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Registered Access to the Company Files in Bulgaria

In general the Bulgarian Commercial Register is public. Everybody is entitled to a free access to the database. Till 01/01/2013, using the search options on the website of the Registry Agency (http://brra.bg/), anybody could view and use the personal information, submitted to the register, such as names, passport details, address, date of birth, etc. This was due to the fact that the business has been required to submit certified copies of various documents containing personal data which were then scanned and published on the website.

 Given the Data Protection Act and the complaints of the business that their personal data could be easily misused for various purposes, including criminal acts, pursuant to the Article 11, Par. 2 of the Commercial Register Act now the access to the company files is restricted. Currently, only the summarised basic information regarding the business details and only the title and nature of the documents submitted to the Register (such as company details, representatives, ownership and partnership, registered capital, legal standing) is publicly disclosed. The contents of the documents, certifying these facts (such as various applications for change in the company status ) and the company documents, subject to public disclosure (such as financial statements, etc.) as well as other documents, containing personal data under the Data Protection Act which could easily serve to identify people, is not public anymore.  To view the particular information and the documents scanned on the company file, the users now need to register and to identify themselves by the means of a Digital signature or by a Digital certificate, issued by the Registry Agency. To obtain a Certificate for registered access one needs to apply to the Registry Agency. The state and local authorities shall obtain such certificate automatically, ex officio, under the terms and conditions, stipulated in the Ordinance on the Procedure for Granting Access to the Commercial Register and the Company Files. Nevertheless, the information obtained in such way shall not contain all the personal data but only the one, required by the law (the Commercial Act in particular). Thus, some personal data, stated in the certified copies of the documents, subject to public disclosure and submitted to the Commercial register in compliance with the current legislation, could be deleted, otherwise it is deemed that the person has agreed to grant a public access to it.

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