Trans border flow of personal data: the case of the Republic of Serbia

• Aleksa V. Anđelković

Trans border data flow from Serbia is currently regulated by distinguishing two separate categories of entities: “safe” countries, members of the Council of Europe’s Convention, for which no additional obligations with respect to transfer of data are required and “other“ countries and international organizations for which adequote level of data protection has to be approved by the Serbian Data Protection Authority (DPA) prior to transfer of data. The approval process can be lengthy. Due to the rather low volume of approvals issued, no sufficient practice exists thus creating legal uncertainty for data exporters. Proposed drafts of the new Law on data protection provide different paradigms with regard to transfer of data abroad.