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October 13, 2021

The Case of Finnish Police – What is Problematic with Processing of Biometric Personal Data?

Deputy Data Protection Ombudsman recently issued a reprimand to Finnish National Police Board for unlawful processing of special categories of personal data, i.e. use of controversial software for facial recognition by the Finnish National Bureau of Investigation for the prevention of child sexual abuse. The Action of Finnish Police Namely, the trial version of the subject software was used in early 2020, for identification of potential victims, without the approval or supervision of the National Police Board as personal data controller, which is liable to ensure that all parties engaged by the police are familiar with applicable regulations and procedures,...

September 30, 2021

Repeal of the Obligation to Include a Disease Code in the Report on Temporary Inability to Work

The Ministry of Health passed a new bylaw within the health care system. The Rulebook on Forms in Health Care System was published in the Official Gazette of RS no. 31/2021 on March 31, 2021, and entered into force on April 8, 2021 (the “Rulebook”). With the entry into force of the Rulebook, the Article 109, point 10 of the Rulebook on Manner and Procedure of Exercising the Right to Compulsory Health Insurance (Official Gazette of RS no. 10/2010, 18/2010 - amended, 46/2010, 52/2010 - amended, 80/2010, 60/2011 - decision of the CC, 1/2013, 108/2017, 82/2019 - other rulebook) ceased...

September 27, 2021

New Fiscalization Model – New Payers and New Rules, but also Subsidies

Application of the Law on Fiscalization (Official Gazette of RS no. 153/2020) (“the Law”), that we have discussed before, which has repealed Serbian Law on Fiscal Cash Registers (Official Gazette of RS no. 135/04 and 93/12) by entering into force on December 29, 2020, will start on January 1, 2022 (except for several provisions that have already started to apply, on the day of entry into force). The regulation concerned, along with the set of by-laws enacted for its implementation, introduces a completely new model of fiscalization, which - among other things - implies a wider circle of taxpayers who...

September 23, 2021

An Increase of a Minimum Wage from 1 January 2022

The Government of the Republic of Serbia passed the Decision on the level of minimum labour wage for the period January – December 2022 and it was published in the Official Gazette of RS no. 87/2021 of 10 September 2021, while it shall apply from 1 January 2022 (“the Decision”). Please note that, according to Article 112, paragraph 6 of the Labour Law, minimum labour price is established by working hour excluding taxes and benefits (net amount), for a calendar year, no later than 15 September of the current year and it is applied from 1 January the following year....

September 17, 2021

COVID-19, Employers and Employees – Between Health Protection and Personal Data Protection

COVID-19 pandemic has undoubtedly brought significant changes not only to the everyday life of citizens but also to the operations of business entities, i.e. to the way of establishing and conducting the work process. One of the current issues, i.e. a question which is lately often asked, is the permissibility and justification of so-called COVID passes, especially in the context of their introducing as a condition for employees to access their workplaces. Namely, on the one hand, the employer's interest is to ensure the stable running of the work process, while also having the liability to organize it in a...

September 13, 2021

New Consumer Protection Law – What’s New?

On September 9, 2021, the National Assembly of the Republic of Serbia adopted a new Consumer Protection Law, which is published in the Official Gazette of the Republic of Serbia no. 88/2021, and which enters into force on September 19, 2021, whereby it shall become applicable three months following its entry into force (except for the Articles 149-169, relating to the consumer complaints and out-of-court settlement of consumer disputes, which shall become applicable six months following the entry into force) (the “CPA”). In the official proposal of the adopted CPA, it is stated that the main intention of its adoption...

August 31, 2021

Completion of Regulatory Framework for Electronic Invoicing

Pursuant to the Law on Electronic Invoicing (that we analysed in the article available here), several by-laws have been recently adopted and published in the Official Gazette of RS no. 69 of 9 July 2021: Regulation on conditions and manner of using the invoice management system Regulation on conditions and manner of keeping and placing at insight electronic invoices and the manner of securing credibility and integrity of paper invoice contents Regulation on the procedure and conditions for granting and revoking consent for performing the activities of information mediator Rulebook on the manner of operation of central information mediator Rulebook...

August 26, 2021

We’re Hiring a Legal Trainee!

We are currently looking for a Legal Trainee to join the firm's team with: Bachelor of Laws degree; Excellent written and verbal communication skills; Strong interpersonal, writing and analytical skills; Keen attention to detail; Written and spoken fluency in English; Proficient use of Windows, MS Office. To apply for this position please send your CV via email to recruitment@prl.dev1.symbiotica.rs. Closing date for applications is September 10, 2021. Only selected candidates will be contacted. All submissions will be treated confidentially. Please read our Privacy Policy to learn how we process your personal data.

August 26, 2021

New Requirements for Application and the Amounts of Fee for Beneficiaries of “My First Pay” Program

In 2020, the Government of the Republic of Serbia adopted a Regulation on programme of incentives for youth employment “My first pay” (Official Gazette of RS no. 107/2020) which entered into force on 15 August 2020 and about which we already wrote in the article available here. The Regulation amending the Regulation on programme of incentives for youth employment “My first pay” was published in the Official Gazette of RS no. 79 from 6 August 2021 (“Regulation”) and it has been in force since 14 August 2021. The Regulation also amended certain requirements regarding the amount and payment of fee,...

August 15, 2021

Legitimate Interest of Controller as a Legal Basis for Personal Data Processing – Do You Know How to Apply it Properly?

Processing of personal data is lawful if it is based on one of six legal bases stipulated in Article 12 of the Law on Personal Data Protection (Official Gazette of RS no. 87/2018) ("LPDP”). In other words, if processing is not founded on either of these bases, it is unlawful. Unlike the previous law, the LPDP introduced into our legal system the legitimate interest of controller or a third party as one of the bases for personal data processing. More particularly, the LPDP stipulates that processing shall be lawful if it is necessary for the purpose of realising legitimate interests...

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