Enhanced Control of the Commission for Protection of Competition – Ex officio Investigation of Competition Infringement

In accordance with the Law on Protection of Competition that entered into force in 2009 and was amended in 2013 (the “Law”), the Commission for Protection of Competition (“Commission”) instituted ex officio antitrust proceedings for possible infringement of competition rights in the market of the Republic of Serbia against domestic legal entities dealing with retail and/or wholesale in consumer electronics. Namely, based on the Eurostat (European statistics published by the European Commission) data for 2019, the Commission established that the prices of consumer electronics in the Republic of Serbia were by 13 percent higher than the EU average prices. The...

Publishing of Employment-Related Documents on Notice Board – Does It Constitute a Breach of Employees’ Personal Data?

The answer to this question is rather simple – no, by publishing employment-related documents on notice board the employer is not violating personal data of employees that such documents refer to. The reason for this lies in the fact that the Law on Labour contains a basis for undertaking such activity. What is more, this is controller’s legal obligation by virtue of Article 12, para. 1, item 3) of the Law on Personal Data Protection (“LPDP”). Namely, the Law on Labour prescribes a special procedure for serving to the employees the decisions on exercising of rights, obligations and responsibilities, including...

Amount of Minimum Work Price Increased in 2021

The Government of the Republic of Serbia has adopted a Decision on the Amount of the Minimum Work Price for the period January-December 2021, which was published in the Official Gazette of the RS no. 116 dated September 16, 2020. The amount of minimum work price The amount of the minimum work price, without taxes and contributions for mandatory social insurance is increased from 172.54 RSD to 183.93 RSD (net amount) per working hour. Therefore, the minimum work price in Serbia in 2021 will be increased by 6.6%. For example, the minimum work price for a month with 160 working...

International Day for Universal Access to Information

On 17 November 2015, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) proclaimed 28 September as the International Day for Universal Access to Information and on 15 October 2019 it was also proclaimed by the UN General Assembly. The respect for the freedom of opinion and expression was thus emphasised, including the right to seek, obtain and declare information, which was contained both in the Universal Declaration of Human Rights and in the International Pact on Civil and Political Rights. What is information of public importance? According to the valid Law on Free Access to Information of Public Importance...

Portal e-Auction Has Been Launched

The Law amending the Law on Enforcement and Security (Official Gazette of RS no. 54/2019) stipulates that, starting from 1 September 2020, public bidding for sale of immovable and movable assets in enforcement procedure may be organised exclusively in form of electronic public bidding. This form of public bidding regulation was aimed at strengthening legal certainty through more transparent and more efficient procedure as well as prevention of possible abuse. The Ministry of Justice adopted a Rulebook on organisation and procedure of electronic public bidding (Official Gazette of RS no. 14/2020, “Rulebook”), which regulated in more detail the organisation and...

Easier Access to Registered Data Related to Health Care Institutions – Introducing Public Register of Health Care Institutions

In line with the new Health Care Law (“Law“) which came into force on April 11, 2019, the Business Registers Agency (“BRA“) announced the establishment of a new Register of Health Care Institutions on October 11, 2020, after which the Health Care Institutions, both private and public owned, shall be obliged to harmonise with the Register of Health Care Institutions maintained by BRA. Apart from this Register, the BRA shall also maintain the Uniform records of health care subjects, containing unified data regarding health care institutions and private practices on the territory of the Republic of Serbia. The new Register...

Personal Data Breach: When Private Becomes Public

Independent data protection authorities (“DPA”), such as Commissioner for Information of Public Importance and Personal Data Protection in the Republic of Serbia (“Commissioner”), have significant role and authorities in case of personal data breach. Quis custodiet ipsos custodes? (Who watches the watchers?) Since DPAs are also the controllers of certain personal data, breach of personal data may also refer to some data under their control. This has recently happened to the Danish DPA – Datatilsynet. Namely, at the end of August, Datatilsynet published a notice on personal data breach on its premises which occurred when paper waste containing documents with...

Consumer Protection: Right to Complaint for Nonconformity of Goods and Sellers’ Obligations

The Law on Consumer Protection (Official Gazette of RS no. 62/2014, 6/2016 – other law and 44/2018 – other law; “LCP 2014“) prescribes seller’s liability for non-conformity of goods that occurs within a period of two years after the transfer of risk to the consumer. What is actually conformity of goods? The term conformity was introduced into the domestic legal system in 2010, by adoption of the Law on Consumer Protection (Official Gazette of RS no. 73/2010, “LCP 2010“). In general, conformity means that a consumer has been delivered goods with appropriate characteristics as to their use, hence this institute...

New Set of NBS Measures to Facilitate Citizens’ Access to Financing

On 17 August 2020, the National Bank of Serbia (“NBS”) adopted the Decision on temporary measures for banks to facilitate access to financing for natural persons (“Decision”), which was published in the Official Gazette of RS no. 108 on 20 August 2020 and which will enter into force on 28 August 2020. The Decision provides conditions for easier access to financing for citizens and establishes temporary measures and activities that banks may implement to that end. The Decision prescribes three sets of temporary measures that should facilitate access to housing loans for citizens, thus supporting real sector i.e. construction industry...

What is Programme “My First Pay” and Who Can Apply?

The Government of the Republic of Serbia adopted the Regulation on programme of incentives for youth employment “My first pay” (“Regulation”), which was published in the Official Gazette of RS no. 107 of 14 August 2020 and entered into force on 15 August 2020. The programme of incentives for youth employment “My first pay” (“Programme”) is implemented for the purpose of training 10,000 young people for independent work and the Republic of Serbia will invest two billion dinars in the Programme implementation. Employers eligible for Programme participation Employers from private and public sectors are eligible to participate in the Programme,...