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October 21, 2025

Industrial design: How to protect the visual identity of a product

In today’s business environment, where a product’s visual identity often plays a key role in consumer decisions, the protection of industrial design is becoming an increasingly important aspect of intellectual property. Although often overshadowed by patents or trademarks, industrial design is a legal mechanism that allows rights holders to protect the unique appearance of their products, thereby gaining a significant competitive advantage. What is industrial design? The Law on Legal Protection of Industrial Design (Official Gazette of the Republic of Serbia, Nos. 104/2009, 45/2015, and 44/2018 – other law) (“Law”) defines industrial design as the three-dimensional or two-dimensional appearance of...

October 21, 2025

Attorney-Client Privilege – The Limits of Protection in Bankruptcy Proceedings

Definition and Legal Basis The attorney-client privilege is governed by the provisions of the Law on Legal Practice of the Republic of Serbia, the Statute of the Bar Association of Serbia, and the Code of Professional Ethics for Attorneys. An attorney is obliged to preserve as a professional secret, and to ensure that all persons employed in their law office also preserve as confidential, everything that the client or their authorized representative has entrusted to them, or that the attorney has otherwise learned or obtained in a matter in which they provide legal assistance, during the preparation, throughout the representation,...

October 20, 2025

Termination of Employment and the Right to Compensation for Unused Annual Leave from the Previous Year

One of the common dilemmas in practice concerns the employee’s right to compensation for unused annual leave from the previous year in cases where employment is terminated during the first half of the current year. In this regard, this article analyzes the position taken in the opinion of the Ministry of Labor, Employment, Veterans and Social Affairs (“the Ministry”) No. 003-00-870/2025-13/400-001-002-011-024 dated August 6, 2025 (“the Opinion”). Legal Provisions An employee cannot waive the right to annual leave, nor can this right be denied or replaced with monetary compensation, except in the case of employment termination. Annual leave is used...

October 20, 2025

Performing Health Care Activities through Private Practice in the Republic of Serbia

Health care activity is an activity that ensures the provision of health care to citizens, implemented through the health care system. Health care providers include: health institutions in public and private ownership, higher education institutions in the field of health sciences, and other legal entities authorized by special laws to perform health-related activities (other legal entities), private practices, healthcare workers who perform healthcare activities, other higher education institutions, i.e. scientific-educational and scientific institutions, with the opinion of the Ministry. The following sections present the types of private practice, who may establish them, the conditions that must be fulfilled prior to...

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...

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