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September 20, 2023

The Use of Video Surveillance to Control the Work and Conduct of Employees in International and Domestic Case Law

In some of our previous texts we already tackled the matter of video surveillance at workplace (available here and here). In relation thereto, the German Federal Labor Court has recently ruled a decision according to which the recordings made by video surveillance of employees may be used for termination of employment contract, regardless of employer’s omission to previously notice employees thereon in accordance with the provisions of Article 13 of the GDPR (“the Ruling”). Namely, according to Article 13 of the GDPR, where personal data relating to a data subject are collected from the data subject, the controller shall, at...

September 12, 2023

Join Our Team! We are looking for a Senior Associate

We are currently looking for an Attorney at Law to join the firm's team in the capacity of a Senior Associate, with particular expertise in Corporate/Commercial, and preferably Employment. Candidate’s profile/experience: University degree in Law obtained at a university in the Republic of Serbia; Serbian Bar exam; At least 3 years of working experience as an Attorney at Law in the abovementioned practice areas, after passing the Bar exam; Excellent written and spoken English; Strong computer skills; Excellent writing and analytical skills, ability to handle multiple matters with independence and sound judgment; Strong work ethic and strong legal research skills;...

September 11, 2023

The Government of the Republic of Serbia Adopted the Personal Data Protection Strategy

On August 25, 2023, the Government of the Republic of Serbia adopted the Personal Data Protection Strategy for the period 2023-2030 (“Strategy”). The Strategy was prepared in accordance with other planning documents, i.e., programs of planning and coordination of public policies. When drafting the Strategy, the processes of European integrations, i.e., the framework by which the EU measures the progress of the candidate countries with regards to personal data protection were also taken into account. In addition, the key international acts were considered, and national laws relevant to the subject matter were analyzed as well. Namely, the Strategy includes an...

August 31, 2023

Conclusion of Contract by Using Emoji – How Informal the Informal Contracts can be?

Meeting of minds of the contracting parties undeniably represents the very foundation of the contract law, hence both theory and practice agree that there is no agreement without it. However, when it comes to the manner of expressing such will, the situation is somewhat different. The court in Canadian province Saskatchewan has recently ruled that it is possible to conclude a valid contract by using “thumbs-up” emoji (so-called “like”). In the rationale to this ruling, the court stated that the emoji is just as valid as signature and that the courts need to adapt to the “new reality”, i.e., an...

August 23, 2023

Amendments to the Law on Planning and Construction – abolishment of paid conversion, focus on energy efficiency and green construction

Amendments and supplements to the Law on Planning and Construction (“Law”) were published in the Official Gazette no. 62/2023 from 27 July 2023 and entered into force on 4 August 2023, whereas certain provisions of the Law will enter into force in 2024 and 2026, respectively. 1. Amendments to the procedure of conversion of right to construction land Conversion of the right to use into the ownership right over construction land was introduced into domestic legal system by the main text of the currently valid Law on Planning and Construction (Official Gazette no. 72/2009, in force since 11 September 2009)....

August 21, 2023

The European Commission Fined the Target Company in Relation to the Merger for the First Time

Last month, the European Commission (“Commission”) fined the companies Illumina and GRAIL for violating the EU rules on mergers. The company Illumina, as the acquirer in the transaction, was fined approximately 432 million euros, while the company GRAIL was fined as the target company in the transaction, with a symbolic 1,000 euros, which is however the first time for the EU competition watchdog to fine the target company with respect to the merger. Details of the case In July 2021, the Commission initiated the proceeding to control the commenced acquisition of the company GRAIL by Illumina company. During the investigation...

August 16, 2023

Liberalization of Rules for Residency and Work of Foreigners in the Republic of Serbia

Amendments to the Law on Foreigners (Official Gazette of RS no. 24/2018, 31/2019 and 62/2023) and the Law on Employment of Foreigners (Official Gazette of RS no. 128/2014, 113/2017, 50/2018, 31/2019 and 62/2023) (“the Laws”) were published in the Official Gazette of the Republic of Serbia no. 62/2023 of July 27, 2023, and entered into force on August 4, 2023. Certain amendments to the Laws started to apply on the day of entry into force, however the application of most provisions referring to facilitating, i.e., simplifying the procedure of issuance of certificates and permits to foreigners is delayed until February...

July 25, 2023

US Supreme Court Justices unite against parodying trademarks

At the beginning of June 2023, the Supreme Court of the United States ruled in favor of the famous Jack Daniel's distillery in a trademark infringement lawsuit after a squeaky toy for dogs appeared on the market, which resembles a bottle of the famous whiskey Jack Daniel's Old No. 7 Black Label Tennessee Whiskey in the context of shape of the bottle and other elements (trade dress). Case background Arizona-based company - VIP Products has launched a line of squeaky dog toys on the United States market which mimic certain well-known product brands, including Jack Daniel's whiskey. The dog toy...

July 24, 2023

Barbie – is it less than ideal?

Behind the scenes of Barbie film, which fills up the cinemas all over the world, a legal battle is ongoing. The "BRBY" trademark issues Namely, Mattel - the maker of this famous doll - has objected against the application filed by the famous fashion house Burberry to the U.S. Patent and Trademark Office in July 2022 for the “BRBY” word mark. By way of explanation - while Burberry wants to register the subject trademark for use on apparel and leather goods, Mattel believes that this would cause significant damage to the company, since it is not distinctive enough in comparison...

July 18, 2023

New Legal Framework for Personal Data Transfer Between the EU and the US – déjà vu?

On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US - the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption. However, this (third) attempt of the European Commission to establish the...

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