NEW CONSUMER PROTECTION ACT: What Does It Mean for Manufacturers and Traders?

By adopting the Consumer Protection Act¹ , which entered into force on May 1, 2026, Serbia has taken a significant step towards aligning with the European model of market regulation. The Act not only introduces new rules but also reshapes business practices and imposes substantially stricter oversight across the entire supply chain, from manufacturers and importers to traders and providers of digital services. For economic operators placing goods or services on the market, understanding the new obligations and ensuring timely compliance is not merely a matter of legality, but also of effective risk management.

I. Timeline of Application

The Act will apply upon the expiry of a three-month period from its entry into force, i.e. as of August 1, 2026, subject to important exceptions.

As of May 1, 2026, certain obligations regarding price transparency are already applicable, in particular:

• the obligation to publish a digital price list on the website, updated in real time for each point of sale;

• the obligation to enable automated price monitoring through software tools and the national open data portal;

• the obligation to comply with the published prices.

Economic operators that have not yet fulfilled these obligations are already exposed to regulatory risk.

II. Key Changes – Overview for Businesses

Digital Content and Services

For the first time, the Act comprehensively regulates the sale of digital content (software, video games, streaming platforms, etc.). Traders are responsible for the conformity of digital products and must ensure the provision of necessary updates, including security updates, throughout the entire duration of the contractual obligation.

Reversal of the Burden of Proof

One of the most significant changes is that, during the first year following delivery, the burden of proving that the product or service was compliant shifts to the trader.

Complaints and Repairs – New Rules

While the two-year liability period for lack of conformity remains in place, stricter rules have been introduced:

• the consumer has the right to choose between repair and replacement of the product;

• any further repair following a repeated defect is only permitted with the consumer's consent.

Informal and ad hoc approaches to handling complaints are no longer acceptable -formalized and properly documented procedures are required.

Price Transparency and Ban on Misleading Discounts

The Act introduces the “lowest price in the previous 30 days” rule as the basis for displaying discounts, directly impacting marketing and pricing strategies.

Protection Against Unfair and Aggressive Commercial Practices

A registry of consumers who do not wish to receive promotional calls or messages is established. Protection of minors has been strengthened, and the prohibition on the sale of electronic cigarettes and similar products has been further clarified.

III. Obligations Within the Supply Chain

Manufacturers and importers are required to ensure accurate and complete product labeling, consistent technical data and documentation, clear instructions for use, and support in complaint-handling procedures. This responsibility extends throughout the entire lifecycle of the product on the market.

Traders remain liable to consumers regardless of any fault on the part of the supplier; therefore, verifying the reliability of suppliers and the adequacy of accompanying documentation is now not only a legal obligation but also a business necessity. Particular attention is given to e-commerce and digital sales channels.

IV. Most Common Compliance Risks

An analysis of the regulatory framework and existing market surveillance practice indicates several areas where businesses most frequently fail to comply with statutory requirements. These risks do not arise solely from formal deficiencies, but often reflect underdeveloped internal processes and misaligned relationships within the supply chain.

In this regard, particularly high-risk situations include outdated or non-compliant general terms and conditions, digital price lists that are not regularly updated or are inconsistent with actual prices applied, as well as cases where complaint-handling procedures are not clearly defined or properly documented. In addition, a frequent source of non-compliance is the lack of adequate technical documentation demonstrating product conformity, as well as inadequately regulated relationships with suppliers concerning the allocation of liability for non-conformity.

V. Recommendations for Manufacturers, Importers and Traders

In order to mitigate the identified risks and ensure compliance with statutory requirements, a systematic approach is recommended, encompassing the simultaneous improvement of documentation, procedures, and contractual arrangements.

For manufacturers and importers, this primarily involves a comprehensive review of declarations, instructions for use, and warranty documents, as well as the completion of technical documentation and evidence of product conformity. At the same time, it is necessary to establish clearly defined internal procedures to support traders in complaint-handling processes.

Traders, on the other hand, should align their digital price lists and pricing policies with the new transparency requirements, update general terms and conditions and consumer contracts, place particular emphasis on formalizing and documenting complaint-handling procedures, and review supplier agreements in order to properly regulate recourse claims and the allocation of liability.

VI. Conclusion

The new Consumer Protection Act requires a comprehensive, system-oriented approach -from documentation to day-to-day operations. Timely compliance is not only a safeguard against regulatory risks, but also a direct investment in customer trust and long-term competitiveness.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For an assessment of your specific situation, we recommend consulting a qualified lawyer.