Preparations for the Start of Operation of the Temporary Employment Agencies

The Law on Agency Employment (“LAE”) was adopted in December 2019 and its full application will commence on 1 March 2020. The beneficiary employers who used to settle their need for labour through staff leasing will have to adjust their operation to new legislative framework. Among other, instead of the usual agreements on business cooperation, the beneficiary employers will have to conclude a prescribed staff leasing agreement with the service provider – agency for temporary employment. In order to perform the activities of staff leasing in terms of LAE, the agencies will have to meet the requirements stipulated in the...

New Rules on the Use of Drones in Serbia

Following the trend of stricter regulations enacted in the US (Federal Aviation Administration) and somewhat milder rules of the European Union Aviation Safety Agency which recently published a set of rules for flying drones in Europe, based on the European Union’s Implementing  Regulation (EU) 2019/947 of May 24, 2019, the new Rulebook on unmanned aircraft system will start to apply in Serbia as of February 15, 2020. Unlike the previous Rulebook of 2015, which referred to the unmanned aircraft systems with the operating mass exceeding 0.5 kg, with the maximum speed exceeding 20m/s and maximum height up to 10m, technological development and the need...

IP News – New Law on Trademarks Adopted

The Assembly of the Republic of Serbia adopted the Law on Trademarks, which will start to apply from 1 February 2020. The formal reason for adopting a new law is alignment with the EU acquis, notably the Directives 2004/48/EC and 2015/2436/EU. The law introduces several novelties in protection and exercising of the right to trademark, some of which will have substantial impact on the import of branded goods in the Republic of Serbia. Parallel import is allowed again In brief, parallel import means that any economic entity may import and put certain products on the market of the Republic of...

Obligation of Foreign Controller and Processor of Data to Appoint Representative in the Republic of Serbia

The valid Serbian Law on Personal Data Protection (“LPDP”), which has been in full application since 21 August 2019, has extraterritorial application alike the GDPR (General Data Protection Regulation). Is my company with seat outside the Republic of Serbia obliged to appoint representative under the LPDP? It depends on the nature of processing activities which you, as controller or processor, perform. The LPDP applies to the processing of personal data of the persons with residence i.e. domicile in the territory of the Republic of Serbia, by controller i.e. processor that does not have a seat, domicile or residence in the...

Have you Appointed Data Protection Officer?

The valid Serbian Law on Personal Data Protection (“LPDP”) has been in full application since 21 August 2019. Alike the GDPR, the LPDP envisages the appointment of Data Protection Officer. Is my company obliged to appoint the Data Protection Officer? The answer to this question depends on several factors. First you need to establish whether your company is data controller or data processor in terms of LPDP. Then you need to run a qualitative test regarding processing activities and types of personal data that you process. In particular, if the core activities of your company, as controller or processor, comprise...

Deadline for Registration of Ultimate Beneficial Owners Expires on 31 January

The Serbian Law amending the Law on Central Records of Ultimate Beneficial Owners has been applied since 1 January 2020. The Law extended the deadline for the existing entities to register their ultimate beneficial owners (“UBO”) no later than January 2020 and it introduced stricter provisions on supervision over the implementation of the law. Deadline for registration of UBO - again? The Law on Central Records of Beneficial Owners (“LCRBO”) was adopted in 2018, implying an obligation of all registered entities thus far to record their UBO by the end of January 2019. Although the legislation of the Republic of...