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March 30, 2023

Work Ability Assessment – Competence and Procedure

According to the Labour Law (Off. Gazette of the RS no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision of the CC, 113/2017 and 95/2018 – authentic interpretation), an employee with health issues, established by the competent medical authority pursuant to the law, shall not be allowed to pursue work that could result in deterioration of their health or consequences dangerous for their environment (Article 81, paragraph 2). The Labour Law also stipulates that an employer is obliged to ensure that the employee - a person with a disability or health problems (from Article 81, paragraph 2 of the Labour...

March 29, 2023

XV Belgrade Open Pre-Moot held in Belgrade

XV Belgrade Open Pre-Moot the competition of law students from all over the world in the matter of commercial and arbitration law was held in Belgrade this weekend (March 24-26, 2023). This competition is one of the leading pre-moot tournaments for Willem C. Vis International Commercial Arbitration Moot, a student competition in the aforesaid matter and it has been held in Vienna for three decades. This year's Belgrade competition, held at Pravni fakultet Univerziteta u Beogradu / University of Belgrade Faculty of Law, was attended by students from over 20 different countries, i.e., about 50 teams, many of which recorded...

March 27, 2023

Guidelines of the European Data Protection Board with regards to Cookie Banners

On 18 January 2023, the European Data Protection Board (“the EDPB”) published the Report of the work undertaken by the Cookie Banner Taskforce (“the Report”), which issues were outlined in the complaints of the European Center for Digital Rights (“NOYB”). Namely, NOYB filed hundreds of complaints to data protection authorities throughout the EU, with regards to the use of banners, which primarily referred to the mode of accepting and rejecting cookies, as well as the design and characteristics of banners. Therefore, the Report enacted the guidelines on interpretation of provisions of the Directive on Privacy and Electronic Communications 2002/58/EC (“the...

March 20, 2023

Termination of employment during the probation period – regulations and case law

Pursuant to the provisions of the Labor Law (Official Gazette of the Republic of Serbia no. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 - decision of the US, 113/2017 and 95/2018 - authentic interpretation) (“the Law”), by an employment contract the employer and the employee may establish the probation period for performance of one or more related jobs specified in that contract. Probation period is regulated in the Law in only one article (Article 36), which further stipulates that probation period can last up to six months, as well as that it can be terminated both before and on the day...

March 16, 2023

New feature by Google – is it that easy to manage personal data?

Starting from September 2022, the people in the USA (soon after all other users globally) can use Google’s new Results About You feature, which aims to provide a simpler way for people to get their sensitive personal information out of Google’s search results, such as physical addresses, phone numbers, and email addresses and this feature shall allow users to opt in to alerts when new personal information related to them appears in search results, enabling users to request removal more quickly. Even though this type of personal information is not necessarily considered to be spam nor something illegal for it...

March 08, 2023

The Commissioner for Information of Public Importance and Personal Data Protection Issued a Publication with Stances, Opinions and Practice regarding the Personal Data Protection

On the occasion of International Data Privacy Day (January 28), as in previous years, the Commissioner for Information of Public Importance and Personal Data Protection (“the Commissioner”) issued a publication “Personal Data Protection: Stances, Opinions and Practice of the Commissioner”. This publication is the eighth of this type and it is available on this link. In the upcoming text, we will present several stances, i.e., opinions of the Commissioner published in this book with regards to the application of the Law on Personal Data Protection (“the Law”). Processing the employees’ biometric data with face recognition device for the purpose of...

February 22, 2023

TikTok Fined for Unlawful Collection of Personal Data via Cookies

The French Data Protection Authority (“CNIL“) has recently passed a decision by which the social network TikTok is fined with 5 million euros for violation of provisions of the French Law on Data Protection (“the Law“) and GDPR. The fine was imposed for unlawful use of cookies, i.e., collection of data on users’ online activities without previous obtaining of their valid consent for such personal data processing. Circumstances of the case  CNIL conducted investigation of the use of cookies on TikTok website, which is a social network designed for video content sharing, owned by the Chinese company ByteDance. During the...

February 15, 2023

Exercising the Right to VAT Refund upon Purchase of the First Apartment in case of Residence Address Passivation

According to the opinion of the Ministry of Finance no. 011-00-01091/2022-04 of 1 December 2022, a natural person – adult citizen of the Republic of Serbia with residence in the territory of Serbia, who purchases his/her first apartment, shall be eligible for VAT refund for this purchase given that the prescribed requirements are met. The fact that the address passivation of such natural person is indicated in the records of the competent authority shall not affect exercising of right to VAT refund for this purchase. VAT refund Namely, VAT refund to the buyer of the first apartment shall be done...

February 08, 2023

Dior Saddle bag – just one of many or not?

Fashion house Christian Dior Couture (“Dior“) filed in 2021 to the EU Intellectual Property Office (“EUIPO“) an application for registration of 3D shape of bag of this designer house – so-called Saddle bag as trademark within class 9 (mainly referring to eyeglass and phone cases) and class 18 (various handbags). EUIPO partly refused the application stating that the form of the bag lacked distinctiveness and that this bag is practically one of many in the world market. Saddle bag phenomenon Saddle bag was designed in 1999 by John Galliano for Dior’s 2000 spring collection and it has recently been reintroduced...

February 01, 2023

Video surveillance at the Workplace – When is it Lawful?

In one of our previous texts (available here) we wrote about the recent decision of the Spanish personal data protection authority, by which it fined an employer as the controller of personal data for using the option of audio recording within the employees surveillance system, which data were subsequently used for termination of an employment contract. Considering that the issue of using video surveillance at the workplace is a highly important topic in the context of personal data protection, given that the Serbian employers are increasingly using different tools for surveillance over the work of their employees, such as video...

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