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September 30, 2025

Set-off of Claims in Bankruptcy Proceedings – Is It Allowed?

In a situation where a creditor of a company subject to bankruptcy proceedings also has a debt towards the bankrupt debtor, the question arises whether their mutual claims may be set off in bankruptcy proceedings. The answer is affirmative, but only upon fulfillment of certain conditions, which will be discussed below. General Conditions for Set-off The general conditions for set-off are prescribed by the Law on Obligations. For two mutual claims to be set off, it is necessary that both claims relate to money or other fungible items of the same type and quality, and that both are due. However,...

September 30, 2025

Increase of the Minimum Salary as of January 1, 2026

The Government of the Republic of Serbia has adopted the Decision on the Amount of the Minimum Price of Work for the period January – December 2026, published in the Official Gazette of the Republic of Serbia No. 78/2025 on September 12, 2025, and applicable as of January 1, 2026 (“Decision”). As a reminder, the minimum price of work is determined by the Social and Economic Council, considering in particular: existential and social needs of employees and their families expressed through the minimum consumer basket, employment rate growth, GDP rate growth, consumer prices changes, and changes of productivity and average...

September 30, 2025

The “Pay or Okay” Model: Standards of Valid Consent

The Federal Administrative Court of Austria (Bundesverwaltungsgericht) has recently issued a judgment clarifying the conditions under which the “Pay or Okay” model is compliant with the GDPR. The Court concluded that the model implemented by an online daily newspaper was not in line with the General Data Protection Regulation (“GDPR”), as it did not ensure freely given consent of the data subjects. This judgment further elaborates the standards for data processing based on consent, which are of particular importance for media outlets and online platforms relying on cookies for advertising and analytics purposes. What is the “Pay or Okay” Model? ...

September 30, 2025

Notice on the Processing of Personal Data Through QR Code

Under the Law on Personal Data Protection (“LPDP”), data controllers are required to clearly, simply, and transparently inform data subjects about the processing of their personal data. As technology advances, QR codes are becoming a popular way to provide information to users quickly and conveniently. However, the question arises whether providing information on personal data processing through a QR code complies with the legal standards of clarity and accessibility. Legal Framework According to LPDP, information on personal data processing must be provided in a concise, transparent, understandable, and easily accessible manner, using clear and simple language. Such information may be...

September 29, 2025

Data Privacy Lecture at the University of Belgrade: Practical Insights from Industry Professionals

Our Managing Partner, Ivana Ružičić, recently spoke at the Faculty of Security Studies, University of Belgrade, as part of the Short Program for Data Protection Officers. This program is tailored for professionals who are currently working in, or aiming to specialize in, personal data protection. Ivana's lecture focused on the practical challenges of drafting privacy notices and applying data protection regulations effectively. Emphasizing the essential role legal experts have in ensuring organizational compliance, the session offered valuable insights into everyday dilemmas faced by data privacy managers. The most dynamic part of the lecture was the Q&A session, where participants actively...

September 29, 2025

Analysis of the Draft Law on “e-Sick Leave” in Serbia: What Sick Leave Will Look Like from 2026

The Office for Information Technologies and Electronic Administration has prepared the Draft Law on the Exchange of Data, Documents, and Notifications in Cases of Temporary Work Incapacity Using the Software Solution "e-Sick Leave - Employer" (“Draft Law”). This legislation introduces a mandatory digital system for data exchange among employers, primary care physicians, and the Republic Health Insurance Fund (“RHIF”). What the Draft Law Brings? The Draft Law establishes a unified, mandatory electronic system for: Issuance and automatic delivery of certificates and reports on temporary work incapacity (i.e. sick leave); Electronic exchange of salary compensation calculations and medical commission notifications; Monitoring...

September 18, 2025

On the Home Field: Everything You Need to Know About the Athlete’s Employment Contract

Sport is not defined only by the rules on the field. Rules also exist off the field, in various contracts in the field of sports, including employment contracts. The Sports Law and the Labor Law, as lex generis, regulate the employment status of professional athletes. The employment contract of an athlete is adapted to an entirely different reality that reflects the dynamic and unpredictable life of an athlete – from the absence of fixed working hours, through matches, numerous training sessions, bonuses for victories, various competitions, transfers between clubs, to strict disciplinary responsibility. Understanding these differences and how the legal...

September 18, 2025

Limitations of Copyright in the Legislation of the Republic of Serbia

Copyrighted work constitutes an original creation of the author, expressed in a specific form, irrespective of its artistic, scientific, or other value, purpose, size, content, manner of expression or the permissibility of public disclosure of its content. The rights of authors of literary, scientific, professional, and artistic works are regulated by the Copyright and Related Rights Law (“Law”), which regulates the exercise and judicial protection of copyright. Legal basis and types of limitations of copyright – Rights subject to limitation Although the Law guarantees certain moral and economic rights of the author, there are circumstances under which these rights may...

September 18, 2025

Use of Official Devices Provided by the Employer for Private Purposes: Limitations of Employer Liability Under the GDPR

We often encounter the practice that employers provide employees with official devices (phones, computers, and other work equipment) for the purpose of performing work tasks. The boundaries between business and private use of these devices often become unclear, which can lead to legal issues, especially when it comes to the protection of personal data. In this regard, this article considers the decision of the High Court of Ireland in the case McShane v. Data Protection Commission, case no. (2025) IEHC 191 dated April 3, 2025 (“Decision”). In the specific case, the question arose whether the employer could bear responsibility as...

September 13, 2025

Limitation of Trading Margins: What Does the Regulation on Special Conditions for Trade in Certain Types of Goods Actually Bring?

On August 29, 2025, the Government of the Republic of Serbia adopted the Regulation on Special Conditions for Trade in Certain Types of Goods (“Regulation”), which became applicable on September 1, 2025. In the application of the Regulation, numerous ambiguities were immediately noticed, and its amendments and supplements were adopted on September 12, which have been in effect since September 13. The main objective of the Regulation is to prevent an excessive increase in the prices of goods of importance for the supply of citizens, primarily in the food category, which is attempted by limiting trading margins and fees. The...

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