Do you know that Serbia has a Law against Spam?

You have probably often met that various trader offer you their goods and services by phone or via advertising mails, and that you are put in a situation to have conversations or receive mails that you are not interested in.

In addition, it is not uncommon that you did not provide your contact telephone number, e-mail address, address or any other personal information to those traders, as well as consent to send advertising messages and promotional materials, and that such messages and invitations continue to arrive. Also, after you inform the merchant that you are not interested you still not solved the problem.

In order to protect consumers from “aggressive” traders in the Republic of Serbia, the Law on Consumer Protection was adopted.

The mentioned Law on Consumer Protection brings with it significant changes to the current Law, with the aim to eliminate all observed shortcomings and to enable further harmonization with European regulations, which include the protection of consumers from aggressive business practices of traders.

Various forms of aggressive business practice are envisaged, including addressing the consumer by phone or e-mail.

An exception to the mentioned prohibition exists in the case when calls or e-mails are sent to realize receivables from the contract.

Also, a ban was introduced, ie it is envisaged that aggressive behavior is considered, among other things, creating the impression that the consumer can not leave the premises until the conclusion of the contract, as well as a home visit to the consumer without his prior consent, unless in relation to realization of receivables from the contract.

For traders who send e-mails or make phone calls contrary to legal regulations and thus perform aggressive business practices, a fine for a misdemeanor is prescribed, ranging from 300,000.00 to 2,000,000.00 dinars for legal entities, and in the range from 50,000.00 to 150,000.00 dinars for individuals and responsible persons in a legal entity, while for entrepreneurs the fine is from 50,000.00 to 500,000.00 dinars.

Of particular interest is the legal novelty of the introduction of a register containing telephone numbers of consumers who do not want to receive calls and / or messages within the promotion and / or sale by telephone, which will be kept by the regulatory body responsible for electronic communications. The name is already domesticated in practice as the register “Do not call”.

The mentioned amendments to the Law will certainly be a challenge for implementation and “awareness” of traders that they need to change their current business models and offer goods and services, but it is certainly important that consumers have legal mechanisms to contribute and protect their rights.