Do national sports federations for sports branches and areas in Serbia have an obligation to appoint a personal data protection officer? 

They do have an obligation, as established by the Opinion of the Commissioner for Information of Public Importance and Personal Data Protection No. 074-01-20/2023-10.

Article 4, paragraph 1, item 25 of the Law on Personal Data Protection defines a public authority as a state body, body of territorial autonomy and local self-government unit, public enterprise, institution, other public service, organization, and other legal or natural person exercising public authority. Article 2, paragraph 1, item 19 of the Rulebook on Competent National Sports Federations for Sports Branches and Areas in the Republic of Serbia defines which national sports federations are competent for sports branches and areas in Serbia.

If, in a specific case, it is determined that a certain body is a member of the Sports Federation of Serbia and that, based on the Law on Sports, it has the authority to issue work permits to individuals with appropriate qualifications in the relevant sports branch, as well as to issue, renew, and revoke work permits for sports professionals in cooperation with an accredited higher education institution, it is considered to have competencies that represent the exercise of public authority.

Thus, for example, a branch sports federation has the status of a public authority within the meaning of the Law on Personal Data Protection and therefore has the obligation to act in accordance with Article 56, paragraph 2, item 1 of the same law. Otherwise, it commits an offense.

What is the membership book of associations, societies, and federations in sports? 

In accordance with the Rulebook on the Membership Book of Associations, Societies, and Federations in the Field of Sports (Official Gazette No. 8/2018), the membership book consists of a binder with a larger number of identical registration sheets, made on white paper, an overview sheet of members of the sports association, and a collection of documents. Each member of the sports association has their own registration sheet, and each registration sheet has its own number.

Are there specific conditions regarding the number of animals in sports involving animals? 

In accordance with Article 21 of the Rulebook on Detailed Conditions for Performing Sports Activities and Sports Operations (Official Gazette RS 42/2017), a sports organization is considered to have the required number of horses for performing sports activities and related sports operations if it has at least three horses registered with the competent national branch sports federation for one or more sports disciplines.

When can a sports organization include the word ‘club’ in its name? 

In accordance with Article 35, paragraph 3 of the Law on Sports, a sports organization at the time of establishment cannot use the word ‘club’. A sports organization may include the word ‘club’ in its name if it continuously participates in sports competitions within the competent national branch sports federation, based on confirmation from that federation. Fulfillment of the condition is determined by a decision of the sports inspector in the inspection procedure, and an appeal against this decision may be submitted to the Ministry within 15 days from the date of delivery of the decision.

A sports organization participating in sports competitions must include in its name, before the word ‘club’, the name of the sports branch or discipline in which it competes, and if it participates in competitions in multiple sports branches or disciplines, its name must include the words: ‘sports club’.

What are the basic facts regarding sports arbitration? 

Article 53 of the Law on Sports regulates the term sports arbitration. Members of a sports association and the sports association itself may agree to resolve disputes over rights they freely dispose of, except for disputes under the exclusive jurisdiction of the court – by entrusting them to an ad hoc sports arbitration court or a permanent sports arbitration court at the Olympic Committee of Serbia – for Olympic sports, a permanent sports arbitration court at the Sports Federation of Serbia – for non-Olympic sports, and a permanent sports arbitration court at the Paralympic Committee of Serbia – for Paralympic sports. In cases of disputes regarding termination, annulment, determination of nullity, or fulfillment of contracts between an athlete or sports professional and a sports organization – also to the permanent sports arbitration court at the competent national branch sports federation. 

A dispute may also be subject to international sports arbitration in cases determined by the sports rules of the competent international sports federation. 

The general act of a sports association cannot prescribe mandatory arbitration, unless otherwise provided by the sports rules of the competent international sports federation. 

The Olympic Committee of Serbia, the Paralympic Committee of Serbia, and the Sports Federation of Serbia may jointly establish a unified permanent sports arbitration court for resolving disputes in sports.

Who elects the management of a sports association with more than 20 members? 

A sports association with more than 20 members has a management elected by the assembly of the association, in the manner determined by the statute. Decision of the Constitutional Court No. IUo-84/2022 confirmed that the presidency, as the executive body of a sports association with more than 20 members, is not competent to elect the management of the association, which is elected by the assembly.

What is a fitness service contract? 

As stated in professional literature, a fitness service contract is also referred to as a fitness contract or training contract, i.e., a membership contract with a fitness center. It is an unnamed contract that has characteristics of a bilateral, commutative, remunerative, and informal contract. It is most often concluded between a fitness center and a service user, whereby the fitness center enables the user to use the facilities intended for exercising, and the user undertakes to pay a monthly fee for using those services. 

What are status changes under the Law on Sports? 

Article 78 of the Law on Sports states that status changes of a sports association include merger, consolidation, division, and separation. Through a status change, a sports association transfers all or part of its assets to one or more existing or new sports associations, which are its general legal successors.

In the same status change, merger, consolidation, division, and separation may be combined.

There is one restriction – sports associations participating in league sports competitions may carry out status changes if the change does not affect the regularity of the competition and with prior approval from the competent national branch sports federation.

Who may perform sports activities only in the form of a sports business entity? 

According to Article 95 of the Law on Sports, legal and natural persons who do not participate in sports competitions organized by the competent national branch sports federation and whose predominant activity is providing professional services in sports as per Article 27, paragraph 1 of the Law on Sports (football schools, tennis schools, camps, fitness centers, other sports centers, etc.), may perform sports activities only in the form of a business entity or appropriate form of entrepreneurship and may not include the word ‘club’, ‘federation’, or ‘sports club’ in the name of that business entity or form of entrepreneurship.

Who can form sports societies? 

In accordance with Article 96 of the Law on Sports, sports organizations may form sports societies for the purpose of organizing and achieving common goals and interests, as well as joint participation in the field of sports.

A sports society is the holder of rights to a common name and common symbols, unless otherwise provided by the statute of the sports society.

Note: This text does not constitute legal advice, but reflects the personal opinion of the author.