Martin Zahariev, PhD | State University of Library Studies and IT, Sofia (original) (raw)

Papers by Martin Zahariev, PhD

European Data Protection Law Review (EDPL), 2020

The paper analyzes the implementation of EU Regulation 2016/679 (GDPR) in Bulgaria. The analysis ... more The paper analyzes the implementation of EU Regulation 2016/679 (GDPR) in Bulgaria. The analysis is divided in five main parts: (i) introduction and historical background of data protection in Bulgaria; (ii) the amendments in the national legislation following the GDPR; (iii) the usage of the so-called opening clauses and the national specific legislation that supplements the GDPR in the fields where the Regulation specifically permits that; (iv) GDPR's enforcement in Bulgaria and (v) conclusion.

Chapter 6 in Construction Arbitration in Central and Eastern Europe: Contemporary Issues, Edited by Crina Baltag, Cosmin Vasile, Kluwer Law International, 2019

The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes... more The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes arising out of contracts with public authorities from a Bulgarian law perspective. What disputes are arbitrable under Bulgarian law? Are construction disputes with public authorities arbitrable and, if yes, are there any special rules that would apply so that the dispute becomes eligible for resolution by arbitration? What is the recent court practice on these issues? The answer to these and other questions related to the arbitrability of construction disputes
with public authorities can be found in this analysis. (Note: the paper is in English)

CHAPTER I in “Austrian Yearbook on International Arbitration 2020”, Edited by Christian Klausegger, Peter Klein, Florian Kremslehner, Alexander Petsche, Nikolaus Pitkowitz, Irene Welser, Georld Zeiler, MANZ Verlag Wien, Verlag C.H. Beck München, Stämpfli Verlag Bern, 2020

The present paper analyzes the applicability of GDPR in the context of commercial arbitration. In... more The present paper analyzes the applicability of GDPR in the context of commercial arbitration. In particular, examined are the principle applicability of GDPR towards arbitration and the main consequences of GDPR’s applicability towards commercial arbitration. (Note: The publication is in English)

TITA Taxes Magazine, Book 128, May, 2020

The present paper analyzes the admissibility of certain data processing operations such as temper... more The present paper analyzes the admissibility of certain data processing operations such as temperature measurement, investigation of absences and staff notification for sick employees in the enterprise. Such measures are often taken in employment context and are aimed at tackling the spread of COVID-19 pandemic. However, they pose privacy questions which are examined in this publication in the light of the GDPR and the Bulgarian legislation. (Note: The publication is in Bulgarian)

Kluwer Arbitration Blog, 7 Sep, 2019

The present paper analyzes the applicability of the data protection rules in a specific sector su... more The present paper analyzes the applicability of the data protection rules in a specific sector such as commercial arbitration. What are the most important implications of GDPR for the main participants in the arbitration process is examined in the publication (Note: The publication is in English)

TITA Taxes Magazine, Book 121, Nov, 2019

The present paper analyzes the admissibility of data processing operations when assigning debts t... more The present paper analyzes the admissibility of data processing operations when assigning debts to new creditors - possible legal grounds and other important legal aspects. Particular attention is paid to the matter whether consent of the debtor for data processing is necessary for the lawfulness of the transaction. (Note: The publication is in Bulgarian)

KNOWLEDGE SOCIETY AND 21ST CENTURY HUMANISM, The 17th International Scientific Conference, Sofia, 1st November 2019, 2019

In May 2018, the application of the new European Data Protection Regulation (Regulation 2016/679,... more In May 2018, the application of the new European Data Protection Regulation (Regulation 2016/679, better known as GDPR) commenced. It substantially increased the requirements for organizations processing personal data. To be able to meet the new regulatory challenges, organizations must be able to define their roles in the processing of personal data with precision, because to the various roles correspond various in their nature and degree responsibilities. The present paper aims to analyze the key figures in the processing of personal data – data controller, joint controllers and data processor, providing practical guidance on how to distinguish them. Does each assignment contract automatically lead to a controller-processor relationship? When and for what purposes the processor may become a controller? The answers to these and other key questions about the parties’ roles in data processing are given in this analysis, including the same are being commented in the light of the recent practice of the Bulgarian Commission for Personal Data Protection, the supervisory authority for the Republic of Bulgaria under GDPR. (Note: The publication is in Bulgarian)

