PRess

August 11, 2020

Privacy Shield Does Not Shield the Privacy: EU-US Mechanism for Data Transfer Declared Invalid

Privacy Shield is a legal mechanism that has been used since 2016 as a basis for data transfer from the EU to the US. Controllers subject to the Serbian Law on Personal Data Protection (“LPDP”) could also use the benefits of this arrangement given the relevant provisions of the LPDP and special decisions of the Government of the Republic of Serbia. On 16 July 2020, the European Union Court of Justice declared invalid the decision of the European Commission 2016/1250 on the EU-US Privacy Shield arrangement. This decision had significant consequences, notably regarding the entities subject to GDPR, including the...

August 06, 2020

COVID-19 Update: Second Package of Economic Measures Adopted to Assist the Economy

On 30 July 2020, the Government of the Republic of Serbia adopted a decision on direct payments and fiscal benefits for economic entities in private sector, with a view to mitigate economic consequences of COVID-19. What are the measures? This package implies the payment of two 60% minimum salaries per employee, as well as delay of obligation to pay salary taxes and contributions for one month. Implementation of measures will start immediately, so that the first RSD 18,220.00 (approx. EUR 155.00) will be paid to special COVID-19 accounts of employers by 10 August, whereas the second payment is due in...

July 31, 2020

COVID-19 Update: New Moratorium on Obligations to Banks and Leasing Companies

The National Bank of Serbia passed a Decision on temporary measures for banks for mitigating the consequences of COVID-19 pandemic for the purpose of preserving financial system stability and Decision on temporary measures for financial leasing companies for mitigating the consequences of COVID-19 pandemic for the purpose of preserving financial system stability, which entered into force on 28 July 2020. These decisions provided debtors with another delay in payment of obligations to banks and leasing companies that are due in the period from 1 August 2020 until 30 September 2020, inclusive. Moratorium application Moratorium shall apply to: Obligations of debtors...

July 22, 2020

Obligation for Employers to Update the Data in the Central Register of Mandatory Social Insurance

The Law on Central Register of Mandatory Social Insurance (“ZOCROSO”) was amended at the end of 2019 and the most important novelty was the extension of deadline for employers to adjust to the Decision on single codebook for entry and codification of information in databases in the field of labour, enacted in 2018 (“the Decision“). Namely, employers i.e. applicants of single application shall be obliged, by 1 January 2021, to update the previously entered information in the single database CROSO, as regards the following: Occupation, according to classification of occupations, which is required for employment in certain jobs and/or positions;...

July 16, 2020

PR Legal Won a Final Judgment in Favour of Strauss Adriatic for Infringement of “C KAFA” Trademark

PR Legal team, led by its partner Milan Petrović, won a lawsuit for infringement of the renowned trademark “C KAFA“. In this lawsuit, PR Legal represented licence holder – company Strauss Adriatic, member of Strauss Group, one of the leading manufacturers and distributers of coffee in the country and abroad. This important judgment was passed following a litigation that was run for several years against a local coffee manufacturer for imitation of “C KAFA“ trademark that is well known in Serbia and in neighbouring countries as a symbol of high reputation. Beside establishing the trademark infringement, the judgment also prohibited...

July 15, 2020

Do Not Forget: Deadline for Application for the Establishment of Fee for Protection and Improvement of the Environment Expires on 31 July

The Law on fees for the use of public goods (“the Law“) prescribes an obligation for legal entities and entrepreneurs that are deemed to have negative environmental impact to pay the fees for protection and improvement of the environment (“Eco-fee“). Payers The law prescribes the following fee payers: Legal entities and entrepreneurs performing certain activities with impact on the environment i.e. natural person making impact on the environment. Owners of freight vehicles and/or persons carrying out transport of oil and oil derivatives, raw materials, products and semi-products of chemical and other hazardous substances from industry or for industry in the...

July 08, 2020

Here We Go Again: New Obligations for Employers Regarding Preventive Measures at Workplace

In accordance with the Law on Health and Safety at Work, the Ministry of Labour, Employment, Veteran and Social Affairs passed a Rulebook on preventive measures for safe and healthy work for prevention of onset and spreading of epidemic of communicable disease (“the Rulebook”), published in the Official Gazette of RS no. 94/2020 on 3 July 2020 that will enter into force on 11 July 2020. Reasons for Rulebook adoption Having in mind that the Order on declaration of epidemic of communicable disease COVID-19 of 19 March 2020 is still in force, the new Rulebook prescribes preventive measures that an...

June 30, 2020

Obligation to Document the Cost of Commuting To and From Work Has Not Been Abolished

The obligation to provide evidence for commuting costs that was introduced last year, first through the opinion of the Ministry of Finance on interpretation of tax regulations in February and subsequently by amendment to the Law on Income Tax of December 2019, was neither welcomed by employees nor by employers. Instead of receiving reimbursement for commuting to and from work that was provided by the Labour Law without any additional requirements, employees have to prove the amount of commuting costs by providing relevant evidence (prepaid ticket, fuel receipt etc.). On the other hand, the obligation to document costs also burdened...

June 26, 2020

Determination of Property Origin and Special Tax – Rings a Bell?

At the beginning of March 2020, the Law on determination of property origin and special tax (“LDPOST” or “the Law”) was enacted and entered into force in Serbia. The application of the law has been postponed and it is due on 12 March 2021. The regulations on the matter of property origin and the related taxation have been adopted before. We recall the 2001 Law on lump-sum taxation of extra income and extra property acquired through special privileges, which was adopted during a wave of political changes in the Republic of Serbia. However, this law did not bring the expected...

June 15, 2020

Alternative Investment Funds: What Does the New Law Bring

National Assembly of the Republic of Serbia adopted the Law on Alternative Investment Funds (“The Law”) which came into force on 19 October 2019 and which became applicable on 20 April 2020. Reasons for passing the Law The main purpose for adopting the new Law was harmonization of Serbian legal system with the legal system of the EU, the improvement of the capital market, as well as the need to provide a higher level of protection in case of risky investments of alternative investment funds and to define more closely and in more detail the rules that exist in relation...

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