Ostoja Kalaba
With the adoption of the new Law on the Protection of Personal Data in 2018 and its entry into force, many novelties were introduced into the legal system of the Republic of Serbia based on the General Regulation on the Protection of Personal Data of the EU (GDPR), which regulates the general regime of data processing, and the so-called Police Directive (LED), which regulates the processing of personal data by competent authorities for the purposes of preventing, investigating, and detecting criminal offences, prosecuting perpetrators of criminal offenses or enforcing criminal sanctions, including prevention and protection against threats to public and national security (special data processing regime), regarding the elaboration of a number of issues related to the collection, holding, use, transfer and other actions of personal data processing with a lower or higher degree of adaptation to the characteristics of the domestic legal system.
Bearing in mind the complexity of the topic of personal data protection, the focus of this paper will be on the analysis of the provisions of the current legal framework in the field of personal data protection, which refer to the cross-border transfer of personal data in EU law and the law of the Republic of Serbia, with an emphasis on the general regime of data processing and a review of the legal possibilities of implementing this processing operation and their mutual compliance.
The aim of the analysis is to determine to what extent the transfer of personal data is adequately regulated in the law of the Republic of Serbia, what its potential shortcomings are, where certain solutions could be found, and to what extent this segment of personal data processing.
Read more: O. Kalaba, Cross-border transfer of personal data under domestic and European Union law, Evropsko zakonodavtsvo, Vol. 22 (2023), No 84, pp. 41-77
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