Labour and Law Magazine, Book 07, 2019

The present paper analyzes the admissibility of data processing operations during the staff recru... more The present paper analyzes the admissibility of data processing operations during the staff recruitment - possible legal grounds and other important legal aspects when hiring new personnel in the enterprise. (Note: The publication is in Bulgarian)

TITA Taxes Magazine, Book 122, Dec, 2019

The present paper analyzes the data protection aspects of personal data exchange between employer... more The present paper analyzes the data protection aspects of personal data exchange between employers and third-party vendors providing additional social security benefits such as the Multisport Card Service. The admissibility of consent as a legal ground for data processing under GDPR is examined in the light of the latest practice of the Bulgarian data protection supervisory authority. (Note: The paper is in Bulgarian)

Contemporary Strategies and Innovations in The Knowledge Management, 4, 2018

The present paper analyzes the possibility to introduce solely automated decision-making in comme... more The present paper analyzes the possibility to introduce solely automated decision-making in commercial arbitration from data protection perspective. Arbitration as an alternative dispute resolution mechanism is widely known for its speed and efficiency. In the same time, the capabilities of the modern technologies are not yet fully utilized by the arbitration community. If properly explored, they could further contribute to optimizing the decision-making process. The ultimate expression of this optimization would be the replacement of human arbitrators with computer-driven decision-makers. Subject to examination below is the question how the current data protection legislation addresses solely automated decisions that affect the rights and freedoms of citizens and what needs to be done from data protection perspective in order to introduce solely automated arbitration. (Note: The paper is in English)

Collection "European Citizens and Intellectual Property: Perception, Awareness and Behaviour", Collection with Papers of the Fifth National Seminar with International Participation 25-26th April 2018, Publishing House "Za Bukvite - O Pismenech", 2018

The period surrounding May 25, 2018 was marked by a sharpening public awareness of the issues rel... more The period surrounding May 25, 2018 was marked by a sharpening public awareness of the issues related to data protection. The new General Data Protection Regulation (GDPR) had a serious impact on many organizations processing personal data. And if the spotlight around this date was on the private sector, a very significant part of those who process personal data, namely public authorities, stayed out of the societal focus. This is why the present paper focuses precisely on the processing of personal data by public authorities, it analyses the capacity in which they process personal data and the applicability of the various legal grounds for personal data processing in the context of their activities. (Note: The paper is in Bulgarian)

Commercial and Contract Law Magazine, Book 4, Appendix, 2019

The present paper analyzes the peculiarities of legitimate interest - in practice one of the most... more The present paper analyzes the peculiarities of legitimate interest - in practice one of the most controversial and unclear legal grounds for personal data processing under GDPR. (Note: The paper is in Bulgarian)

TITA Taxes Magazine, Book 100, Feb, 2018

The present paper analyzes the most important changes introduced in Bulgarian legislation after G... more The present paper analyzes the most important changes introduced in Bulgarian legislation after GDPR. (Note: the paper is in Bulgarian)

LAP LAMBERT Academic Pubishing, 2019

The present paper analyzes the applicability of the data protection rules towards commercial arbi... more The present paper analyzes the applicability of the data protection rules towards commercial arbitration. This topic became especially relevant in the context of the adoption of the new data protection framework of the European Union, namely the General Data Protection Regulation (GDPR). GDPR imposes significant requirements for organizations engaged in data processing activities. The purpose of this is to support the main actors in commercial arbitration towards ensuring compliance with data protection legislation. In five chapters the author (i) examines the role of the arbitrators, arbitral institutions, appointing authorities and other key participants in the arbitration proceedings from a data protection perspective; (ii) analyzes the various types of personal data and the possible legal grounds for their processing in arbitration; (iii) focuses on the data subjects' rights under GDPR and their possible limitations in arbitration; (iv) describes the data governance obligations of data controllers in arbitration; (v) explores the future of arbitration and the possible usage of artificial intelligence. The book also contains a Model Privacy Policy for Arbitral Institutions.

