The amendments to the Consumer Protection Act (“CPA”) that came into force on February 3, published in issue 13 of the State Gazette, bring the national legal framework in line with Regulation (EU) 2023/988 on general product safety (General Product Safety Regulation – “GSPR“). This introduces a completely new approach to product safety regulation, aimed at stricter control throughout the supply chain and enhanced consumer protection, including in the context of e-commerce.
The new rules apply to all products placed for the first time or delivered on the market for consumers, regardless of the method of sale – in physical stores, through distance selling, or through online marketplaces. The scope also includes second-hand products, as well as products that have been repaired, refurbished, or recycled and reintroduced into the supply chain within the course of commercial activity.
The only exception is for products for which the consumer cannot reasonably expect compliance with the latest safety standards, such as items explicitly presented as needing repair, as well as works of art or collectibles with historical value.
What are the safety and compliance requirements?
Products may be offered to consumers only if they comply with the requirements of the GSPR. The regulation places emphasis on the obligation for preliminary risk assessment and active safety management. Manufacturers and other economic operators (importers, distributors, suppliers, service providers, or online marketplace providers) are required to conduct an internal risk analysis, prepare and maintain technical documentation prior to placing the product on the market, and provide clear and understandable product information, including instructions and safety warnings in Bulgarian. The purpose of the regulation is to extend liability to the widest possible range of traders in the supply chain, in order to ensure that the product complies with the applicable legal requirements.
The legislator also introduces additional obligations for online marketplace providers, including registration on the so-called Safety Gate portal (a portal for rapid alert and information exchange between market surveillance authorities of Member States and the European Commission), the existence of effective internal procedures for responding to dangerous products, establishing a single point of contact to enable direct and rapid communication with consumers on product safety issues, and an obligation to comply immediately with the orders of the Consumer Protection Commission (“CPC”).
Consumer rights in case of non-compliance
When a dangerous product is identified and a recall or withdrawal from the market is initiated, whether on the initiative of an economic operator or by order of the CPC, consumers are entitled to appropriate remedies. These include (i) repair, (ii) replacement, or (iii) refund of the price paid, with all costs of corrective measures being borne by the economic operator in the event of a danger being identified.
This mechanism significantly increases the financial and operational risk for traders in the event of non-compliance with safety requirements.
Sanction regime
The amendments introduce significantly increased administrative sanctions. For placing products on the market in violation of general safety requirements, financial penalties of up to BGN 50,000 are provided for legal entities and sole traders for each violation. Separate penalties are envisaged for lack of conformity assessment, technical documentation, instructions in Bulgarian, or failure to comply with mandatory requirements of the control authorities.
The new regime under the Consumer Protection Act requires businesses to have a significantly higher level of internal organization, control, and traceability with regard to product safety. Companies should review their product marketing processes, including in the online environment, and assess their compliance with the new requirements in order to limit regulatory, financial, and reputational risks.
