Serbia has adopted a new Law on Consumer Protection, together with amendments to the Law on Trade, introducing a more modern and detailed regulatory framework for consumer transactions. The reform reflects Serbia’s continued alignment with EU consumer protection standards, particularly in the areas of digital commerce, online marketplaces, price transparency, digital services and unfair commercial practices.

The new framework is especially relevant for retailers, e-commerce operators, digital service providers, online platforms and companies selling goods or services directly to consumers. It introduces additional compliance obligations but also provides clearer rules for market participants and stronger protection for consumers.

Digital content, digital services and goods with digital elements

One of the most important novelties is the regulation of digital content and digital services. The law now recognizes that many modern consumer transactions do not involve only traditional goods, but also apps, software, streaming services, cloud-based services, smart devices and other products connected with digital functionality.

The concept of goods is expanded to include physical products that contain or depend on digital content or a digital service in order to function properly. This is particularly important for smart devices, connected appliances, digital subscriptions and other hybrid products.

The law also applies in situations where the consumer does not pay money but instead provides personal data in exchange for digital content or a digital service, except in limited cases where such data is processed only for the purpose of providing the service.

New obligations for traders regarding updates

For goods with digital elements, traders will have an obligation to inform consumers about necessary updates and to provide such updates where required for the goods to remain in conformity with the contract. This creates a new layer of responsibility for businesses selling products that depend on software, applications or digital support.

In practice, companies should review how they inform consumers about updates, how long updates are provided, and who is responsible for ensuring that the digital element of the product remains functional.

Stronger rules on price transparency

The new rules significantly strengthen price transparency obligations. Traders are required to display prices clearly and to ensure that published prices correspond to the prices applied in practice.

A particularly important novelty is the obligation to publish digital price lists for each retail outlet, in a machine-readable format, and to update them in real time whenever prices change. These price lists must be accessible in a way that allows automated tools to collect and compare price data.

This change is expected to increase market transparency and make it easier for consumers, regulators and comparison tools to monitor price movements.

New rules for discounts and promotional pricing

The amendments to the Law on Trade introduce stricter rules for advertising discounts. When announcing a price reduction, traders must indicate the lowest price at which the product was offered during the relevant period before the discount.

For products that were offered for at least 30 days, the reference price is the lowest price applied during the 30 days preceding the discount. For products offered for a shorter period, the reference period is at least 15 days before the discount. Special rules apply to gradual reductions within the same promotional campaign, as well as to perishable goods and goods with a short shelf life.

The purpose of these rules is to prevent artificial price increases before promotional campaigns and to ensure that advertised discounts reflect genuine price reductions.

Online marketplaces and misleading online practices

The new law gives particular attention to online marketplaces and digital sales channels. Online marketplaces are now more clearly recognized as a regulated form of consumer trade, with specific information obligations towards consumers.

The law also introduces new forms of misleading commercial practices in the online environment. These include, for example, displaying paid search results without clearly indicating paid advertising, presenting consumer reviews as authentic without taking reasonable steps to verify them, and using fabricated consumer reviews or recommendations to promote products.

For online platforms, this means that internal procedures for ranking products, publishing reviews and presenting sponsored offers should be reviewed and adjusted.

Personalized pricing

Before concluding a distance or off-premises contract, traders must inform consumers if the price has been personalized on the basis of automated decision-making. This obligation is particularly relevant for e-commerce businesses that use algorithms, user profiling, behavioral data or other automated tools to determine prices.

The rule is designed to increase transparency and allow consumers to understand whether they are being offered a price generated specifically for them.

Consumer rights in case of non-conforming goods

The new law also changes the remedies available to consumers in case of defective or non-conforming goods. If a defect appears within 30 days from delivery, the consumer may request termination of the contract and a refund, without first having to accept repair or replacement.

This is an important change for traders, as complaint-handling procedures and internal policies will need to reflect the new hierarchy of consumer rights.

Conclusion

The new Serbian consumer protection framework represents a major step towards a more transparent and digitally adapted market. While the reform strengthens consumer rights, it also creates a more demanding compliance environment for traders.

Companies selling goods or services to consumers in Serbia should carefully assess the impact of the new rules on their business model, especially if they operate online, use digital tools, advertise discounts, process consumer data or provide digital content and services. Early preparation will be essential to avoid regulatory risk and ensure smooth compliance with the new legal regime.

 

Author: Pavle Peno

May 2026.