07 Jul 2023

Data Protection and Dominant Market Positions: Court Ruling Explores GDPR Compliance

On July 4, 2023, the Court of Justice of the European Union (“CJEU“) pronounced a momentous judgment in Meta Platforms and Others.  For the first time, the CJEU ruled that national competition authorities may determine GDPR infringements when examining an abuse of a dominant position.  The CJEU’s decision clarifies the relationship between the General Data Protection Regulation (“GDPR“) and EU competition law, establishing that they can coexist and complement each other without conflict.  The case centered on Meta Platforms Ireland, which runs Facebook in the EU. The ruling has its roots in a decision issued by Germany’s antitrust regulator, the […]

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06 Jul 2023

Embracing the AI Revolution: Can AI Govern Companies?

As Artificial Intelligence (“AI“) continues to revolutionize industries worldwide, its impact on corporate governance cannot be understated.  AI-powered tools can streamline governance procedures, such as board meeting management, document review, and regulatory compliance.  Automated processes save time and resources and reduce the likelihood of human error.  This allows governance professionals to focus on high-value tasks such as stakeholder engagement, strategy development, and fostering ethical business practices. On the other hand, the potential for AI to take on leadership roles within companies is an emerging topic of discussion[1].  With AI’s ability to analyze vast amounts of data, make data-driven decisions, and […]

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05 Jul 2023

Enhancing Cross-Border Cooperation: A Proposed Regulation to Strengthen Data Protection Enforcement under the GDPR

On July 4, the EU Commission introduced a new Procedural Regulation aimed at enhancing cooperation among data protection authorities (“DPAs“) when enforcing the General Data Protection Regulation (“GDPR“) in cross-border cases.  The Procedural Regulation focuses on establishing clear guidelines for DPAs handling cases involving individuals in multiple Member States without impacting any substantial elements of the GDPR, including the rights of data subjects, obligations of data controllers and processors, or the lawful grounds for processing personal data. A notable aspect of the Procedural Regulation is a provision that mandates the lead DPA to share a “summary of key issues” with […]

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27 Jun 2023

Gecić Law Contributes to Terralex Cross-Border Guide to ESG and Sustainable Finance

Gecić Law is proud to announce that it has contributed to the inaugural edition of the Terralex Cross-Border Guide to ESG and Sustainable Finance for the jurisdictions of Montenegro and Serbia.  We are especially thrilled that our team was honored to contribute with its expertise and complete the section of the guide that refers to the entire EU.  The guides are now live and are free to access.  This confirms our team’s pioneering expertise in one of the hottest fields of law today. The EU chapter, authored by counsel Branko Gabrić and associates Nikola Ivković, Milica Novaković, Teodora Ristić, Marko […]

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22 Jun 2023

Who’s Responsible? Addressing Liability in the Age of AI

In the realm of modern technology, the association with Artificial Intelligence (AI) has become increasingly present.  AI has reached various segments of human activity, both private and business.  However, like any innovation or human creation, AI is imperfect and carries inherent risks.  It is susceptible to biases, errors, security breaches, and a growing level of autonomy, all of which entail potential liabilities associated with artificial intelligence. Consider the scenario of an autonomous vehicle causing an accident.  Who should bear responsibility in such a case?  Likewise, if an AI-powered medical diagnosis tool misdiagnoses a patient, who should be held accountable – […]

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15 Jun 2023

The AI Risk Management Framework

In the latest installment of our series on the risks presented by artificial intelligence (AI), we delve into the risk management framework released by the esteemed American National Institute of Standards and Technology (NIST). Known as the Artificial Intelligence Risk Management Framework (AI RMF), this voluntary framework has been meticulously crafted by NIST in response to the growing adoption of AI.  While AI holds immense potential to deliver significant societal benefits, it also generates various risks, including bias, discrimination, privacy breaches, and security vulnerabilities.  The AI RMF aims to aid organizations in effectively managing these risks, ensuring AI’s responsible and […]

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09 Jun 2023

AI and ESG – Friends or Frenemies

Due to climate change, and the state of the world, companies are under considerable pressure from investors and customers to improve their ESG performance.  While companies and governments work hard to develop and implement ESG principles, there is still much work in this field and many pieces that need to be added to build reliable ESG mechanisms. One of the most significant challenges global businesses face today is setting ESG goals and effectively monitoring and progressing toward them.  The complexity and fragmentation of incoming data sources often result in incomplete analyses, inconsistent reporting, and unmet commitments. This is precisely why […]

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06 Jun 2023

New Block Exemption Regulations and Guidelines on Horizontal Agreements

Starting from July 1, 2023, the newly adopted Horizontal Block Exemption Regulations on Research and Development Agreements (“R&D“) and Specialisation agreements (together “HBERs“) shall take effect in the EU. The essence of HBERs, and the accompanying Horizontal Guidelines (“Guidelines“), is to facilitate the self-assessment of the most common types of horizontal cooperation agreements.  They are also well-known as a safe harbor to undertakings, for as long as the latter comply with the rules set in the HBERs, leading to block exemption of such agreements from the competition rules. The novelties in said pieces of legislation offer a more flexible approach […]

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05 Jun 2023

CEE Legal Matters Guide: Banking & Finance 2023

Gecić Law is delighted to announce its contribution to the renowned CEE Legal Matters Comparative Guides to Central and Eastern Europe series.  This time, our expertise shines in the field of Banking and Finance, marking another milestone in our commitment to providing comprehensive legal insights. Our team, comprising Senior Associate Miloš Petaković and Associate Teodora Ristić, worked on the chapter dedicated to Serbia, shedding light on the legal framework governing the country’s financial services sector.  With a comprehensive analysis of relevant legislation, the chapter offers essential information contributing to a detailed understanding of Serbia’s financial services landscape. The Banking and […]

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30 May 2023

Serbian Public Enterprises to Transform into Joint Stock Companies or Limited Liability Companies

The Government of Serbia has adopted the proposed Act on the Management of Enterprises Owned by the Republic of Serbia, which foresees the transformation of public enterprises into joint-stock or limited liability companies.  Twenty-three public enterprises are thus set to change their legal form.  A complete automated English translation of the Draft Act is available here. In this transition, the equity capital of a public enterprise will be converted into shares or stakes, depending on the legal form.  The change maintains the public enterprise’s legal subjectivity and business identity without liquidation or interruption of legal continuity, retaining its identity in […]

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