Somewhat unoriginally,

Our first
consultation
is always
free.

Hear, hear-

WE’RE PROUD WINNERS OF THE 2017 IAE AWARDS.

'Describe yourself in three words.'

Approachable,
specialized
experts.

Let's cut to the chase now.

IS THE CONSENT ALWAYS REQUIRED FOR DATA PROCESSING?

    Services

    • Comprehensive legal services encompassing all the business activities of a client, such as:

      • Negotiations and deal mediation;
      • Preparation and drafting of civil, trade, labour, and other agreements, memoranda and other documents related to a client’s business;
      • Consulting related to acquisition of licenses and permits;
      • Establishing business entities in view of a client’s investment plans;
      • Representation before state, municipal, and banking institutions;
      • Preparation and drafting of documents related to decisions made by the managing bodies of a company.
      • Trade mark database search;
      • Registration of national trade marks, European Union trade marks, and international registrations;
      • Representation before the World Intellectual Property Organization, the European Union Intellectual Property Office, the Patent Office of the Republic of Bulgaria;
      • Representation during disputes related to trade mark infringements;
      • Procedural representation.
      • Representation before the Bulgarian Food Safety Agency and other institutions in relation to registration of commercial properties, various food categories and food additives;
      • Consulting regarding labeling of food products and food additives;
      • Assistance during inspections by authorities, drafting of documents;
      • Court representation during appeals of penal rulings for violations of food safety legislation.
      • Registration, transformation and termination of commercial entities and sole proprietorships;
      • Commercial enterprises deals, transfer of shares, M&As;
      • Preparation and drafting of commercial contracts, agreements, memoranda and other commercial documents;
      • Legal consulting, research, and analysis;
      • Preparation and registration of collateral and securities, registration of special pledges;
      • Negotiations and deal mediation;
      • Representation before state, municipal, and banking institutions.
      • Legal consulting, research, and analysis;
      • Participation in negotiations;
      • Preparation and drafting of civil, trade, labour and other agreements, memoranda and other documents;
      • Assistance in alternative dispute resolutions to facilitate out-of-court settlements;
      • Representation in court and during arbitration in cases of breach of contract;
      • Consultations on the General Data Protection Regulation /GDPR/;
      • Preparing complete setsof documents for personal data controllers.
      • Legal consulting, research, and analysis;
      • Preparation and drafting of contracts, agreements, memoranda and other documents;
      • Participation in negotiations and closing of contracts, signing of agreements;
      • Court representation;
      • Representation before state, municipal, and banking institutions.
      • Procedural representation and legal defence in all court instances during commercial, civil, and administrative lawsuits.
      • Preparation of court documentation without court representation;
      • Assessment of possible legal risk in filing a lawsuit for a specific legal dispute;
      • Assistance in out-of-court settlements;
      • Procedural representation and facilitation of the receivables recovery process after a court enforceable ruling.
      • Consulting on a current or future cases filed with the Commission for Protection of Competition;
      • Procedural representation before the Commission for Protection of Competition;
      • Research, statements, and consulting on competition law.

    With us,
    your corporate legal issues
    will be in good hands.

    Petya Noycheva & Partners Law Office’s goal and mission is to prevent problems from happening before they even arise. We succeed in doing so because we know our clients’ businesses. Our phone lines are always open for you and we will answer all your calls at any time. A first consultation with us is entirely free!

    Swears by Arial Narrow, 11pt.

    Petya Noycheva

    Partner

    Member of the Sofia Bar Association since 2000

    Co-founder and Partner in Petya Noycheva & Partners since December 2006

    A litigation expert, specialising in negotiations and commercial law

    Petya Noycheva’s legal expertise is in the field of negotiations between companies and clients’ negotiations with banks, institutions, and state authorities. Ms. Noycheva has a solid experience in conducting negotiations in countries from the European Union, Switzerland, the Middle East – such as Iran, UAE, Qatar, Kuwait, as well as in the USA, China, Japan, and others. Her success in developing negotiation strategies and holding commercial and legal talks with a wide range of business clients has contributed to her excellent reputation in international legal practice.

    Petya Noycheva is an expert in contract law and preparation of commercial agreements.

    She works in cooperation with local and foreign law offices, which specialise in different areas of law, and if needed, she assists in finding appropriate consulting services from law experts in Bulgaria and/or abroad, supervising a specific case until its successful completion.

    Ms. Noycheva is fluent in English.

