is described as follows: “to order all undertakings providing public electronic communications networks and/or services to suspend access to certain websites“. The deadline for the President of the SRC to pronounce is 72 hours, and the deadline for the implementation of the measure by the Internet providers is 24 hours.
“A significant concern, however, is the divergent legal framework affecting the following two important elements of the implementation of the measure:
- Where is the order issued by the court published, so that all undertakings providing public electronic communications networks and/or services can fulfill their obligation within the 24-hour period given to them;
- Who controls whether all enterprises providing public electronic communications networks and/or services have actually suspended access to the relevant website“, the Sofia lawyers write.
The analysis of the regulatory framework shows that internet providers should monitor at least 8 websites – of the NRA, FSC, “Customs“ agency, CPC, Ministry of Tourism, Ministry of Interior, DANS and the Patent Office, for the publication of orders that they must execute within hours. The publication is sometimes in machine-readable format, sometimes – not. And failure to comply with the order is sometimes not sanctioned, and if sanctioned, the amount of the sanction is between 500 and 400,000 leva.
In their opinion, the Sofia Chamber explains in detail to the deputies the risks to legal certainty, fair competition and the right to protection from this chaos in the regulatory framework.
Therefore, the SAK proposes to centralize and establish a single source of information (list) for the websites to which access should be suspended and to introduce a single procedural mechanism for requesting, allowing, controlling and appealing the imposed measures.
And they point out that since the Communications Regulation Commission is the sector regulator in the field of electronic communications, it is logical that it be published on its website.
“We find it reasonable to create a single list, publicly accessible, with binding evidentiary force and available in machine-readable format, so that every interested person can obtain information about their obligation in an easy, accessible and secure manner, respectively for a comprehensive list of sites, from which it is clear what action and against which website all enterprises providing public electronic communications networks and/or services should take. It is also highly recommended that the orders of the Chairman of the SRC and the reasons for them also be published in machine-readable format, in order to facilitate the exercise of the right to protection of interested persons and to standardize practice“, the lawyers point out.