{"id":4560,"date":"2021-12-08T04:07:32","date_gmt":"2021-12-08T04:07:32","guid":{"rendered":"https:\/\/jplaw.rs\/vesti\/analiza-zakona-o-zastiti-potrosaca\/"},"modified":"2026-05-28T18:23:43","modified_gmt":"2026-05-28T18:23:43","slug":"analysis-consumer-protection-act-serbia","status":"publish","type":"post","link":"https:\/\/jplaw.rs\/en\/news\/analysis-consumer-protection-act-serbia\/","title":{"rendered":"ANALYSIS OF THE CONSUMER PROTECTION ACT"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]ANALYSIS OF THE CONSUMER PROTECTION ACT<\/strong><\/p>\n

The National Assembly of the Republic<\/strong> of Serbia adopted the new Consumer Protection Act on 9 September 2021 (\u201cOfficial Gazette of the RS\u201d, No. 88\/2021<\/em>) (hereinafter: the \u201cAct\u201d<\/em><\/strong>), with the aim of ensuring the harmonisation of law with European regulations, as well as eliminating the shortcomings of the previous law.<\/p>\n

The Act entered into force on 11 September 2021, but began to apply three months from the date of its entry into force, that is, on 11 December 2021, except for the provisions relating to out-of-court resolution of consumer disputes, which apply after the expiry of six months from the date of entry into force of this Act, that is, only from 11 March 2022.<\/p>\n

However, although the new Act does not differ significantly from the previous Consumer Protection Act (\u201cOfficial Gazette of the RS\u201d, No. 62\/2014, 6\/2016 \u2013 other law and 44\/2018 \u2013 other law<\/em>), the novelties introduced by this Act into the legal system mainly relate to a better mechanism for protecting consumer rights.<\/p>\n

Taking the above into account, we can highlight the 5 most important novelties brought by this new Act:<\/p>\n

    \n
  1. The obligation of traders to participate in out-of-court proceedings;<\/strong><\/li>\n
  2. The Consumer Register, i.e. the \u201cDo Not Call\u201d Register;<\/strong><\/li>\n
  3. Issuing estimates for all services more expensive than RSD 5,000;<\/strong><\/li>\n
  4. Changes to the complaints procedure;<\/strong><\/li>\n
  5. Protection of users of tourist services.<\/strong><\/li>\n<\/ol>\n

    I) The obligation of traders to participate in court proceedings?<\/u><\/em><\/strong><\/p>\n

    Under Article 151, the new Act prescribes the obligation of traders to participate in out-of-court disputes<\/strong> with customers, if such disputes arise<\/strong>.<\/p>\n

    This provision also states that out-of-court resolution of a consumer dispute in accordance with this Act may last no longer than 90 days from the date of submission of the proposal, <\/em>and only exceptionally, pursuant to paragraph 4 of this Article, in justified cases where the subject matter of the dispute is complex, the 90-day period may be extended by no more than an additional 90 days<\/em>, of which the body for out-of-court resolution of consumer disputes must notify the consumer and the trader without delay. In any case, the consumer may withdraw from further participation in the out-of-court resolution of the consumer dispute until the procedure is completed.<\/p>\n

    However, the consumer may initiate proceedings before the body for out-of-court resolution of consumer disputes only if they have previously filed a complaint or objection with the trader, and after receiving the response or decision of the seller regarding the submitted complaint. In their statement, the consumer will, of course, have to state the facts on which their claims are based and provide evidence.<\/p>\n

    Another obligation of the trader is the duty to clearly and visibly display, at the point of sale, a notice stating that, under the law, the trader is obliged to participate in the out-of-court resolution of consumer disputes. The fine for business entities that refuse to participate in mediation, or fail to publish a notice informing the customer of the right to out-of-court dispute resolution, amounts to RSD 50,000.00.<\/strong><\/span><\/p>\n

    II) What is the Consumer Register, i.e. the \u201cDo Not Call\u201d Register?<\/u><\/em><\/strong><\/p>\n

    By the provision of Article 37<\/strong> of the Act, a Consumer Register<\/strong> was introduced for consumers who do not wish to receive calls and messages for direct advertising purposes, which means the following:<\/p>\n

