BDK Advokati

Consumer protection laws in Serbia, Montenegro, and Bosnia and Herzegovina are largely based on the EU regulatory framework. In addition to legal expertise, our consumer protection lawyers have a firm understanding of the policies behind consumer protection regulations dictating their application.

We advise clients on permissible ways of promotion in electronic and print media, including commercials, TV sales, product placement, and online advertising. We assist in drafting sponsorship contracts and branding agreements, as well as in completing advertising declarations. We cover the restrictions concerning the advertising of alcohol, tobacco, and tobacco products. We also advise on the permissibility of direct marketing and the use of consumers’ personal data in direct marketing efforts.

We provide advice regarding the required information on the goods and services offered to consumers and product labelling. We detect and assess potentially unfair contract terms, and draft sales and services agreements as well as terms and conditions. We provide legal assistance regarding online sales, delivery of digital content, e-payments, as well as obligations of the trader in the event of consumer’s withdrawal from a distance or off-premises contract.

Our team helps clients avoid the risk of regulatory breaches related to misleading or aggressive business-to-consumer practices. We advise clients on the questions regarding the conformity of goods and services and warranty terms, including how to act upon requests for removal of non-conformity, termination of contract or reduction of price. We also deal with time-share, package travel, long-time holiday product, and other services, and draft warranty terms. Our practice includes advising on general product and food safety requirements, and representing clients in product withdrawal and recall procedures.

Our corporate group advises on the most appropriate corporate forms for establishing a presence in local jurisdictions, but also on complex issues such as corporate governance, corporate finance, capital increases, debt-to-equity swaps, capital reductions and liquidations. Our full-service approach allows us to be an effective corporate housekeeper to our clients and advise on commercial contracts and regulatory aspects of their businesses.

We assist clients throughout contentious situations, from dispute prevention and assessment of the likelihood of success, to representation in litigation and arbitration, and ultimately enforcement. We also help clients draft adequate dispute resolution clauses in commercial contracts and avoid formal proceedings by negotiating settlement arrangements.

Employment regulations in Serbia, Montenegro and Bosnia and Herzegovina are largely idiosyncratic, which makes legal support essential. Our employment practice spans from everyday support to employers in managing their relationships with employees and ensuring compliance with labour regulations, through to assistance in meeting the challenges posed by modern technologies in the workplace, and to helping them in contentious situations.

• Setting up a solid internal framework: Drafting of disciplinary rules and various company policies. Ensuring proper localisation of  global policies.
• Ensuring compliance: Implementing a whistleblowing scheme. Advice on occupational health and safety requirements. Ensuring overall compliance with employment regulations.
• Establishing relationships: Drafting employment agreements, management agreements, and out-of-employment agreements. Advising and implementing non-competition, non-solicitation, Intellectual Property, data protection and privacy clauses. Advice on outsourcing.
• Rightsizing the workforce: Advice on and support in carrying our redundancies.
• Secondments: Advice on secondments within Serbia and cross-border.
• White collar work: Appointment and dismissal of directors/board members. Drafting management agreements for directors/board members. Advice on implementing remuneration plans and incentive schemes.
• Immigration issues: Advice and assistance in the procedure for obtaining/extending residence and work permits for foreign employees and their family members. See more information on our Immigration page.
• Collective bargaining: Relations with trade unions, support in negotiating collective bargaining agreements and advice on their application, advice on the prevention of strikes and the minimization of their effects, representation in industrial disputes.
• Terminations: Assessment of the grounds for dismissals. Advice on and guidance through the procedure. Drafting the dismissal documentation. Assistance and guidance through sensitive negotiations.
• Labour disputes: Representation in labour litigation.
• Data Protection and Privacy: Advice on how to address the impact of new technologies on the traditional standards of behaviour in the workplace and on how to overcome the growing overlap between private and work spaces. Drafting privacy policies. Registration of filing systems with the Data Protection Authority. Cross-border data transfers.
• IP at the workplace: Advice on work-related copyright, design and patent.
• Tax: Advice on tax and social contribution regimes related to different forms of employment.

We advise foreign companies planning on relocating their workforce to our jurisdictions, local companies intending to hire foreigners, and foreign individuals relocating to our jurisdictions to work.

Our immigration services are comprehensive and include:

• advice on applicable visa and other entry regimes, residence permits and work permits;
• drafting agreements and other necessary documentation required to support applications for residence and work permits;
• representing and handholding the client in the course of relevant proceedings to obtain or extend requisite permits;
• tracking the immigration status of foreigners and timely communicating the steps to be taken to extend the permits;
• advice on personal income tax and social security measures;
• representing foreigners who have been denied entry in proceedings before local authorities and courts.

We are capable of providing immigration services on a large-scale basis.

Our diverse IP and IP-related practice covers:

• Trademark protection
• Protection of unregistered rights (unfair competition and other available legal mechanisms)
• Copyright protection, including collective protection of copyright
• Industrial design protection
• Patents
• IP litigation
• Drafting and negotiating IP-related agreements (trademark licensing and assignments, know-how licensing, patent licensing and assignments; distribution agreements, sponsorship agreements; franchising agreements)
• Cyber space issues
• Advertising

Our extensive knowledge of the regional real estate market and experience of our team allow us to successfully aid clients when planning, structuring and financing their real estate project, negotiating transactional documentation, managing the entire project cycle, arranging for successful exists and effectively protecting their rights and interests in case of disputes.

Key areas of expertise:

• Project Structuring: Advising on setting up the most appropriate project structure. Incorporation of project vehicles with adequate management organization.
• Zoning and planning: Assessing the existing planning documents. Advising on the procedure for adoption of a new planning  document and assisting the investor throughout the process. Working in tandem with technical consultants ensuring the appropriate planning basis for the project. Advising on the necessity of environmental assessment. Negotiating the agreements on land development fee and the agreements on development of municipal infrastructure.
• Real Estate Acquisition: Real estate title due diligence. In-depth target legal due diligence in case of share deals. Advising on all aspects of a prospective investment. Negotiating transaction documents and executing the transaction.
• Leasing: Setting-up standard lease documents for commercial landlords. Negotiating heads of terms, lease agreements and supporting lease documentation. Advising on risks related to early termination, fit-out works, rent review process, maintenance and repair obligations etc.
• Real Estate Finance: Negotiating term sheets, facility agreements and security documents. Perfecting the security package. Advising lenders and borrowers throughout the lending process.
• Real Estate Joint Ventures: Advising on structuring real estate joint ventures. Analysing associated corporate, tax and financing issues. Negotiating joint venture agreements, shareholder agreements, and other associated documents.
• Property Management: Advising commercial landlords on day-to-day legal issues arising from managing a real estate portfolio.
• Real Estate Disputes: Advising on construction disputes between contractor and developer, lease terminations, evictions, lease and service charge claims. Advising on property transaction disputes.