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.

CWB has successfully represented the interests of Renault and its Romanian subsidiary Dacia before the Serbian Supreme Court.

Moravcevic Vojnovic and Partners in cooperation with Schoenherr has advised InPharm Co on its acquisition of Casa Spadijer Bioclinica.

Harrisons has advised the EBRD on a EUR 5 million loan to NLB Komercijalna Banka under the SME Go Green program.

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.

King & Spalding has advised the syndicate of joint lead managers on Telekom Srbija Beograd’s USD 900 million senior notes offering. Gecic Law, working with Clifford Chance, advised Telekom Srbija.

On October 25, 2024, White & Case has announced that E&'s acquisition of PPF Telecom Bulgarian, Hungarian, Serbian, and Slovakian assets (as reported by CEE Legal Matters on August 9, 2023) has now closed.

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.

Stankovic & Partners has advised SuperPadel Alliance on a partnership agreement with the Croatian Padel Federation and the Diagonal Padel Pro Academy in Madrid. 

Wolf Theiss has advised GreyLion Partners on its equity investment in Birdseye Security Solutions. Lazarevic & Prsic advised Birdseye Security Solutions.

On October 16, the Ministry of Finance published draft amendments of, as many as, 7 laws in the field of taxation, with an invitation to interested parties to submit comments, suggestions and objections to the published drafts by October 23. In addition to tax laws, drafts and amendments to the Law on Public Property and the Law on Republic Administrative Fees were published.

On 10^th October 2024, the Commission for the Protection of Competition (“Commission”) initiated an ex officio investigation proceedings for potential antitrust violation involving DELHAIZE SERBIA DRUŠTVO SA OGRANIČENOM ODGOVORNOŠĆU BEOGRAD (NOVI BEOGRAD), Mercator-S DOO BEOGRAD, UNIVEREXPORT EXPORT-IMPORT DOO, and DIS DOO KRNJEVO (“Companies”).

PS Legal has opened for business in Belgrade with Partners Aleksandra Stojanovic and Milos Pandzic as its founders.