The Serbian legislation has introduced a set of laws in the field of personal data protection and e-commerce, which have aligned Serbia with the EU laws and introduced higher standards of protection in these areas.
Bearing in mind that the topic of modernization of the current legal framework for the protection of personal data and e-commerce has become increasingly relevant worldwide, Serbia has made serious progress in that direction in recent years. The main aim of these laws in the above-mentioned areas reflects the necessity to bring legal solutions into line with technological innovations that are part of our everyday lives.
In the text below, we will outline the wave of positive changes, in a brief overview of the crucial provisions that may be of interest to you.
Table of contents
1. The New Law on Personal Data Protection
TL;DR: The Law on Personal Data Protection was adopted in November 2018 and has applied since August 21, 2019. It applies to everyone who processes personal data in any capacity, including companies that only process data about their employees. Companies must carry out data mapping and adopt internal acts and procedures, and fines range from RSD 50,000 to 2,000,000.
Although the Law on Personal Data Protection (hereinafter: the Law), which introduced a completely new concept in understanding the importance of processing and protection of personal data in the digital age, was adopted in November 2018, it’s implementation started with a 9-month grace period, in order to provide enough time to all legal subjects to harmonize their activities and business with the provisions of the Law.
The Commissioner’s attitude also attracted the attention of the general public, as he announced the plan to delay the implementation of the Law, just one month before the implementation. The rationale behind such a decision lays in the fact that no one got prepared for this implementation, due to the high standards and numerous obligations for the companies, government bodies and all parties that process personal data in any capacity. Nevertheless, the Law began with its implementation.
The Law applies to everyone who processes personal data in any capacity, such as collection, recording, organization, consultation, erasure, storage, as well as all other actions relating to personal data, which was the topic in our previous blog: Tic-Toc, the Clock Is Ticking…Is Your Company Compliant With the new Law on Personal Data Protection?
Interestingly, the vast majority of companies have the misconception that if the company’s core business does not involve directly collecting personal data of third parties, then there is no space for the application of the Law. However, almost every company processes personal data about its employees, job candidates and persons hired on a part-time or temporary contract.
We outlined this and other misconceptions employers frequently have about their obligations concerning the protection of their employees’ privacy in our blog post 9 Most Common Misconceptions of Employers on Personal Data Protection.
One of the initial obligations of the companies relates to the so-called “data mapping”, which implies that they need to ascertain which personal data they collect, in which manner, from whom and for which purpose. Therefore, the company is obliged to make a complete set of internal acts and introduce appropriate procedures to fully comply with the Law. For all those who neglect their obligations, the Law prescribes fines ranging from fifty thousand to two million dinars.
If we interested you to become more familiar with all the novelties that the Law introduces, we recommend you to read the blog The new Law on Personal Data Protection: Key Novelties that may come useful.
2. The Law on Trade and 3. Amendments to the Law on E-commerce
TL;DR: The new Law on Trade and the Amendments to the Law on Electronic Commerce have applied since July 30, 2019. They recognized online shops and platforms as legal categories and introduced stricter rules for discounts, mystery shopping by the market inspection, dropshipping and the option of displaying prices in foreign currency (alongside the dinar price for consumers in Serbia). The Law on Trade was amended in April 2026: the amendments regulate the previous price for discounts, the display of the product declaration before purchase in distance selling, and penalty provisions.
Having in mind the upward trend of e-commerce and its expansion in the global market, the Ministry of Trade, Tourism and Telecommunications recognized the need to regulate this form of trade in a more detailed and advanced manner. The new Law on trade and the Amendments to the Law on Electronic Commerce were adopted on July 22, while the implementation began on July 30.
We have already covered the crucial novelties in our previous news post Set of New Trade Regulations About to Improve the E-Commerce Business in Serbia, while the laws were still in draft, but almost all novelties entered into the final text of the laws.
The introduction of online shops and online platforms as legally recognized categories has attracted significant attention of the public. New concepts created a space for recognition of certain specifics of e-commerce that were not recognized in the old regulation.
You can read more on this topic in our blog E-Commerce Store-5 Key Things To Know Before You Start.
According to the amendments to the Law on Trade, a trader in distance selling must display the product declaration and make it available to the consumer before purchase, in a form that is directly and permanently accessible. In practice, this means that before purchase the buyer must be able to see the name and type of the goods, the quantity, the manufacturer and, for imported goods, the importer and the country of production. The unit price is displayed alongside the selling price, where applicable. Where goods sold online are shipped from a sales facility, turnover records may be kept jointly, as for the sales facility itself.
