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Foreign Investors Council
47, Gospodar Jevremova Street, IV Floor, 11000 Belgrade, Serbia
Phone: +381 11 3281 958, 3281 965
e-mail: office@fic.org.rs

MENI

Member News

25. March 2020.

JANKOVIC, POPOVIC& MITIC: Regulation on Deadlines in Court Proceedings During a State of Emergency

On 20 March 2020 the Government of the Republic of Serbia has rendered the Regulation on deadlines in court proceedings during a state of emergency declared on 15 March 2020.

This regulation prescribes that the following deadlines will stop running from 15 March 2020 until the state of emergency ends:

  • Submitting claims in litigation proceedings, submitting private criminal claims, deadlines in non-contentious proceedings, motions for initiating non-contentious, enforcement and security proceedings, claims in administrative disputes and constitutional appeals;
  • Submission of legal remedies or other procedural actions in the proceedings listed above;
  • Submission of appeals on the decisions on termination of criminal, misdemeanor and corporate offense proceedings, as well as extraordinary legal remedies in these proceedings.

Detailed information can be found HERE.

 

Impact of COVID19 Epidemic to Lease Agreements

The state of emergency affects the business operations of lessees and lessors of business premises, which include both business offices and retail premises.

The state of emergency due to COVID 19 pandemic was proclaimed in the Republic of Serbia on March 15th 2020, and the Decree on Measures during the State of Emergency („Official Gazette of RS“, no. 31/2020 dated March 16th 2020) and the Decree on Organization of Work with the Employer during the State of Emergency („Official Gazette of RS“, no. 31/2020 dated March 16th 2020), all aiming to regulate in more detail the effects of introduced state of emergency, followed right after.

The state of emergency also affects the business operations of lessees and lessors of business premises, which include both business offices and retail premises. Negative effects are reflected in declined turnover, which causes the failure of lessees to pay the rent and other lease related expenses.

Full text of the article can be found HERE.

CEELM Covid-19 Comparative Legal Guide: Contracts in Serbia

JPM Senior Associate Stefan Jovivčić contributed to Covid-19 Comparative Legal Guide: Contracts in Serbia.

The outbreak of the COVID-19 virus, which may yet be some way off its peak, has already caused significant loss of life and suffering in many countries around the globe. Its impact, like the impact of the measures taken to try to contain it or mitigate its effects, continues to grow at both a macroeconomic and an individual business level.

JPM Senior Associate Stefan Jovičić contributed to Covid-19 Comparative Legal Guide: Contracts in Serbia outlining legal repercussions and impacts of Covid-19 pandemic.

You are highly invited to read the full article  here .

 

COVID – 19 AND DATA PROTECTION

In the light of the pandemic of COVID – 19, controllers are processing different types of personal data in their reasonable effort to prevent the spread of COVID-19. Such processing must comply with the Serbian Law on Personal Data Protection (“LPDP”).

Every processing should be following data protection principles, including the current atypical processing of personal data caused by the pandemic.

To provide a safe working environment and to protect the health of employees, we are of the opinion that the employers may process personal data of employees related to:

  • their travel history (whether and when the employee visited countries considered to be at risk; whether the employee was in contact with anyone who has visited those countries recently);
  • their health data related to the presence of symptoms of COVID – 19.

The employers are not allowed to perform medical checks, but only to process employees’ personal data that is adequate, relevant and limited to what is necessary to obtain a safe working environment and prevent the spreading of COVID-19.

The employers may reveal personal data of potentially infected employees/s within the organisation to prevent spreading COVID – 19 within the organization and in the community.

Legal grounds on which controllers may rely for the processing of data not considered as health data is processing that is necessary in order to protect the vital interest of the data subjects or another natural person (Article 12 Paragraph 1 item 4 of the LPDP) as well as legal obligation of the employer to obtain safe working environment (Article 12 Paragraph 1 item 3 of the LPDP). The latter is further provided in Article 80 of Serbian Labour Law and Article 11 of Serbian Law on Safety and Security at Work.

As per the health-related data, the acceptable legal ground for processing may be that processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of the law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy. (Article 17 Paragraph 2 item 9 of the LPDP).

Various European Supervisory Authorities issued guidelines on this topic in the past days and these guidelines provide for similar interpretations of the applicable data protection regulations (please find some of the links below).

https://www.cnil.fr/fr/coronavirus-covid-19-les-rappels-de-la-cnil-sur-la-collecte-de-donnees-personnelles

https://www.ip-rs.si/novice/odgovorno-ravnanje-vseh-je-kljucno-v-casu-virusne-krize-1170/

https://naih.hu/files/NAIH_2020_2586.pdf

https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/9282117

WORK IN THE TIME OF COVID 19 PANDEMIC

The state of emergency due to the COVID 19 pandemic was declared on 15 March 2020 in the Republic of Serbia.

During the state of emergency in the Republic of Serbia, kindergartens, primary and secondary schools, as well as faculties will be closed, while cafes, restaurants, bars, hotels, etc. will work part-time.

If possible, it is recommended that employers introduce work from home during state of emergency.

Full info can be found HERE.

 

 

Note: Information provided here is contribution from FIC members and does not present FIC legal advice.

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