      \n
    • Direct advertising by telephone, fax or electronic mail is prohibited without the prior consent of the consumer,<\/li>\n
    • Direct advertising by other means of distance communication is prohibited without the prior consent of the consumer,<\/li>\n
    • It is prohibited to make calls and\/or send messages by telephone to consumers whose telephone numbers are entered in the register of consumers who do not wish to receive calls and\/or messages as part of promotion and\/or sales by telephone.<\/li>\n<\/ul>\n

      A consumer who does not wish to receive calls or messages will be able to register by filling out a form with a mobile operator or fixed-line telephone operator and be entered into the \u201cDo Not Call\u201d Register. The Register is maintained by the regulatory body responsible for electronic communications (RATEL) and contains consumer data such as name and surname, unique personal identification number of the consumer, telephone number and date of entry in the Register. The Register is public, so traders will be able to obtain information easily, but only in the part relating to telephone numbers and the date of entry in the Register.<\/p>\n

      The penal provisions of the Act prescribe a total fine of RSD 50,000.00 for traders\/legal entities that act contrary to Article 37 of the Act.<\/strong><\/p>\n

      III) Issuing estimates for all services more expensive than RSD 5,000<\/u><\/em><\/strong><\/p>\n

      The provision of Article 74<\/strong> of the Act provides that, for the provision of services whose value exceeds the amount of RSD 5,000.00, the seller is obliged to prepare an estimate on a durable medium with a specification of the service. <\/strong><\/p>\n

      Namely, before starting to provide the service, the seller is obliged to obtain the consumer\u2019s written consent to the estimate. If the price was agreed based on the seller\u2019s explicit statement as to the accuracy of the estimate, the seller may not request an increase in the price. On the other hand, if the price was agreed without the seller\u2019s explicit statement as to the accuracy of the estimate, the seller may not request a price increase of more than 15% of the estimate, unless otherwise agreed.<\/p>\n

      In the event of a dispute as to whether the agreed amount represents a price or an estimate, the burden of proof lies with the seller.<\/strong><\/p>\n

      IV) Changes to the complaints procedure<\/u><\/em><\/strong><\/p>\n

      First of all, the initial steps, which remained unchanged compared to the previous Act, in the complaints procedure are as follows:<\/p>\n

        \n
      1. The consumer submits a complaint<\/strong> orally at the point of sale where the goods were purchased or at another place designated for receiving complaints, by telephone, in writing, electronically or on a durable medium, with the invoice presented for inspection or other proof of purchase, such as a copy of the invoice, card slip and similar. In addition, case law provides that a bank statement also constitutes proof of purchase.<\/strong><\/li>\n
      2. The seller is obliged to receive the complaint;<\/strong><\/li>\n
      3. The seller is obliged to clearly display at the point of sale a notice on the method and place of receiving complaints<\/strong>, as well as to ensure the presence of a person authorised to receive complaints during working hours,<\/li>\n
      4. The seller is obliged to keep records of received complaints<\/strong> and preserve them for at least two years from the date of submission of consumer complaints.<\/li>\n
      5. The seller is obliged to issue the consumer, without delay, a written confirmation or to confirm electronically the receipt of the complaint<\/strong>, or to communicate the number under which the consumer\u2019s complaint has been recorded in the register of received complaints.<\/li>\n
      6. The seller is obliged to respond to the consumer\u2019s submitted complaint without delay, and no later than eight days from the date of receipt of the complaint, in writing or electronically<\/strong>. The response must include a decision on whether the complaint is accepted, an explanation if the complaint is not accepted, a statement regarding the consumer\u2019s request on the manner of resolution, and a specific proposal as to the period and manner in which the complaint will be resolved if accepted. The deadline for resolving a complaint may not exceed 15 days, or 30 days for technical goods and furniture, from the date of submission of the complaint. The seller is obliged to act in accordance with the decision and proposal for resolving the complaint only if prior consent has been obtained from the consumer.<\/span><\/li>\n
      7. Another rule that remained unchanged is that the consumer\u2019s inability to provide the seller with the packaging of the goods<\/strong> cannot be a condition for resolving the complaint, nor a reason for refusing to remedy the lack of conformity.<\/li>\n<\/ol>\n

