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On July 10, 2023, the European Commission (“Commission“) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). The decision concludes that the United States (“US”) ensures an adequate level of data protection – comparable to that of the European Union (“EU“).

In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

Amendments and supplements to the Customs Law, enacted in December 2022, amended the misdemeanour provisions for violations of this law. The amendments introduce greater certainty regarding the misdemeanour liability of importers and customs representatives for submitting customs declarations and accompanying documents with the goal of legitimate con­ducting of customs procedures. In this ar­ticle we present our interpretation of the respective amendments.

Two laws concerning the work and residence of foreign nationals in Serbia have been updated this July. The Serbian Parliament has adopted the amendments to the Law on Foreign Nationals (“LFN”) and to the Foreign Nationals Employment Act (“FNEA”). Among the main reasons for these amendments are harmonization with EU regulations and standards, as well as the current trend of increased presence of foreign workforce in Serbia, the need for which is expected to continue to be on the rise.

The world’s population is on the rise, increasing the demand for food. The United Nations estimates that the world population will reach 9 billion people in approximately 15 years; by 2050, it is expected to reach 10 billion people. This means there will be an additional two billion people to feed, necessitating farming and food production to become more efficient.

Zivkovic Samardzic has advised Slovenia's Samsic Holding on its acquisition of the remaining 45% stake in Belgrade-based facility management, construction, and installation services provider Samsic STM from the two founding shareholders. Sole practitioner Jelena Rasovic advised the minority shareholders.

At the beginning of June 2023, the Supreme Court of the United States ruled in favor of the famous Jack Daniel’s distillery in a trademark infringement lawsuit after a squeaky toy for dogs appeared on the market, which resembles a bottle of the famous whiskey Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey in the context of shape of the bottle and other elements (trade dress).

On July 4, the United States celebrated Independence Day, which reminded us of the Declaration of Independence from 1776 that marked the establishment of the United States. This prompted us to reflect on the numerous distinctive legal achievements of the United States, inspiring us to explore the phenomenon of class action. Originating from across the Atlantic, this legal institution has found its place in continental European jurisdictions, sparking discussions within the professional community about its potential incorporation into Serbia’s legal framework.

 

In the long-awaited aftermath of the havoc caused by the CJEU’s decision (adopted in 2020 in the famous Schrems II case) to invalidate the previously existing EU-US Privacy Shield Framework, the European Commission adopted the adequacy decision promoting the new EU-US Data Privacy Framework (the “Framework”) on 10 July 2023.

As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.

On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US – the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption.

Serbia Knowledge Partner

Committed to redefining a law firm's role in an emerging regional market, Gecić Law is a full-service law firm that advises international and local clients from the public and private sectors in navigating the complex legal landscape of the region across multiple practice areas. Members of the Gecić Law team have graduated from leading universities in the US and Europe. They have extensive local and international experience, with a particular focus on EU regulatory frameworks and international trade and a proven track record in providing innovative and practical solutions in the most complex of matters.

Gecić Law is an exclusive member of two leading global alliances, TerraLex and TAGLaw, extending its international footprint. The firm and its lawyers have continuously been recognized in several practice areas by elite global directories, including The Legal 500, Chambers and Partners and Benchmark Litigation. Gecić Law was named Law Firm of the Year: South Eastern Europe 2021 and Law Firm of the Year: Eastern Europe and the Balkans 2020 at The Lawyer European Awards and was repeatedly nominated in other practice areas.

For more details, please visit geciclaw.com.

 

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