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62 New Articles

The Ministry of Agriculture, Forestry, and Water Management of the Republic of Serbia introduced the newest amendments of the Rulebook on Conditions and Procedure for Public Bidding for Lease/Use of State Owned Agricultural Land, which came into force on 24 June 2021.

On 4 June 2021, the European Commission adopted two implementing decisions (Decision no. 2021/914 and Decision no. 2021/915) which contain Standard Contractual Clauses for processing and transferring of personal data and are set in line with the General Data Protection Regulation (2016/679) (“GDPR”) with the hope of bringing about a higher level of personal data protection.

When advising organisations how to comply their businesses with GDPR, i.e., with the Serbian Law on Personal Data Protection, many times we received answers that organisations apply “best information security practices”. What does this formulation mean?

Managed Entry Agreements consist of various forms of confidential arrangements between pharmaceutical companies and paying healthcare systems that aim to facilitate access to new technologies in public healthcare systems. MEAs make innovative and costly medicines or medical technologies affordable to patients by providing conditional access to a reimbursement system for a limited period and on balanced terms.

Annual reports make up a fundamental part of many regional CEE law firms’ marketing strategies, providing those firms with an annual opportunity to demonstrate their knowledge and expertise in a particular area, their geographic footprints, and their ownership and facility with the research and technological tools and manpower necessary for the production of such comprehensive projects.

The Law on Electronic Invoicing entered into force on 7 May 2021 (“Official Gazette of the RS“, no. 44/2021). It obliges public and business entities to use the system of electronic invoices for issuing, sending, receiving and storing electronic invoices. On July 9 2021, the government adopted a set of bylaws necessary to implement the law.

CMS' Malgorzata Surdek-Janicka has been appointed as Vice-President of the International Court of Arbitration at the International Chamber of Commerce in Paris. Aside from Surdek-Janicka, 33 lawyers from CEE were appointed as members and alternate members of the court.

The standard approach in cases involving abuse of dominant position implies that the competition authority determines the market influence of the company due to which it can operate in the relevant market to a significant extent independently of other market participants and, provided that the company has a dominant position, whether its actions result in abuse of such position. The standard approach came naturally in markets that are geographically and economically limited. The core of the principle is that the public authority reacts ex-post (after the event) to abuses, by imposing the obligation to terminate anticompetitive practices or imposing penalties for prohibited behaviour.

The Law on the Protection of Business Secret (Official Gazette of RS, no. 53/2021, “LPBS“) entered into force on 5 June 2021 and it completely repealed the previous law that regulated this matter.

The National Assembly of the Republic of Serbia adopted the Law on Amendments to the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (hereinafter "Amendments to the Law"), on May 20, 2021.

The global crisis, which arose as a consequence of the COVID-19 pandemic, brought light, among other things, to the weaknesses of the Serbian public health care system. The daily mass collection of a person’s data on health – which, according to the Serbian Data Protection Act, is considered particularly sensitive data – became a regular occurrence during the pandemic.

The Law amending the Law on Excise (Official Gazette of RS, no. 53/2021) entered into force on 5 June 2021 and its novelties refer to the excise for alcoholic beverages. 

The Law amending the Law on Mining and Geological Exploration (Official Gazette of RS no. 40/2021) entered into force on 30 April 2021 and most important changes refer to specification of certain solutions and more detailed normative regulation of individual issues, harmonisation with legal regulations in the field of environmental protection, introduction of e-business etc.

Intellectual property is usually perceived through three main rights: copyright, patent and trademarks. Sensitive market-relevant information is usually perceived just as a benefit, but rarely as a right. Protection of trade secrets certainly deserves more attention. To make it easier to all market players to easily comprehend this right and for authorities to apply it, Serbia adopted a new Law on Protection of Trade Secrets, which came into force on 5 June 2020 (the “New Law”). The main reason for the new regulation, as proclaimed by the lawmakers, is the alignment with the EU acquis (especially, the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016).

In April 2021, the National Assembly of the Republic of Serbia passed a set of new laws in the field of mining and energy, including the new Law on Energy Efficiency and Rational Use of Energy (hereinafter “the Law”), which entered into force on April 30, 2021.

On 20 April 2021, the National Assembly of the Republic of Serbia enacted the Law on Gender Equality and amendments to the Law on Prohibition of Discrimination. Both laws are published in the Official Gazette of RS no. 52 of 24 May 2021 and will enter into force on 1 June 2021. The Law on Gender Equality will repeal the Law on Equality of Genders (Official Gazette of RS no. 104/09).