Another subject that might interest all consumers relates sales incentives in the form of discounts, promotions and price reductions for which new stricter rules have been introduced. The law on trade stipulates that selling at a lower price can be carried out in the form of discount sales, promotional sales or seasonal discounts.
Regarding this, it is determined that sales can be maintained only in the event of a trader’s cessation of business or the cessation of the sale of certain goods and the seasonal reduction can be held only twice a year, for a maximum of 60 days. When a discount is offered, the trader must display both the discounted price and the previous price, and the 2026 amendments expressly define the previous price: it is the lowest price at which the trader offered the goods in the 30 days before the discount began, except for perishable goods and goods with a short shelf life. For goods that have been in the offer for less than 30 days, the lowest price in a period of at least 15 days before the discount applies, and where the price is reduced gradually within the same promotion, the lowest price in the 30 days before it began. Goods offered for the first time may be sold below the regular price in a promotional sale, which lasts no longer than 60 days.
Consumer protection has been introduced through a much broader scope of authorization that is now in charge of the market inspection. Based on the institute “mystery shopper” market inspection will be able to organize hidden purchases on a website and pretending to be an interested buyer, check the sales and payment procedures.
Another valuable novelty concerns the so-called dropshipping. Dropshipping is a form of e-commerce that has gained great success throughout the world. Dropshipping implies that e-retailer does not have to keep the products they sell in stock, like the brick and mortar retailer has to, but only serves as a liaison between the end customer and manufacturer, so that the goods are not delivered from the retailer’s warehouse, but directly from the warehouse of the manufacturer.
Changes in the area of selling prices introduce the possibility of expressing selling prices in foreign currency, but only if the e-commerce targets both domestic and foreign consumers. The consumer must then be able to choose the currency, and for a consumer accessing the shop from Serbia the price is displayed first in dinars. Prices may be displayed solely in foreign currency, among other cases, where the e-commerce is not aimed at consumers in Serbia.
The novelties introduced by the Amendments to the Law on Electronic Commerce mainly relate to the refinement of the already existing formulations of the legal text, as well as to terminological adjustments to the terms and provisions of the new Law on Trade, in order to reduce legal uncertainty due to the incompleteness and unclarity of certain terms.
For incorrect display of prices, an incorrect product declaration, and sales incentives or their advertising contrary to the law, a legal entity is liable for a misdemeanor with a fine of RSD 100,000, and an entrepreneur with a fine of RSD 40,000. Selling goods without a declaration is punished more severely, with a fine of RSD 500,000 to RSD 2,000,000 for a legal entity. The amount of the fine depends on the gravity and duration of the violation, previous misdemeanors, and the benefit the trader has gained.
Frequently Asked Questions
Who does the Law on Personal Data Protection apply to?
The Law applies to everyone who processes personal data in any capacity, such as collection, recording, organization, consultation, erasure and storage, as well as all other actions relating to personal data. This includes companies, government bodies and all other parties that process personal data.
Does the Law apply to companies whose core business is not data collection?
Yes. Many companies mistakenly believe that the Law does not apply to them if their core business does not involve directly collecting personal data of third parties. However, almost every company processes personal data about its employees, job candidates and persons hired on a part-time or temporary contract.
What is data mapping?
Data mapping is one of the initial obligations of companies and implies that they ascertain which personal data they collect, in which manner, from whom and for which purpose. After that, the company must adopt a complete set of internal acts and introduce appropriate procedures.
What are the fines for non-compliance with the Law on Personal Data Protection?
For all those who neglect their obligations, the Law prescribes fines ranging from RSD 50,000 to RSD 2,000,000.
What rules apply to discounts and sales?
Under the Law on Trade, selling at a lower price can be carried out in the form of discount sales, promotional sales or seasonal discounts. Sales can be held only in the event of a trader’s cessation of business or the cessation of the sale of certain goods, and seasonal reductions only twice a year, for a maximum of 60 days. When offering a discount, the trader must display both the discounted price and the previous price. The previous price is the lowest price at which the goods were offered in the 30 days before the discount began.
What is dropshipping?
Dropshipping is a form of e-commerce in which the e-retailer does not have to keep the products it sells in stock, but only serves as a liaison between the end customer and the manufacturer, so that goods are delivered directly from the manufacturer’s warehouse.
Does an online shop have to display the product declaration before purchase?
Yes. A trader in distance selling must display the product declaration and make it available to the consumer before purchase, in a form that is directly and permanently accessible. The declaration contains the name and type of the goods, the quantity, the manufacturer’s business name and, for imported goods, the importer’s business name and the country of production.
Reviewed by: Tijana Žunić Marić, Partner · View profile
Updated by: Marta Luković, Senior Associate · View profile
Related people
Zunic Law
Law firm