07
Tue, Dec
55 New Articles

Urgent – Standard Contractual Clauses Have Been Adopted

Urgent – Standard Contractual Clauses Have Been Adopted

Serbia
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

Commissioner for Information of Public Importance and Personal Data Protection has issued long-awaited Decision on Determining Standard Contractual Clauses which will enter into force on 30 January 2020.

These Standard Contractual Clauses (hereinafter: “SCCs”) consist of rights and obligations which regulate relations between the controller and processor of personal data and their main purpose is to ensure a sufficient protection of data that is being transferred internationally.

When to use SCCs

Both General Data Protection Regulation and Serbian Act on Personal Data Protection require the relations between controller and processor to be regulated by contract or other legal act in such a way that personal data remains protected at all times, regardless of whether the controller and processor transfer data domestically or internationally.

However, as per Serbian Act on Personal Data Protection, if personal data is being transferred to a third country or international organization for which the Serbian Government has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question does not ensure an adequate level of protection, such transfer shall be subjected to prior authorization from the Commissioner for Information of Public Importance and Personal Data Protection, unless appropriate safeguards are provided and that enforceable data subject rights and effective legal remedies for data subjects are available. One of the ways to provide appropriate safeguards and circumvent the prior approval procedure is to incorporate SCCs into contracts between the controller and the processor on the condition that they are incorporated in their entirety. In that way, it shall be considered that the appropriate safeguards are ensured.

To summarize, SCCs should be incorporated into every contract between the controller and the processor if the personal data is being transferred to a country, territory, one or more specified sectors of the country or international organization that according to a decision of Serbian Government does not ensure an adequate level of protection for personal data.

This text is for informational purposes only and should not be considered legal advice. Should you require any additional information, feel free to contact us.

By Katarina Zivkovic, Senior Associate, and Dragan Martin, Associate, Samardzic, Oreski & Grbovic

Serbia Knowledge Partner

The oldest full service commercial law firm in Serbia, founded in 1991, JPM with three decades of experience in assisting local and international businesses presence and growth not only in Serbia but throughout the SEE region.

We have accumulated a wealth of knowledge in every industrial and corporate sector, from energy to banking, transport, manufacturing and telecommunications, while remaining true to a pioneering spirit that has always drawn us to follow the latest trends and developments in providing of our services to clients. Today we use the latest legal tech available in serving our clients and are expanding our services to clients from growing industries such as renewable energy, IT and life sciences, by offering innovative solutions and a pro-active approach to broaching new grounds.

Our expertise, experience, and commitment to professional excellence mean we are routinely involved in landmark cases and transactions, while our high standing among clients and peers sees us ranked among the leading law firms by independent guides such as Chambers & Partners, Legal 500, and IFLR1000.

We are known for working closely with clients and treating their problems as our own. Our lawyers pride themselves on being team players, fast and available, specialised in terms of practice area and industry, but versatile and creative in their thinking. We believe our advice should be tailor-made and that even the thorniest issue has a legal solution.

Our membership of Lex Mundi (the world’s premiere network of independent law firms) and the TLA (a regional alliance of leading firms from Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia) means we have close working relationships with first-rate firms throughout the region and around the world, enabling us to operate as the perfect hub for SEE and other multi-jurisdictional transactions.

Firm's website: http://jpm.rs/

Our Latest Issue