        However, the Act introduced two novelties<\/strong> regarding the complaints procedure. The first novelty<\/strong> is that the deadline for resolving the complaint is interrupted<\/strong> when the consumer receives the seller\u2019s response and begins to run again when the seller receives the consumer\u2019s statement, whereby the consumer is obliged to respond to the answer no later than three days from the date of receiving the answer. If the consumer does not respond within the prescribed period, it will be deemed that they do not agree with the seller\u2019s proposal referred to in paragraph 9 of this Article.<\/p>\n

        The second novelty<\/strong> provides that if the seller rejects the complaint, the seller is obliged to<\/strong> inform the consumer of the possibility of resolving the dispute out of court and of the competent bodies for out-of-court resolution of consumer disputes.<\/p>\n

        V) Protection of users of tourist services<\/u><\/em><\/strong><\/p>\n

        Through the application of the new Act, greater protection is provided to consumers in exercising their rights under tourist travel contracts.<\/p>\n

        One of the significant novelties is defined by the provision of Article 95<\/strong> of the Act, namely the binding nature of pre-contractual information<\/strong>, which provides that the traveller must be given information about other costs that are not included in the single selling price of the tourist trip, because otherwise the traveller will not be obliged to bear them if they were not informed about them.<\/p>\n

        In addition, the organiser will have greater responsibility, so the provision of Article 99<\/strong> of the Act provides that the organiser will be responsible for all errors that occur due to technical defects in the process of booking travel or services that are part of that tourist trip or linked travel arrangement. Also, the provision of Article 100<\/strong> of the Act provides for the possibility that, before the start of the tourist trip, the traveller may transfer the contract to a person who meets all the conditions applicable to the contract in question.<\/p>\n

        VI) Conclusion<\/u><\/em><\/strong><\/p>\n

        By analysing the provisions and novelties of the new Act, we can undoubtedly conclude that it strives toward better and more efficient consumer protection. In addition, the novelties aim to reduce pressure on the courts through mandatory mediation, as well as to ensure harmonisation with European Union law, while it remains to be seen to what extent practice will follow the regulation.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"

        Serbia\u2019s Consumer Protection Act introduced important rules for both traders and consumers, including mandatory participation in out-of-court dispute resolution, the \u201cDo Not Call\u201d Register, mandatory estimates for services above RSD 5,000, changes to the complaints procedure and stronger protection for users of tourist services.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[300,291,204,305,290,298,312,292,299,307,309,293,302,310,311,38,49,288,289,287,308,304,234,306,301,296,297,295,303,294],"class_list":["post-4560","post","type-post","status-publish","format-standard","hentry","category-news","tag-bankruptcy-serbia","tag-commercial-law-serbia","tag-company-formation-serbia","tag-copyright-serbia","tag-corporate-law-serbia","tag-debt-collection-serbia","tag-digital-law-serbia","tag-employment-law-serbia","tag-enforcement-proceedings-serbia","tag-foreign-investment-serbia","tag-freelancers-serbia","tag-immigration-law-serbia","tag-intellectual-property-serbia","tag-it-law-serbia","tag-jusufovic-partners","tag-jusufovic-i-partners-en","tag-law","tag-law-firm-serbia","tag-lawyer-belgrade","tag-legal-services-serbia","tag-llc-serbia","tag-patent-serbia","tag-potrosaci","tag-real-estate-serbia","tag-restructuring-serbia","tag-tax-law-serbia","tag-taxation-serbia","tag-temporary-residence-serbia","tag-trademark-serbia","tag-work-permit-serbia"],"_links":{"self":[{"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/posts\/4560","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/comments?post=4560"}],"version-history":[{"count":5,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/posts\/4560\/revisions"}],"predecessor-version":[{"id":4568,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/posts\/4560\/revisions\/4568"}],"wp:attachment":[{"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/media?parent=4560"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/categories?post=4560"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jplaw.rs\/en\/wp-json\/wp\/v2\/tags?post=4560"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}