Hot Topics of Labour and Social Security Law, Volume VII - Challenges to the Bulgarian Labour Legislation , 2015

The dynamics of social relationships connected with enforcement of obligations pose serious chall... more The dynamics of social relationships connected with enforcement of obligations pose serious challenges to the operative legislation concerning the imposition of distraint on labour remuneration. The present study is aimed at clarifying a certain part thereof, namely: which payments on the part of the employer are included in the term "labour remuneration", and, therefore, can be subject to distraint; what are the differences in the regulation of exemption from seizure under the Civil Procedure Code and under the Tax and Social Security Procedure Code in case of imposition of distraint on labour remuneration, and what are the practical issues they bring about; whether the rules on exemption from seizure are evaded in case security distraints are imposed on bank accounts into which the labour remuneration is received; and how should the employers act in case of concurrence of distraints. (Note: The publication is in Bulgarian)

Property and Law Magazine, Book 5, 2017

Automated data profiling (profiling) is one of the new phenomena of the information society. The ... more Automated data profiling (profiling) is one of the new phenomena of the information society. The present paper analyzes the definition of profiling, the prohibition of automated decision-making introduced in the data protection legislation, the rights of the data subjects against profiling, etc. (Note: The publication is in Bulgarian)

Scientific Conference with International Participation "Cloud Structures and the Protection of Information", Collection of scientific papers. Shumen, 2016

The processing capacity of modern technologies can be used for protection of national security. T... more The processing capacity of modern technologies can be used for protection of national security. The automated data profiling however raises many legal and ethical questions concerning the privacy and the balance between the interests of the individual and the society. The present paper analyzes its applicability in the context of national security and the possible implications for the fundamentals rights and freedoms in the democratic society (Note: The paper is in Bulgarian)

KNOWLEDGE SOCIETY AND 21st CENTURY HUMANISM, Za bukvite O Pismeneh, 14th national scientific conference, 01.11.2016, 2017

For more than 2 decades the EU legal framework of personal data protection was Directive 95/46/EC... more For more than 2 decades the EU legal framework of personal data protection was Directive 95/46/EC. The rapid technical progress and the globalization led to data protection reform in EU and the adoption of Regulation 2016/679. This paper analyzes some of the most significant innovations in the Regulation – the amended definitions of personal and sensitive data, the new rights of data subjects and the new obligations of the data controller, etc. (Note: The publication is in Bulgarian)

Commercial and Contractual Law Magazine, Book 9, 2014

The present paper analyzes the possibility to bear criminal liability for non-declaring insolvenc... more The present paper analyzes the possibility to bear criminal liability for non-declaring insolvency in the light of Bulgarian legislation and case law. (Note: the publication is in Bulgarian)

Modern Dimensions in European Education and Research Area, Vol. 5, 2017

The development and proliferation of information and communication technologies (ICT) enables the... more The development and proliferation of information and communication technologies (ICT) enables the generation, recording and storage of huge amounts of data that were previously unthinkable to have been saved in everyday life (e.g. measuring heart rate, recognition by fingerprints, retina and other biometric data, etc.). The timely discovery of the valuable information in the massive data flow turns into one of the main challenges for today’s information society. In that context, the pattern recognition in so called “Big Data” proves to be an innovative form of finding new implicit knowledge with enormous potential. The present paper defines the terms “Big Data” and “data mining” and examines the way they can be used in practice by individuals, private companies and public authorities. (Note: The publication is in Bulgarian)