Source: https://dv.parliament.bg/DVWeb/showMaterialDV.jsp?idMat=234478
Bulgaria’s Whistleblower Protection Act (WPA), adopted in early 2023 and amended in October the same year, introduced several key improvements.
Key Highlights:
Clarification of public disclosure rights: Whistleblowers may disclose information publicly under specific conditions (e.g. imminent danger or inaction by authorities). However, the law remains vague on what constitutes “appropriate action,” and does not clearly permit bypassing internal channels when they are compromised. This legal uncertainty continues to discourage public disclosures.
Expanded protections for related persons: The law extends anti-retaliation protections to colleagues, relatives, and others associated with the whistleblower. However, such protections only apply after a formal report or public disclosure, leaving preparatory phases unprotected—an acute vulnerability during early retaliation.
Confirmation of ‘reasonable belief’ standard: Amendments affirm that whistleblowers are protected even when their concerns prove unfounded, provided they had reasonable grounds to believe in the reported wrongdoing. However, no guidance is offered on what constitutes “reasonable grounds,” creating room for inconsistent interpretation.
Transparency commitments clarified: The CPDP is now required to publish annual summaries of reports and outcomes, aligning partially with EU Article 27. Public access to this data, however, remains uncertain.
Protection against retaliatory litigation and criminalisation: The law mirrors EU Directive provisions shielding whistleblowers from civil and criminal liability where disclosures were necessary and based on reasonable belief. This includes immunity from defamation or breach-of-contract claims.
Reporting channels established but under-resourced: Institutions are mandated to set up internal and external whistleblower channels. However, gaps remain in staff training, independence, and reporting structures. External units do not always report to the head of the organisation, and internal channel personnel are often not dedicated to whistleblower tasks.
Legal aid remains limited: Whistleblowers can access general legal aid, but there is no dedicated support or reimbursement of legal costs for successful claimants. Assistance is restricted to court proceedings and excludes early administrative stages.
No reversal of burden of proof: The Bulgarian law does not include the reverse burden of proof as required under Article 21(5) of the Directive, placing an excessive evidentiary burden on whistleblowers.
Partial compliance with “make whole” redress: Although the law allows for compensation, it lacks specific provisions for reinstatement or comprehensive remedies such as psychological support or equitable redress.
Key Amendments in the Law from 2025
Art. 4, item 3 – Attorney–Client Correspondence
Text: The content of conversations, correspondence, and communication between attorneys and their clients is excluded from the scope of the law.
Reasoning: To ensure the inviolability of attorney–client privilege and to prevent potential misuse through the disclosure of legally protected communications.
Art. 5, para. 2, item 3 – Volunteers and Interns
Text: The law applies to volunteers, as well as to paid and unpaid interns who submit a report. Reasoning: The amendment aims to extend protection beyond formal employment relationships and to include persons in early-stage internships who may also have access to sensitive information.
Art. 5, para. 2, items 6 and 7 – Pre-contractual Parties and Suppliers
Text: The law includes:
Job or contract applicants who become aware of violations during the selection process.
Suppliers, or those with a signed contract, whose activities are related to the organization. Reasoning: Protection is extended beyond formal employment – to any individual in a relationship with the organization, if the report concerns activities related to that relationship.
Art. 9 – Anonymous Reports
Amendment: The possibility to initiate proceedings based on an anonymous report is removed. Reasoning: The goal is to enhance transparency and eliminate opportunities for abuse of anonymity, allowing only identified individuals to initiate official proceedings.
Art. 10 – Removal of Two-Year Limitation
Amendment: The restriction allowing reports only for violations that occurred within the past two years is removed. Reasoning: Reports of older violations are now admissible – the threshold has been eliminated to enable reporting of significant misconduct from further in the past.
Art. 12 – External Handling of Reports
Amendment: An organization may authorize an external party (e.g. a company) to receive, register, and review reports. Reasoning: The amendment enhances practical options for protection – allowing obligated entities to use an external administrator while preserving confidentiality.
Sanctions
New text (Art. 42): Employers who fail to establish or maintain obligations under the law are subject to fines ranging from BGN 1,000 to 7,000.
Additional Measures and Procedures
Internal Reporting Channel: Each obligated entity (private company with ≥ 50 employees or operating in the public interest) must establish an individual internal reporting channel — joint channels across economic groups are prohibited.
Oral Reporting with Documentation: Oral reports may be recorded (audio/video) if the whistleblower consents.
Municipal Ethical Code and Accountability: Municipal councils are required to adopt an ethical code and submit annual reports to the Commission for Personal Data Protection (CPDP) on received reports and actions taken.
Expert Commentary:
Maria Pavlova, Whistleblower Protection Focal Point at Transparency International Bulgaria, said:
“While Bulgaria’s legal framework has evolved, implementation remains fragile. Key safeguards—such as automatic identity protection, clear interim relief, and meaningful remedies—require urgent strengthening to give whistleblowers the confidence and protection they need. Without such adjustments, the law risks remaining more symbolic than effective.”