NEW TRADE LAW AND AMENDMENTS TO THE E-TRADE LAW

New Trade and E-Trade Laws in Serbia: Key Updates for Businesses

On July 22, 2019, the National Assembly of the Republic of Serbia adopted two closely related laws: the Trade Law and the Law on Amendments to the E-Trade Law (“Official Gazette of the Republic of Serbia,” No. 52/2019).

These laws aim to improve the regulation of e-commerce, electronic contracts, and Internet sales, addressing areas previously prone to misuse due to insufficient oversight.

Implementation Timeline

• Trade Law: Effective July 30, 2019, Article 34, Paragraph 8 becomes applicable on January 31, 2020.
• Amendments to the E-Commerce Law: Effective from July 30, 2019, except for:
  • Article 2 (new Article 5a) and Article 8 (amended Article 21, Paragraphs 3 and 4), which will only apply upon Serbia’s accession to the European Union.

Key Changes Introduced

1. Enhanced Regulation of E-Commerce:

   • Clear guidelines for electronic contracts and Internet sales.
   • Strengthened legal protections to reduce abuses in the digital marketplace.

2. Introduction of New Concepts:

   • Electronic Platform: Defined as any digital space facilitating business activities.
   • Online Shop: Online businesses are now required to register under the Companies Act if engaged in business activities.

3. Regulation of Unauthorized Content:

   • Platforms must adhere to new obligations for removing unauthorized or illegal content.

Why These Changes Matter

These updates are crucial for bringing Serbia’s regulatory framework in line with international standards, ensuring a safer, more transparent environment for digital transactions.

By establishing clear rules, the laws aim to build consumer trust and promote fair competition in the e-commerce sector.

What Businesses Need to Know

If your business operates an online platform or shop, ensure compliance with these new regulations to avoid legal consequences. Key steps include:

• Registering your business if linked to commercial activities.
• Implementing processes for handling unauthorized content on your platform.
• Familiarize yourself with new obligations for e-contracts and digital operations.

Conclusion

The adoption of these laws signals Serbia’s commitment to modernizing its legal framework for e-commerce. Businesses should act swiftly to align with these new requirements and embrace the opportunities brought by a more regulated digital marketplace.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a qualified attorney.

Stefan Mojsić, Attorney at Law