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On October 10, 2024, the Serbian Commission for the Protection of Competition (Commission) launched an investigation against four large retail chains – Delhaize Serbia, Mercator-S, Univerexport, and DIS – over possible anti-competitive practices, i.e., alleged retail price-fixing and coordination. The four major retailers account for over 50% of the Serbian retail market.

The advancement of technologies, particularly artificial intelligence (AI), inevitably affects our daily lives and raises important questions regarding privacy protection. This article explores the key aspects of the relations between artificial intelligence and personal data protection, with a particular focus on the European Regulation on Artificial Intelligence (AI Act) in relation to the General Data Protection Regulation (GDPR), as well as the legislation of Serbia.

Serbia’s renewable energy market is in the midst of transformation, driven by domestic reforms and international partnerships – most recently, with the governments of France and the USA in the field of energy efficiency.

Excitement was high when, just over three years ago, the Law on Digital Assets came into effect, positioning Serbia as a pioneer among countries recognizing the development opportunities of advanced technologies that lacked a regulatory framework to reach their full potential. This was followed by a protracted period of enacting secondary legislation, alongside global macroeconomic turbulence, which inevitably impacted the development of industries and markets, especially those that are “young” and insufficiently mature. Despite the enthusiasm and efforts of the local Web3 community and advocates for using digital assets as a tool to boost the national economy, these hurdles appear to have significantly slowed the anticipated growth.

The Serbian financial sector is undergoing significant changes, with recent and upcoming legislative reforms set to reshape its landscape. The Payment Services Law, adopted on July 31, 2024, introduces key regulatory updates aimed at modernizing payment systems and aligning them with European standards. Additionally, amendments to the Banking Law and the new Financial Consumer Protection Law are expected to be adopted soon, further strengthening the regulatory framework. Together, these changes are expected to have a profound impact on market participants, from traditional banks to fintech companies, as well as consumers, who stand to benefit from enhanced protections and greater transparency.

By the spring of 2025, Serbia will likely have a new cybersecurity law. The law is aimed at bringing the national legal framework in line with that in Europe as expressed in the NIS2 Directive (2022). The draft law that passed the process of the public consultation in 2023 and underwent minor additional changes in 2024 (Draft Law) nevertheless differs from NIS2 in certain important aspects.

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.

The proposed Draft Law on Amendments and Supplements to the Law on Games of Chance brings several important changes, certain new legal solutions as a result of the needs of practice and market development, harmonization of the text of the law with technological development in this area, but also introduces new obligations to organizers and significantly increase in fees for obtaining approval and for organizing of games of chance.

The European Commission recently launched the consultation phase on two essential draft regulations to strengthen the EU Carbon Border Adjustment Mechanism (CBAM) regulation’s operational structure. These include the draft Implementing Regulation for Authorized Declarants and creating a comprehensive CBAM registry. Stakeholders can submit feedback until November 28, 2024. These regulations clarify key aspects of the definitive CBAM implementation, set to begin on January 1, 2026.

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.

In Montenegro the Law on Amendments to the Law on Copyright and Related Rights came into force and it aims to harmonize Montenegrin legislation with EU legislative, particularly in the part that facilitates broad access to copyrighted works by enabling the sharing of online content through various platforms.

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/

 

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