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February 26, 2025

Obligations of Traders in Advertising Food Products

The Assembly of the Serbian Chamber of Commerce (“SCoC”) recently adopted the Code of Practice for Advertising by Wholesale and Retail Traders of Food Products (“Code”), which entered into force on January 1, 2025. The purpose of the Code is to support wholesale and retail traders of food products in the Republic of Serbia in advertising and to regulate compliance with ethical principles and fundamental advertising standards. By implementing the Code in practice, the following objectives are intended to be achieved: Increase consumer trust in advertising and marketing communications, Provide effective solutions to consumer protection issues from unethical advertising, Reduce...

February 21, 2025

Employee Not Performing Work – Does They Still Have the Right to a Salary?

When, during the employment, an employee does not perform work or is absent from work for reasons that do not guarantee them right to compensation, they are not entitled to salary for that period. At the same time, the employer is obliged to pay contributions for mandatory social insurance, based on the lowest prescribed contribution base. Income tax is not paid in such cases because no income has been paid. On the other hand, in the ruling case no. Gž1 3825/22 from August 31, 2023, the Court of Appeal in Kragujevac took a different stance. By paying contributions on behalf...

February 19, 2025

The Commission For Protection Of Competition Conducts Sectoral Analysis in the Pharmaceutical Industry

The Commission For Protection Of Competition of the Republic of Serbia ("Commission") recently announced that it will conduct a sectoral analysis of the pharmaceutical industry, specifically examining market conditions and competition in the human drug market in Serbia. This decision comes in light of increasing regulatory oversight and the need to assess competitive conditions in this key sector. The announced sectoral analysis commenced with the distribution of questionnaires to pharmacy institutions operating a larger number of retail outlets, aimed at gathering essential data for the analysis. Throughout the sectoral analysis, the Commission will review medicines listed under the reimbursement scheme...

February 14, 2025

Recent Changes in Record-Keeping in the Field of Occupational Safety and Health

A new Rulebook on the Method of Keeping Records and Retention Periods in the Field of Occupational Safety and Health (Official Gazette of the RS No. 5/2025) (“Rulebook”) was recently adopted. It came into effect on January 25, 2025, and will be applied starting from April 28, 2025. The Rulebook completely replaces the previous Rulebook on Records in the Field of Occupational Safety and Health (Official Gazette of the RS No. 62/2007 and 102/2015). The Rulebook maintained the obligation to keep all records that were prescribed under the previous rulebook. The content of the Rulebook has been expanded to include...

February 12, 2025

Data Minimization: Less is More in Privacy Protection

In the era of digital communication and widespread internet use, the collection of personal data has become a routine practice, often without deeper consideration of whether such data is truly necessary. One common example is the requirement to indicate gender when creating an online account, purchasing products and services via online platforms, or for personalizing communication in promotional emails. However, the question arises: is collecting such data truly necessary, and is this practice in line with the principles of personal data protection? Legal Framework in Serbia: The Principle of Data Minimization The domestic legal framework recognizes the importance of limiting...

February 07, 2025

Do Lawyers Have the Right to Collect Personal Data from State Authorities?

As part of their work, lawyers often require access to personal data from state authorities, companies, and other entities to provide legal assistance to their clients. This right is established by the Law on the Legal Profession. However, in practice, institutions frequently refuse to disclose such information to lawyers, In reference to regulations on personal data protection. The issue of lawyers’ right to collect data has been brought before the Commissioner for Information of Public Importance and Personal Data Protection (“Commissioner”), whose official opinion on this matter was published in the latest edition of the Commissioner’s Collection of Opinions, Positions,...

February 05, 2025

Transaction Agreements in Focus: SPA vs. STA

In Serbian corporate and commercial law, two key agreements play a crucial role in share transfer transactions. While they may seem similar at first glance, their legal functions and consequences differ significantly. Understanding these differences, along with the specifics of their application, is essential for successfully executing a transaction. SPA vs. STA: What’s the Difference? 1. Share Purchase Agreement (SPA) An SPA is a contractual document between the seller and the buyer that defines the terms of the share sale. It includes key elements such as the purchase price, conditions precedent (“CPs”), warranties, representations, indemnities, and closing mechanisms. The SPA...

January 31, 2025

New Registration Method of Non-Categorized Hospitality Accommodation Facilities

Based on the Law on Hospitality, a new Rulebook on the Registration of Non-Categorized Hospitality Accommodation Facilities (Official Gazette of the Republic of Serbia No. 3/2025) ("Rulebook") has been adopted, and came into force on January 18, 2025. The Rulebook regulates the procedure for the registration of non-categorized hospitality accommodation facilities. A non-categorized accommodation facility is defined as a hospitality establishment that does not possess official categorization but is registered to provide accommodation services in the Central Information System for Hospitality and Tourism, eTurista. Such facilities may include hostels, guesthouses, lodges, ethno houses, villas, rest areas, etc. The Law on...

January 29, 2025

Is the viral Birkin bag imitation from Walmart actually legal?

The internet loves a good deal, especially when it mimics luxury products seen on celebrities and influencers. Recently, a bag advertised on Walmart’s website as inspired by a famous design went viral as an imitation of the iconic Birkin bag by Hermès. Priced much lower than the Birkin bag—which often costs tens or even hundreds of thousands of dollars—the popularity of this bag has sparked debates on style, affordability, and most importantly, legality. So, is the viral Birkin bag imitation from Walmart actually legal? What Defines an Imitation? An imitation, in terms of the English word “dupe,” generally refers to...

January 22, 2025

Unauthorized Monitoring of Employees’ Email – A Case from Italian Practice

This article analyzes the Decision of the Italian Data Protection Commissioner ("Commissioner") No. 472 of July 17, 2024 ("Decision"), which concerns the monitoring of employees' official computers and emails, and the protection of personal data in accordance with Italian regulations and the General Data Protection Regulation of the European Union, which was adopted on April 14, 2016, and came into force on May 25, 2018 (“GDPR”). Relevant Provisions of the GDPR Article 5 of the GDPR outlines the principles regarding the processing of personal data. Personal data must be: Processed lawfully, fairly, and transparently in relation to the individuals whose...

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