PRess

November 30, 2022

Can Antitrust Authorities Assess Personal Data Breaches Within Their Investigations?

According to a non-binding opinion delivered on September 20, 2022, by Athanasios Rantos, influential adviser to the European Court of Justice, antitrust authorities may also assess infringement of personal data protection rules during their investigations. Connection between protection of competition and personal data Namely, according to the subject opinion, although so-called antimonopoly authorities do not have a direct jurisdiction over the personal data protection issues, they are allowed to, within the enforcement of their authorisations, assess the compliance of market participants with regulations governing the respective matter (primarily GDPR), considering that the use of personal data of customers/users can lead...

November 21, 2022

Deadline for adjusting the address of registered seat with the amendments to the Companies Law is 27 November 2022 – or is it?

On 17 November 2021, the National Assembly of the Republic of Serbia adopted the Law amending the Companies Law (Official Gazette of RS no. 109/2021) (“the Law“) that entered into force on the eighth day upon its publishing in the Official Gazette of the Republic of Serbia. These amendments significantly changed Article 19 of the Law that regulates company’s registered seat in the Republic of Serbia, prescribing that: Address of company seat implies city, municipality, inhabited place, street or square, house number and apartment number, in accordance with the law regulating territorial organisation. Considering that the mentioned amendments of the...

November 16, 2022

Software Legality – Who is in Charge of Control?

The Law on Amendments to the Law on Special Authorisations for the Purpose of Efficient Protection of Intellectual Property Rights was published in the Official Gazette of RS no. 129/2021 of December 28, 2021, which piece of regulation governs special authorisations of public administration authorities and organisations that exercise public prerogatives for the purpose of efficient protection of intellectual property rights, in compliance with legislation governing the respective rights. Amendments to the Law According to the subject amendments to the Law on Special Authorisations for the Purpose of Efficient Protection of Intellectual Property Rights (Official Gazette of RS no. 46/2006,...

November 02, 2022

Removed Uncertainties about the Issuance of Fiscal Invoices

An updated version of the Technical Guideline for Administrative and Technical Overview of Functionalities of ESIR or L-PFR - Version 1.14 (“Technical Guideline”) was published on the website of the Tax Administration on October 25, 2022. Namely, considering the questions that frequently emerged in practice since the beginning of application of the Law on Fiscalisation (Off. Gazette of RS no. 153/2020) on January 1, 2022, about which we have previously written (available here and here), which replaced the Law on Fiscal Registers (Off. Gazette of RS no. 135/2004 and 93/2012) and introduced a completely new model of fiscalisation, this updated...

October 26, 2022

Publishing Personal Data without Consent of a Data Subject

The Spanish personal data protection authority has recently fined a natural person with EUR 10,000.00 for publishing personal data of a third person without the latter’s consent on an online blog. Facts Acting upon a complaint of the person whose personal data were published, the respective authority established that the person against whom the subject complaint was filed published for a certain period on their online blog the name and video of the character, and otherwise implicitly indicated the personality of the complainant, which practice was not suspended even after the receipt of request from the complainant or court order....

October 19, 2022

Incentives for Employment of New Residents in Serbia

On 18 June 2022, the Regulation on Criteria for Awarding Incentives to Employers who Employ New Residents in the Republic of Serbia, published in the Off. Gazette of RS no. 67/2022 (“the Regulation”), entered into force. Content of the Regulation According to its title, the Regulation prescribes the criteria for awarding incentives to employers who employ new residents in the Republic of Serbia for whom there is a need that cannot be easily fulfilled in domestic labour market. By virtue of the Regulation, the employer is a domestic or foreign natural person or legal entity, or an entrepreneur registered for...

October 12, 2022

When is a data protection officer in a conflict of interest?

The Icelandic data protection authority (Persónuvernd) (“DPA”) recently held that there is a conflict of interest if a data protection officer in a company simultaneously acts as a representative, i.e., member of the same company’s management. Investigation enforcement The respective decision was enacted after the DPA investigated operations of an Icelandic genetic research company. Namely, during the investigation, the DPA requested from the company to provide certain data to examine if the company’s data protection officer is compliant with provisions of Article 38 of the GDPR. Outcome of the procedure Having implemented the appropriate procedure, i.e., actions, the DPA concluded...

October 05, 2022

Sephora Violated Consumer Privacy Regulations

Sephora has recently undertaken to pay USD 1.2 million for violating California Consumer Privacy Act, which regulates, i.e., limits the collection and sharing of consumers' personal data, and thus guarantees to consumers certain rights in that regard. Facts The said cosmetic brand has been subject to the critics after California Attorney General established that it failed to disclose to consumers that it was selling their personal information, nor did it allow them to withhold their consent to performing such activities. Namely, Sephora illegally monitored online activities of its customers by allowing third parties to install tracking software on its website,...

September 28, 2022

Increase of the Minimum Salary from January 1, 2023

The Government of the Republic of Serbia has passed the Decision on the Amount of the Minimum Price of Work for the Period January - December 2023, which was published in the Official Gazette of RS no. 105/2022 dated September 14, 2022, and which shall be applied as of January 1, 2023 (“Decision”). As a reminder, pursuant to the provisions of Article 112 of the Labour Law, the minimum price of work is determined by the Social and Economic Council, considering in particular: existential and social needs of employees and their families expressed through the minimum consumer basket, employment rate...

September 21, 2022

Regulation of the rights and obligations of directors outside the employment relationship

One of the questions that is often risen in practice is whether there is an obligation to conclude a contract with an individual who is registered as a legal representative, i.e., director of a company, and who does not establish an employment relationship in that company. In relation thereto, there are also inquiries whether it is mandatory to provide for a compensation for the work of a director who is not employed with the company, as well as what are the tax obligations of the company regarding the compensation that a director receives for performing the respective capacity. We will...

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