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July 12, 2023

The Court of Justice of the EU: Competition Authorities May Examine Infringement of Personal Data in the Context of Monopoly Position of the Controller

In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations. In relation thereto, below we present a text regarding a judgment of the Court of Justice of the EU (“the CJEU”) enacted on July 4, 2023, in a case pertaining to company Meta, the owner of Facebook (CJEU - C-251/21 Meta Platforms and Others v Bundeskartellamt), according to which competition authorities, while examining the abuse of dominant position, may decide on (non)compliance of activities...

July 06, 2023

New General Product Safety Regulation of the EU enters into force

The new General Product Safety Regulation of the EU, which has recently entered into force, was published in the Official Journal of the EU on May 23, 2023, and it shall start to apply on December 13, 2024 (“the Regulation”). The Regulation is a new key instrument in the EU product safety legal framework, replacing the current General Product Safety Directive and the Food Imitating Product Directive. The Regulation therefore improves the EU regulatory framework regarding product safety and addresses the new challenges posed by the digitisation of economy. Application and aim of the Regulation Namely, the Regulation sets out...

June 27, 2023

New Rules on the Block Exemption of Horizontal Agreements in the EU

On June 1, 2023, the European Commission adopted two new revised Regulations on the Block Exemption of Horizontal Agreements, which will be in force from July 1, 2023, until June 30, 2035. The new regulations are labelled 2023/1066 (regulation relating to R&D, i.e., research and development agreements) and 2023/1067 (regulation relating to specialisation agreements) (“Regulations”). The new Regulations will be in force for the next 12 years, i.e., for as long as the previously valid regulations, that prescribed the rules for the same type of agreements between participants in the EU market, were in force. As stated on the official...

June 20, 2023

Novelties Regarding the Awarding of Incentives for Direct Investments

During May 2023, the Government of the Republic of Serbia adopted two regulations on amendments to the Regulation on Determining the Criteria for Awarding Incentives to Draw Direct Investments (Off. Gazette of RS no. 39/2023 and 43/2023) (“the Regulation”), which entered into force on May 20, i.e., June 3, 2023. The most significant novelties refer to: raising the thresholds for necessary minimum investments; reduction of the maximum amount of incentives per workplace; as well as abolishing the division of local self-government units according to the level of their development, and introducing a division into five regions (Belgrade Region, Vojvodina Region,...

June 14, 2023

European Data Protection Board Adopted Guidelines on the Calculation of Administrative Fines

The European Data Protection Board (“EDPB”) has recently adopted the final version of Guidelines on the calculation of administrative fines under the GDPR (“the Guidelines”), which aim to harmonise the methodology data protection authorities (“DPA”) use to calculate fines for infringement of GDPR provisions. The Guidelines supplement the previously adopted Guidelines on application and calculation of administrative fines under GDPR, which focus on circumstances in which fines are imposed. As such, the Guidelines represent an important addition to the establishment of more efficient cooperation among local DPA’s on cross-border cases, which is a strategic priority for the EDPB. GDPR In...

June 07, 2023

Tax Treatment of a Fee for Lease of Servers Abroad and Personal Data Protection Issues

The Ministry of Finance of the Republic of Serbia has recently issued the opinion no. 011-00-313/2022-04 (“the Opinion”), which refers to taxation of the fees paid by resident legal entities to non-residents for leasing servers abroad. Content of the Opinion According to the Opinion, if a resident legal entity pays to non-resident legal entity fee for leasing server abroad, exclusively for data storage, there is no obligation to pay withholding tax by virtue of the Law on Corporate Profit Tax (Official Gazette of RS no. 25/2001, 80/2002, 80/2002 – other law, 43/2003, 84/2004, 18/2010, 101/2011, 119/2012, 47/2013, 108/2013, 68/2014 –...

May 26, 2023

Probation Period – How Many Times can it be Contracted with the Same Employer?

As we have already noted in one of our previous texts (available here), the institute of probation period is regulated in one single article of the Labour Law (Official Gazette of RS no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of CC, 113/2017 and 95/2018 – authentic interpretation), which stipulates: that employment agreement may envisage probation period for performance of one or more related and/or affiliated jobs established by the employment agreement; that probation period may last maximum six months; that prior to the expiry of probation period, employer or employee may terminate employment agreement with notice period of...

May 24, 2023

Managing partners of the PR Legal team have attended General Meetings of Legalink Global Network of Independent Law Firms in Frankfurt

Last week, our Managing Partners Milan Petrovic and Ivana Ruzicic had a wonderful opportunity to attend General Meetings of Legalink Global Network of Independent Law Firms, which was held from 17-21 May in Frankfurt, Germany. Legalink is an international legal network of 68 independent business oriented law firms with members from the majority of the world’s main commercial centers and is now composed of more than 3500 legal professionals. PR Legal has been a member of the Network since 2020. The conference in Frankfurt was a great opportunity to meet our colleagues from all over the world again, and participate as delegates in sessions and panels...

May 23, 2023

Is your company registered as user of e-Government services?

The Law on Amendments to the Companies Law, published in the Official Gazette of RS no. 109/2021 of November 19, 2021, among other provisions, prescribes the obligation for companies to register as users of e-Government services. This provision will start to apply upon the expiry of 18 months after this law has entered into force, i.e., the companies will be under the stated obligation starting from May 27, 2023. What is e-Government? In accordance with the provisions of the Law on Electronic Government (Official Gazette of RS no. 27/2018), e-Government means the use of information and communication technologies in the...

May 19, 2023

Health and Safety at Work – Does the New Regulatory Framework Introduce the Announced Significant Improvements in this Regard?

The new Law on Health and Safety at Work was published in the Official Gazette of the Republic of Serbia no. 35/2023 of April 29, 2023 and it entered into force on the eighth day after the publishing, i.e., on May 7, 2023 (“the Law“). On the same day, after almost 18 years of application, the Law on Health and Safety at Work (Official Gazette of RS no. 101/05, 91/15 and 113/17 – other law) ceased to apply, as well as certain provisions of the Regulation on Health and Safety at Work on Temporary or Mobile Construction Sites (Official Gazette...

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