In this article, we address the issue of the redistribution of working hours, specifically the conditions and limitations for its introduction and application within a single calendar year.
Can Legitimate Interest Be Based on Purely Commercial Interests of the Data Controller? The CJEU Confirms That It Can
The Court of Justice of the European Union (“CJEU”) has recently rendered a significant judgement regarding the interpretation of legitimate interest as a legal basis for personal data processing. Deciding on a case involving the fine imposed by the Dutch data protection authority (“AP”) on the Royal Dutch Tennis Association (“KNLTB”) for sharing its members’ personal data for commercial purposes, the CJEU confirmed that legitimate interest can cover purely commercial interests. This decision is important for both EU member states and Serbia, where there is still no clear practice or opinion from the competent authorities on the lawful application of data processing based on legitimate interest.
E-Delivery Note: Public Debate Opened on the Draft Law on Electronic Delivery Notes
At the end of last year, the Ministry of Finance announced the improvement of the Electronic Invoicing System (known as SEF), which will consist of various modules. Certainly, the most significant module will still be the E-Invoice, which has already been in use by business entities since January 1, 2023. Along with it, new modules such as the E-Delivery note, E-Excise, and E-Customs will also be integrated.
Increase in the Minimum Salary Effective January 1, 2025
The Social and Economic Council of the Republic of Serbia passed the Decision on the amount of the minimum salary for the year 2025. The Decision was published in the Official Gazette of the Republic of Serbia No. 74/2024 on September 4, 2024.
Exemption from Tax on Capital Gains Realized from the Transfer of Copyright, Related Rights, and Industrial Property Rights
In the Official Gazette of the Republic of Serbia no. 71, dated August 16, 2024, a new Rulebook on Tax Exemption on Capital Gains Realized from the Transfer of Copyright, Related Rights, and Industrial Property Rights (“Rulebook“) was published.
Pay-or-Okay: Guidelines of the European Data Protection Board
As we wrote in our earlier article, according to the decision made by the German data protection authority at the end of last year, the use of the “pay-or-okay” principle is generally allowed. This model involves a cookie notice (via a so-called cookie banner) on a website, giving the user the choice between:
How to Address the Issue of Authorship When Publishing a Photograph by an Unidentified Author?
Recently, the Court of Appeal in Belgrade, in its ruling No. Gž4 168/22 dated May 30, 2024, addressed the issue of determining copyright infringement in a case where, at the time of publication of the work, a different author was credited as the author.
Offer of an Annex to the Employment Contract: Is There a Delay in the Deadline for Employee Response During Temporary Work Incapacity?
In Judgment No. Rev2 1986/22 dated November 24, 2023, the Supreme Court took the position that the days during which the employee was on sick leave cannot be counted in the eight-day period within which the employee is obligated to respond to the offer of an annex to the employment contract, starting from the date of receipt of the offer.
Legal Regulations Regarding the Status of Freelancers
Although not recognized in domestic legislation for a long time, freelancers finally saw a resolution to their long-standing battle for legal recognition of their status by the end of 2022. Amendments to the Law on Personal Income Tax (“Law”), which followed months of protests and negotiations with relevant authorities, officially established and regulated the status of this category of workers. This legal framework now clearly defines their rights and obligations in a transparent manner.
The Corner Office: Onboarding Clients
In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. With managing firm clients being a critical aspect of firms’ operations, we asked: What are the three most important elements when onboarding a new client?
Environmental Protection Charge in Case of Business Activities Conducted in Multiple Local Government Units
In accordance with the Law on Charges on Usage of Public Goods (“Law“), the Government of the Republic of Serbia, in April 2024, adopted the Regulation on Criteria for Determining Activities that Impact the Environment and the Amounts of Fees (“Regulation“).
Artificial Intelligence and Patent Law
Amidst the adoption of the Artificial Intelligence Act by the European Union Council, as the world’s first legislation setting a global standard for regulating artificial intelligence (“AI“), we are entering into the still unregulated territory of the relationship between patent law and AI.
Use of Video Surveillance Footage as Evidence in Disciplinary Proceedings
In this article, we address a common question in practice – under which conditions can an employer use video surveillance footage in disciplinary proceedings against an employee?
Legal Regulation of Artificial Intelligence: European AI Act
One of the most current news this year, which turned out to be equally interesting to both legal experts and IT industry professionals, was the adoption of the European Union’s Artificial Intelligence Act (“AI Act“) as the first regulatory framework regarding artificial intelligence (“AI“) adopted at the EU level. The aim of the AI Act is to bring the European Union (“EU“) to the forefront of the artificial intelligence race, while simultaneously ensuring the protection of human rights, the environment, the rule of law, and democracy.
Non-Compete Clause in Employment Relationships: Can the Validity of the Clause be Terminated Unilaterally by the Employer?
In the practice of the Court of Appeal in Belgrade, in the judgment No. Gž1 1900/20 dated 19.03.2021 (“Judgment“), the following position was taken:
Data Protection Laws and Regulations in Serbia
Contributed by PR Legal.
The Republic Geodetic Authority Conducted an Assessment of Apartment Values: A New Standard in Transparency and Accessibility of Real Estate Data
The Republic Geodetic Authority of Serbia (“RGZ“) announced in June 2024 that it has conducted a mass assessment of apartment values across Serbia, aiming to set a new standard in transparency and accessibility of real estate data.
Privacy vs. Safety: Facial Recognition Systems
Facial recognition has recently become something mundane: for example, every day we can see smartphones that offer the option to unlock the phone using the owner’s face.