The latest amendments to the еGovernment Act („EGA“), promulgated on 19.09.2023 in the State Gazette (“SG”), introduce a number of facilitations for citizens and the administration upon requesting, issuance, submission and delivery of documents. The Administrative Offences and Sanctions Act (“AOSA””), Tax and Social Security Procedural Code (“TSSPC”), Civil Registration Act (“CRA””), Local Taxes and Fees Act (“LTFA”), Administrative Procedure Act (“APC”), etc. have also been amended.
Less paperwork for collection and submission
The amendments significantly reduce the burden on individuals to collect and submit documents and evidence. The internal exchange of data within administrative authorities and individuals/legal entities or organisations with public functions or providing administrative services is strengthened.
“Primary data controller” and “central data controller” are more precisely defined and given additional functions.
Primary data controller is:
- an administrative authority which, by virtue of a law, collects, creates for the first time, amends or deletes data about individuals, legal entities, objects or events – provides access to individuals and legal entities to all information collected about them, or
- an individual/legal entity or organisation under the EGA that collects, creates for the first time, modifies or deletes data required for the provision of an administrative service – provides internal electronic administrative services to administrative authorities. The provision shall be contained in a law or the individual/legal entity or organisation shall have given written consent before the Minister of eGovernment.
The Central Data Controller is:
- A person or organisation under the EMA which, by virtue of a law, holds centrally data provided by primary data controllers – provides individuals and legal entities with access to all information collected about them.
A Central Data Controller is considered a Primary Data Controller in relation to the obligations to provide and send data.
The Primary Data Controller is responsible for the accuracy, completeness and availability of the data.
Administrative authorities, individuals/legal entities performing public functions and public service organisations shall not require the submission or proof of data already collected or created but are obliged to collect it ex officio from the Primary Data Controller or from a Central Data Controller.
The Primary Data Controller shall make the data available on request, ex officio and free of charge, to all administrative authorities, to individuals/legal entities performing public functions and to organisations providing public services.
No obligation to prove facts and circumstances shall be introduced by regulation or other subordinate legislation for individuals/legal entities or objects entered in a register to which an identifier has been provided. The exception shall be the implementation or application of acts of the European Union.
A definition of “registrar” and additional rules on the keeping of registers are introduced.
Administrative authorities shall keep registers and databases in electronic form. The administrative authorities shall provide as an internal electronic administrative service the possibility to enter, delete and certify circumstances in the registrars they keep ex officio.
The data in electronic form from the Unified Civil Registration and Administrative Services System (UCRASS) shall be provided free of charge to the administrative authorities and persons providing electronic administrative services as an internal electronic administrative service under the EGA.
Easier requesting and signing
The requirement for a Qualified Electronic Signature (“QES”) is seen as a barrier to the widespread use of e-services. Instead, existing rules are being improved and new ones are being introduced to ensure that applicants can be identified by an electronic means of identification with a sufficiently high level of security for the purposes of requesting e-services.
Development of the role of the intermediaries
The intermediary requests administrative services electronically. Even before the recent amendments, the EGA provided that persons could request electronic administrative services through an intermediary. The amendments develop this possibility.
Intermediary services may be paid for.
Intermediaries will not be eligible for services under the Foreigners in the Republic of Bulgaria Act, the Act on the Entry, Residence and Exit of Citizens of the European Union and their Family Members and the Bulgarian Identity Documents Act.
It is assumed that the use of e-services through intermediaries will facilitate mainly elderly people who do not use the internet and/or live in remote orts. Bulgarian Posts could be one such intermediary.
Lower fees and easier proof of payment
Administrative authorities will provide administrative services electronically at a reduced fee compared to in-person application and receipt fees. The minimum reduction is 10 % and the maximum is BGN 20.00. However, the Council of Ministers and municipal councils may provide for greater reductions in fees for e-services.
The provision of administrative services by electronic means does not require a document proving payment of the fee when the fee is paid electronically. A document of payment of a fee will be deemed to be the details of the payment received in the account of the administration which is to provide the service.
Possibility for electronic delivery of sanctions slips, statements of establishment of the offence and penal decrees
The Secure Electronic Delivery System (“SEDS”) and its implementation is being developed through changes to the EGA, AOSA and other laws. Additional requirements for the SEDS are introduced, including:
- the use of a qualified electronic time stamp;
- the possibility for individuals/legal entities to give and withdraw their consent for statements of establishment of the offence (“SEO”), electronic sanctions slips and penal decrees (“PD”) under the AOSA to be delivered to them electronically through the SEDS;
Sanctions slip, electronic sanctions slip, SEO drawn up in the absence of the offender, or a PD shall be delivered in accordance with the provisions of the EGA if the offender has agreed on this in compliance with the EGA. After the expiry of 7 days from the date of sending of the notice and if not opened, delivery shall be done in compliance with the AOSA.
Electronic sanctions slip and PD shall also be deemed to have been delivered if the offender pays the fine.
Rules shall be introduced on how the SEO shall be drawn up, delivered, signed and sent back as an electronic document, signed by the drawer and at least one of the witnesses named there, by electronic signature, in cases where prior consent has been given by the offender under the EGA. The SEDS shall be used.
Electronic reminder of expiring terms
Amendments to the APC provide for the administration to remind individuals/legal entities of the expiry of terms when an individual administrative act creates rights or obligations with a term and the administration has the e-mail addresses of the individuals/legal entities. The information on the expiry of the term shall be sent no later than 1 month before the expiry.
The above shall not apply if the rights or obligations are created for a period shorter than 3 months or if those acts are not kept in registrars.
Entry into force of the amendments
Most of the above amendments enter into force on 19.09.2023. The following amendments enter into force later:
- within 6 months from the date of promulgation – the administrative authorities shall bring the application forms for administrative services into compliance with the APC and the EGA;
- within 6 months from the date of promulgation – the Council of Ministers shall put into line with the regulation under the EGA regarding the general requirements for the provision of electronic administrative services;
- on 31.03.2024 – the prohibition to introduce by subordinate legislation the obligation to prove facts and circumstances for individuals/legal entities or objects entered in a registrar to which an identifier has been granted; the obligation of administrative authorities to keep registrars in electronic form; the requirements to the SEDS regarding the delivery of SEO, sanctions slips, PD; the obligation to notify upon expiry of terms of rights and obligations in an individual administrative act; others;
- no later than 31.03.2025 – the administrative authorities shall bring the registrars into line with the amendments in compliance with the schedule adopted by the Council of Ministers by 31.10.2023.
