SR

New Consumer Protection Law in Serbia

The National Assembly of Serbia adopted a package of laws in April 2026, including the new Consumer Protection Law, as well as amendments to the Trade Law, with the clear objective of regulating commercial relations more effectively.

 

By adopting the new Consumer Protection Law (“Official Gazette of the RS”, No. 35/2026), Serbia has taken a significant step toward modernising consumer law and further aligning it with European Union legislation.

 

Although the Law largely builds upon solutions from earlier drafts and relevant EU directives adopted in 2019, the final text introduces a number of specific legislative novelties with direct legal and business implications.

 

The Law will become fully applicable as of 1 August 2026, while certain provisions have been applicable since 1 May 2026.

 

New regime for digital content, digital services and goods with digital elements

 

For the first time, the Law comprehensively regulates digital content, digital services, and goods with digital elements.

 

            • The notion of “goods” now also includes products incorporating or connected to digital content without which they cannot function.
            • The Law also applies in situations where the consumer does not pay with money, but instead provides or undertakes to provide personal data to the trader.

 

An exception exists where such data is processed exclusively for the purpose of providing the service.

 

The Law further specifies the conformity criteria for digital content as goods, distinguishing between:

 

            • The Law further specifies the conformity criteria for digital content as goods – distinguishing between subjective requirements (what has been agreed under the contract) and objective requirements (usual purpose).
            • Particular emphasis is placed on the obligation of traders to provide and inform consumers about necessary updates for goods with digital elements.
            • The Law prescribes stricter rules for online business, qualifying a number of situations as misleading commercial practices (submitting and commissioning fake reviews, presenting reviews without verifying their authenticity, displaying search results without clearly indicating paid ranking, failing to inform consumers that, following acceptance of the offer, ancillary services will be provided in another language, etc.).

 

Personalised prices and new transparency rules

 

Prior to concluding a distance contract, the trader is obliged to inform the consumer where the price has been personalised on the basis of automated decision-making.

 

At the same time, the rules on price transparency are significantly tightened:

 

            • publication of price lists for each retail outlet on the trader’s website is mandatory,
            • price lists must be available in a digital, machine-readable format,
            • updates must be made in real time,
            • data must be accessible to automated price comparison tools.

 

Ban on “dual quality” goods

 

The Law introduces a prohibition of misleading commercial practices through the explicit ban of the so-called “dual quality” practice.

 

It is prohibited to place goods on the market while claiming that they are identical to goods sold in other countries (e.g. EU Member States), where there are significant differences in composition or characteristics.

 

Exceptions are possible only where objective reasons for such differences exist and the consumer has been clearly and transparently informed thereof.

 

Right to terminate the contract within 30 days

 

One of the most practical amendments concerns the consumer’s right that, where a defect appears within 30 days from delivery, the consumer may directly request termination of the contract and a refund, without the obligation to first accept repair or replacement. Under the previous regime, the time limit for exercising this right was six months.

 

The relevant provisions of the Consumer Protection Law are functionally aligned with the amendments to the Trade Law, which introduce additional obligations and stricter rules regarding price formation and advertising.

 

Accordingly, when announcing discounts, the trader is obliged to clearly indicate both the previous and the discounted price. The reference previous price is defined as the lowest price at which the product was offered during the 30-day period preceding the commencement of the discount. In the case of progressive price reductions within the same promotional campaign, the reference price remains the lowest price applied during the 30 days prior to the first reduction.

 

Implications for businesses

 

The new Consumer Protection Law introduces a significantly more detailed and stricter regulatory framework, particularly in the digital segment.

 

In practice, this means that businesses will need to:

 

            • align their general terms and conditions,
            • redefine pricing and promotional policies,
            • adapt online platforms to new transparency requirements,
            • introduce procedures for the management of reviews and digital content,
            • ensure compliance with rules governing digital services and personalisation.

 

E-commerce businesses, digital platforms, and traders using advanced pricing and consumer-targeting tools will be particularly affected.