SERBIA Law and Practice Contributed by: Vladimir Djeric, Lena Petrovic and Katarina Radovic, Mikijelj, Janković & Bogdanović
2. Privacy Litigation 2.1 Privacy Litigation Overview
2.3 Collective Redress Mechanisms Serbian legislation does not support collective redress mechanisms in relation to privacy and data protection. Serbian Consumer Protection Law is a single piece of legislation which provides a collective redress mecha - nism but only for consumer-related matters. Regis - tered consumer associations and the Ministry of Trade may initiate proceedings for the protection of the con - sumer’s collective interest. However, this mechanism is not available for privacy litigations. As Sebia is in the process of EU accession, it should take into account the European Union’s Representa - tive Actions Directive (EU) 2020/1828 and introduce a collective redress mechanism into other areas of law apart from consumer protection. However, there is no indication that such legislation will be adopted in the near future. 3. Requirements for the Protection and Processing of Non-Personal Data 3.1 Objectives and Scope of Data Regulation Serbia does not have a comprehensive legal frame - work governing non-personal data, data sharing, or IoT comparable to the EU Data Act. 3.2 Interaction of Data Regulation and Data Protection As stated in 1.1 Overview of Data and Privacy- Related Laws and 3.1 Objectives and Scope of Data Regulation , Serbia does not have a special legislation governing non-personal data. In principle, if datasets contain both personal and non-personal data, the PDPA applies to the personal data component. IP rights, trade secrets, and confidentiality obligations govern non-personal data. Organisations should ensure lawful separation, anonymisation, or access controls to avoid the unlawful processing of personal data. 3.3 Rights and Obligations Under Applicable Data Regulation There are no general statutory rights relating to data access, portability, or interoperability for non-personal data. Such rights arise only contractually.
Two main pieces of legislation relevant for privacy liti - gation in Serbia are the PDPA and the Law on Public Information and Media. The PDPA defines data sub - jects’ rights and mechanisms for their protection, with the Commissioner as the main authority for the pro - tection of personal data. Serbia has a modest number of cases related to the protection of personal data. However, there are numerous defamation cases gov - erned primarily by the provisions of the Law on Public Information and Media. Privacy litigation in Serbia remains limited compared with that in EU member states. Most disputes arise in the context of media reporting, defamation, and alleged violations of privacy under the Law on Public Information and Media. Non-material damage is compensable under general tort law, and courts may award damages for emo - tional distress or reputational harm. Strategic lawsuits against public participation (SLAPPs) targeting jour - nalists and media outlets have increased in recent years. Since Serbia is not a member of the EU, EU case law does not directly affect Serbian courts. However, decisions of the ECHR are relevant in domestic court cases and are taken into account, particularly in the interpretation and application of the provisions of the European Convention on Human Rights. 2.2 Recent Case Law There is limited case law directly interpreting the PDPA. However, court decisions and regulatory prac - tice increasingly reference ECHR jurisprudence on privacy and freedom of expression. Cases involving investigative journalism platforms have shaped the balance between public interest reporting and privacy rights, confirming that public figures enjoy a lower expectation of privacy when reporting serves democratic oversight.
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