    In her spare time she likes travelling and playing tennis.

    +359 2 958 23 38 | +359 888 640 973 | noycheva@pnp.bg
    Bulgarian, English

    Romanticist-in-residence.

    Andon Nastev

    Partner

    Member of the Sofia Bar Association since 2006

    Co-founder and Partner in Petya Noycheva & Partners since December 2006

    A specialist in the field of contract law, industrial property law and procedural representation

    Andon Nastev has specialised in contract law. He has considerable expertise in drafting commercial contracts, including agreements under the Law on Copyright and Neighbouring Rights.

    Industrial property and more precisely trade marks are the legal area Mr. Nastev focuses on. He provides consulting, registration, and protection for your trade mark.

    Andon Nastev is the Bulgarian lawyer who was among the first to initiate (in compliance with the 2008 Civil Procedure Code) a reference for preliminary ruling from the Court of Justice of the European Union regarding an interpretation of Article 5 of the First Council Directive 89/104/EEC to approximate the laws of the Member States relating to trade marks, including an interpretation of the term “import” within the meaning of Article 5(3)(c) of the Directive.

    Mr. Nastev is a registered representative of industrial property in the field of trade marks, entered under Nr. 476 in the Industrial Property Representatives Registry at the Patent Office of the Republic of Bulgaria.

    Andon Nastev is also a European Representative of Industrial Property in the field of trade marks, registered with the European Union Intellectual Property Office under registry entry Nr. 69916 of the registered industrial property representatives with the European Union Intellectual Property Office.

    Andon Nastev works in cooperation with local representatives of industrial property for countries from Europe, the Middle East, and Asia. If foreign national trade marks are to be registered, Mr. Nastev provides assistance and acts as a mediator between a client and foreign intellectual property offices, monitoring the process of registration until the procedure is successfully completed.

    Andon Nastev can advise you on the requirements of the General Data Protection Regulation /GDPR/ and prepare a complete set of documents for you that fits your business.

    Mr. Nastev speaks English, German, and Russian.

    In his leisure time he enjoys his hobbies – photography, painting, and ceramic art.

    +359 2 958 23 38 | +359 885 021 029 | nastev@pnp.bg
    Bulgarian, English, German, Russian

    Knows who killed Laura Palmer.

    Ginka Dimitrova

    Associate Attorney

    Member of the Sofia Bar Association since 2010

    Ms. Dimitrova began her career at Petya Noycheva & Partners in 2007 and became an associate attorney in 2010.

    She is an expert in food legislation, the laws on food supplements and medical devices and equipment.

    Ginka Dimitrova has focused her professional interests in the area of food safety legislation as this legal sphere is currently being developed in Bulgaria. She has specialised in European food legislation by attending a number of trainings and discussions in the field, including meetings with Bulgarian food safety authorities. She has submitted proposals for the introduction of changes in the food legislation in Bulgaria.

    Ms. Dimitrova is a consultant on medical devices and equipment legislation. She is a highly qualified and experienced lawyer in activities related to registration, labeling and market placement of medical supplies and equipment of any class. She takes part in legal trainings about medical devices abroad, including the strategic event held in Dusseldorf, The International Congress on Market Access & Regulatory Affairs in Medical Devices (MARA2016).

    Ginka Dimitrova provides consulting on corporate registration procedures for state and municipal authorities such as the Customs Agency, the Bulgarian Food Safety Agency, the Bulgarian Drug Agency, the Commission for Personal Data Protection, the Commercial Register, the Ministry of Health, the Regional Environmental Protection Agencies, and others. She has a solid experience in resolving various legal issues and has mastered her conflict resolution skills when such situations arise between representatives of the business sector and the state administration.

    Ms. Dimitrova has a personal goal of protecting the right to court representation for all, regardless of their financial and/or social standing. For this purpose, she volunteers as a pro bono legal counsel.

    She is fluent in English.

    In her leisure time she likes reading, travelling, and camping.

    +359 2 958 23 38 | +359 885 44 92 91 | dimitrova@pnp.bg
    Bulgarian, English

    News & Articles.

    Apart from the latest legal news, this is where an article or a white paper penned by a member of our team will be published. Inevitably, legal matters will be discussed but those shall invariably be of at least some practical relevance to our clients and prospects. The objective of the articles section is indeed to strip the burning legal issues of the day from the legalese and make them comprehensible.
    Petya Noycheva & Partners will use the email you provide only for sending news or articles not often than once a month. By subscribing, you agree with that and we assure you we will treat your data responsibly.

