On 1 August 2026, the new Consumer Protection Law will begin to apply, introducing significant changes in the field of consumer protection against unfair commercial practices of traders.
For the sake of reminder, an unfair commercial practice is a commercial practice of a trader that is contrary to the requirements of professional diligence and that materially distorts or is likely to materially distort the economic behavior of the average consumer with regard to the product to which that practice relates.
In addition to introducing new forms of unfair commercial practice, the new Law grants consumers new rights, while at the same time strengthening the mechanisms of inspection supervision and judicial protection in cases of such conduct by traders.
Below we present the most significant changes.
Misleading Commercial Practice
The new Law expands the existing cases of misleading commercial practice. Thus, placing goods on the market of the Republic of Serbia while claiming that they are identical to goods placed on the market of European Union Member States will be considered a misleading commercial practice, even though significant differences exist between those products in terms of composition or other characteristics.
Such conduct is permitted only where there are legitimate and objective reasons, such as adapting goods to different markets due to regulatory requirements, the availability of raw materials or their seasonal nature, the implementation of strategies for improving nutritional quality, as well as different product packaging, provided that consumers are clearly and easily informed of those differences and can easily identify them through the information made available by the trader.
Misleading Omissions
A misleading commercial practice may exist not only when a trader provides inaccurate information, but also when it fails to provide the consumer with material information in a timely manner or presents it in an unclear, incomprehensible, or ambiguous way. In this respect, the new Law introduces additional obligations regarding consumer information.
When products are offered through websites or online marketplaces, the trader will be required to provide information on the main parameters determining the ranking of products in search results, as well as information on the relative importance of those parameters.
In addition, where the trader allows the publication of consumer reviews, it will have to inform consumers whether and how it verifies that the reviews were actually submitted by consumers who purchased or used the product.
New Most Serious Forms of Misleading Commercial Practice
The new Law also introduces several forms of commercial practice that will always be considered misleading commercial practices, regardless of the circumstances of the particular case. This includes, among other things, situations where paid advertising or paid higher positioning of products in internet search results is not clearly and unambiguously identified.
Furthermore, the resale of tickets for events is prohibited if the tickets were obtained through the use of automated means designed to circumvent limitations on the number of tickets that one person may purchase.
Particular attention has been devoted to consumer reviews. Accordingly, it will be considered an unfair commercial practice to claim that reviews were submitted by genuine users of a product without taking reasonable measures to verify that fact, as well as to submit or commission false reviews for the purpose of promoting a product.
New Form of Aggressive Commercial Practice
With regard to forms of aggressive commercial practice, the new Law introduces a prohibition on obliging consumers to purchase a product or make any payment during a free excursion organized for the purpose of promoting or selling products.
Powers of the Market Inspection Authority
One of the more important changes is the power of the market inspection authority to establish, by means of a decision, the existence of an unfair commercial practice and prohibit the trader from continuing such practice. In this way, consumers are provided with additional protection, considering that the competent authority will be able to intervene and eliminate the unlawful practice without the need for each individual consumer to initiate court proceedings independently.
Consumer Rights
After a market inspector establishes that a trader has engaged in an unfair commercial practice, a consumer who has suffered damage as a result of such conduct may claim compensation for that damage in court proceedings.
In addition to the right to compensation for damages, if the unfair commercial practice resulted in the conclusion of a contract between the trader and the consumer, the consumer will also have at their disposal other rights provided for under the general rules of contract law, including the right to terminate the contract, obtain a price reduction, and use other remedies provided by law.
Practical Significance of the New Solutions
The new Consumer Protection Law introduces significant changes in the area of unfair commercial practices, particularly with regard to internet commerce, the ranking of products on online platforms, and the use of consumer reviews.
Consequently, the new rules impose additional obligations on traders concerning consumer information, business transparency, and the manner in which products and services are presented. Traders will therefore have to align their business operations with the new legal requirements in order to ensure compliance with the regulations and avoid the risk of inspection measures and other legal consequences.
Author:
Vuk Preradović, Junior Associate at PR Legal