CEE Legal Matters
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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.
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.
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.
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.
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 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.
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“).
PR Legal has successfully defended the interests of coffee producer and manufacturer Strauss Adriatic in a dispute over the alleged infringement of the "C Kafa" trademark.
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“).
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.
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.
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.
On 23 December 2019, the National Assembly of the Republic of Serbia enacted the new Law on Public Procurement (hereinafter: the Law) and most of its provisions will start to apply from 1 July 2020.
Entities regularly enter into contractual relationships striving to exercise the rights and obligations specific for a particular relation, in a manner previously defined by the meeting of minds within the limits of mandatory regulations, public order and best practice. When concluding a contract and exercising rights and obligations from such relationship, the parties shall abide by the principles of fairness and diligence.
The Supreme Court of Austria has recently passed a decision whereby it ordered an employer to compensate the employee for non-material damages in the amount of EUR 2,400.00 (cca EUR 400.00 per month of monitoring), as the company vehicle used by the employee was equipped with GPS system for monitoring without appropriate legal ground. The court deemed that the use of GPS tracking system affected the employee’s privacy and thus created basis for damage compensation.
PR Legal is a Serbian business law firm which renders advice on a full range of corporate matters, from day-to-day legal issues to large M&A and capital-raising transactions. We provide high-quality legal services to companies, entrepreneurs, private entities, and public institutions, in a modern and pro-active manner, based on unique professional experience in high-profile transactions and disputes.
Always aiming for practical feasibility, and when necessary, dig deep in order to secure our clients’ best interests, either before the court, state authorities or counterparties. In any case, commitment is omnipresent in all our work.
We distinguish ourselves from our competitors through understanding of commercial interests considering present legal framework, by providing smart and cost-effective business solutions, and most of all by our passion for doing business.
In PR Legal we believe that exceptional results can be achieved only when talented and reliable people work together in the appropriate environment. With such approach and commitment, our focus is on teamwork and encouraging of relationships based on trust and cooperation. Investment in our people is investment in our future, which allows us to provide comprehensive and top-quality assistance to our clients.
We care about our clients, while the building of strong relationships and a culture of excellent client service remains our main compass.
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