The same issue of the Official Gazette of the Republic of Serbia (No. 35/2026) contains both amendments to the Trade Act and an entirely new Consumer Protection Act. The Trade Act amendments have applied since 1 May 2026. The Consumer Protection Act entered into force the same day, but under Art. 220, its general application did not begin until 1 August 2026 – with the exception of Art. 4(1) and Art. 6 (price-transparency obligations), which applied from 1 May. As of publication, both instruments are therefore in full effect. 

The genuine “prior price” before a discount (Art. 37 of the Trade Act) 

For the first time, the law precisely defines “prior price” as the lowest price at which the merchant offered the goods during the 30 days preceding the start of a discount – closing off the practice of artificially raising a price shortly before a sale to make the advertised discount look larger. For goods that have been in a merchant’s assortment for less than 30 days, the reference period is a minimum of 15 days. Seasonal sales are limited to two periods per year (25 December – 10 January and 1–15 July), each capped at 60 days. 

Duration of promotional sales (Art. 36) 

A promotional sale – introducing a product into the assortment at a reduced price – is capped at 60 days, on condition that the promotional price is genuinely lower than the regular selling price. 

Obligations for online merchants (Art. 34 of the Trade Act and the new Consumer Protection Act) 

Distance sellers must make the product declaration permanently and directly accessible to the consumer before purchase, without burying it behind additional links or steps. The new Consumer Protection Act goes further, introducing obligations specific to online marketplaces – in application since 1 August 2026: a duty to explain to consumers which parameters determine the ranking of offers and their relative weight, a duty to clearly indicate whether a third-party seller is acting as a trader or as a private individual, and an explicit ban on fake reviews and unverified product ratings.

Penalties (Trade Act) 

Violations under Art. 67 (labeling, record-keeping, price display, advertising) carry fines of up to RSD 100,000 for a legal entity; more serious violations under Art. 68 (unlicensed trading, speculation, pyramid schemes) carry fines ranging from RSD 500,000 to RSD 2,000,000. Art. 69a introduces mitigating and aggravating factors – the nature and severity of the violation, its duration, prior violations, and the financial benefit obtained – which the competent authority must weigh when setting the penalty. 

Practical steps 

Merchants, and online marketplace operators in particular, should promptly bring their pricing history into compliance (documenting the lowest price over the preceding 30 days), review the duration of ongoing promotional campaigns, and – if operating a marketplace for third-party sellers – introduce transparent ranking disclosures and review verification: obligations that, with the Consumer Protection Act’s general application already underway since 1 August, are now live rather than merely upcoming. 

This text is informational in nature and does not constitute legal advice.