ICT system operators of special importance, i.e. companies operating within the activities specified in the Law on Information Security, are obliged to establish and maintain an adequate ICT system, as well as to review the compliance of applied protection measures with the Law on Information Security, and to make a report on the matter.
The outbreak of COVID-19 virus pandemic, which led to worldwide measures that temporally suspended or reduced most civil and economic rights and privileges, has insofar resulted in severe obstruction of functioning of the global markets, including Serbian economy, leaving some of the industrial branches completely paralyzed.
In the commercial sector, due to corona crisis impact and amid nationwide state of emergency, we are receiving the following questions with reference to a transaction between two commercial entities. In our answers, we have not, however, considered any distinctions which might be necessary if the transaction involved consumers. Nevertheless, distinctions between the treatment of transactions which are principally for the sale of goods and those which are principally for provision of services have been taken into account.
After the declaration of the state of emergency in Serbia, caused by the global outbreak of the coronavirus, businesses introduced and implemented a series of extraordinary requirements, conditions and measures, some of which significantly affect and challenge the continuation of the traditional concept of employment relationship.
Pursuant to the Decree on Organizing the Work of the Employers during a State of Emergency (“Official Gazette of the RS” No. 31/2020), each employer is obliged to enable employees to perform work outside the premises of the employer (working remotely or working from home), at all workplaces where this type of work organization is possible. Equal obligation is foreseen also in the Serbian Labor Law (“RS Official Gazette”, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – US Decision, 113/2017 and 95/2018 -aut. interpretation) as part of the employer’s obligation to provide employees with safety and health at work (Article 12. of the Labor Law) and in accordance with the Law on Health and Safety, (“Official Gazette of RS”, No. 101/2005, 91/2015 and 113/2017).