    You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at newsletter@pnp.bg.

    IS THE CONSENT ALWAYS REQUIRED FOR DATA PROCESSING?

    I had to apply for issuance of a real estate layout and a tax assessment certificate two weeks ago. While I was submitting the applications the officials asked me to sign declarations and to give my consent for the processing of my personal data in order to get the administrative services I was applying for. The officials were so kind and helpful that my heart did not let me deny and I was pleased to sign the declarations in question.

    This and collection of consent for personal data processing that happens increasingly often lately after the enforcement of Regulation (EU) 2016/679 (General Data Protection Regulation /GDPR/) made me write this article.

    Pursuant to Art. 6 GDPR data processing may only take place on any of the following grounds:

    (a) the data subject has given consent to the processing of his or her personal data;

     

    (b) processing is necessary for the performance of a contract to which the data subject is party;

     

    (c) processing is necessary for compliance with a legal obligation;

     

    (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;

     

    (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

     

    (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

     

    No matter that consent is ranked first among the grounds for data collection and processing, all grounds are of equal value and strength. The presence of any of them makes processing lawful.

    Reassurance in terms of ‘let’s have the consent, … just in case we need it’ may play a dirty trick on controllers because it should be known that consent for processing of personal data must be given freely, and most important – the data subject is having the right to withdraw his/her consent at any time under Art. 7(3) GDPR. This means that once the consent has been withdrawn, the controller should cease using the personal data. And if de jure they process them on another ground, this may not happen and they are at a risk to be in an awkward situation that may cost them a fine or a property penalty, because they have misled the person who have given his/her consent – that they are processing his/her data on the basis of his/her consent and that he/she may withdraw it at any time.

    In the case with issuance of a layout and a tax assessment certificate, if I had withdrawn my consent right after submission of the applications, the controller would not be able to cease the processing of my personal data, because by law they are in the position to use them for the exercise of their official authority – rendering the services I applied for, and most important – they may not deny rendering the concerned services to me, even if I had withdrawn my consent. For this reason the officials should not request my consent, because they process my personal data on the basis of exercising their official authority of the respective agency.

    That’s why before requesting any consent for the use of personal data, first you should ask yourself if there is no other legal ground for their collection and processing, such as a contract with the subject, whose data you are processing, or a legal obligation as one of the most common grounds in the private sector, and what would be the consequences in case the consent has been withdrawn by the data subject.

    So if you use the personal data of your employees in the capacity of an employer, to pay the social security contributions due, you will do it on the basis of execution of your legitimate obligation, because the law puts you in a position, as an employer, to deduct the social security contributions from the salaries of your employees and deposit them every month to the respective accounts of the state budget.

    Further, if your company hires a contractor to make furniture for your office, you should not request the contractor’s consent in order to use their bank account for the purpose of payment of the agreed remuneration, because you will do that on the basis of performance of your concluded contract for making of furniture.

    In the private sector the most common cases when you should request consent for using of the personal data are: direct marketing and sending newsletters.

    Not long ago and still it is a common practice in marketing departments to purchase e-mail lists of unknown origin which nobody knows how and where have been collected and composed. After the GDPR became effective, which happened on the 25th of May this year, this practice must be definitely stopped, because the major principle in the direct marketing regarding natural persons is ‘opt-in’, not ‘opt-out’, i.e. you must obtain the consent from the individual in advance in order to send him/her a commercial message, not to rely on the fact that they may refuse to receive your messages.

    It is the same case with the issue of sending a newsletter. It is recommended that your website have an option for obtaining consent, storing information about the consents both received and withdrawn for the purpose of maintaining an updated list of recipients who have given their consent for receiving your newsletter and for execution of the reporting obligation as imposed by the GDPR on each controller.

    Summarizing: If any of the other grounds for personal data processing is present, as enlisted in Art. 6 GDPR, do not ask for consent for such processing. Consent is rather the final option unless any of the other grounds exists.

    If I haven’t answered to all of your questions related to consent or if you hesitate and need help, I would be glad to assist you.

    Author: Andon Nastev, Attorney-at-law

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    15 Doyran Street
    Entrance B, Floor 4, Office 9
    Sofia 1680, Bulgaria
    telephone +359 2 958 2338
    fax +359 2 858 6142
    email office@pnp.bg
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