2025-09-01
The National Assembly of Serbia enacted this Law to regulate the rights of consumers utilizing financial services provided by banks, payment institutions, and merchants. It establishes comprehensive definitions, mandates transparent pre-contractual information, and prohibits discriminatory practices and unfair tying or bundling by service providers. The legislation further standardizes contract formation, requires clear calculation of effective interest rates, and sets specific rules for default interest and record-keeping to ensure consumer protection.
LAW ОN THE PROTECTION OF FINANCIAL SERVICE CONSUMERS1
Chapter I GENERAL PROVISIONS Subject matter Article 1 This Law regulates the rights of consumers of financial services provided by banks, financial lessors, payment institutions, electronic money institutions, public postal operator and merchants, as well as the conditions and manner of exercising and protecting those rights. Definitions Article 2 For the purposes of this Law, the following definitions shall apply:
5 - electronic commerce undertakes to deliver specific goods and/or services, the provisions of this Law shall not apply if the consumer has undertaken to pay the purchase price in instalments free of interest and additional charges, with the payment being entirely executed within 14 days of the delivery of the goods and/or services. The provisions of Article 18, paragraph 1, items 8) and 11), Article 20, paragraph 8, items 1), 14), 19) and 22) to 27), and Article 70, paragraph 1 of this Law shall not apply to credit agreements and/or financial arrangements where the total amount of credit and/or price is less than RSD 20,000, credit agreements and/or financial arrangements where there is no obligation to pay interest or any other charges and credit agreements and/or financial arrangements where the repayment term is no more than three months and/or where deferred payment is agreed over a period of up to three months and only limited charges are payable by the consumer. Relationship with other regulations Article 4 Matters concerning consumer protection that are not regulated by this Law shall be subject to the provisions of regulations governing bank operations, payment services and financial leasing, as well as the provisions of the law on contracts and torts. The protection of payment service consumers and electronic money holders shall be subject to the provisions of the law governing payment services. The protection of the user of credit services who is a consumer within the meaning of the law governing payment services, or an entrepreneur or farmer within the meaning of this Law, the services being provided by payment institutions and electronic money institutions, shall be subject also to the provisions of this Law relating to those credit services. The procedure of exercising the protection of the rights and interests of the consumers referred to in paragraphs 2 and 3 hereof shall be subject to the provisions of this Law relating to the exercise of the protection of consumer rights and interests. Non-discrimination Article 5 The conditions to be fulfilled for the provision of financial services shall not discriminate against consumers on the grounds of their nationality, permanent residence, temporary residence, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, ancestry, disability, age or sexual orientation or any other assumed personal feature. The service provider is free to decide whether it will establish a business relationship with a specific person, in accordance with the conditions defined for the provision of financial services. Paragraph 1 hereof shall not prejudice the service provider’s right to offer different conditions for the provision of financial services where those different conditions are based on objective criteria. Rules of contracting Article 6 A financial service agreement (hereinafter: agreement) shall be drawn up in writing and shall bear hand signature and/or qualified electronic signature by using at least two-factor authentication of
6 - consumer identity or by using high-reliability electronic identification schemes, in accordance with law and other regulations. Each contracting party shall receive a copy of the agreement. The agreement shall not contain provisions by which the consumer waives the rights guaranteed by this Law and any such provisions shall be null and void. The service provider shall draw up the provisions of the agreement, particularly those relating to its mandatory elements, in a clear and comprehensible way. The service provider shall keep in the file of each consumer the agreement and the agreement documentation relating to such consumer (offer, draft agreement, summary of mandatory elements, repayment/payment schedule, annex to the agreement containing new repayment schedule, notifications, reminders, etc.) for the duration of the contractual relationship and no less than five years after its termination, and/or enforced collection of debt where a longer period has not been defined by other law. Consumer’s request and consent Article 7 The service provider shall not provide a financial service to a consumer without the consumer’s prior request and/or explicit consent. The service provider shall not presume that the consumer consents to the conclusion of a financial service agreement or to the purchase of ancillary services presented through default options. Default options referred to in paragraph 2 hereof shall also include pre-ticked boxes on paper or another durable medium. The consumer’s consent to the conclusion of a financial service agreement or to the purchase of ancillary services presented through boxes on paper or another durable medium shall be given by a clear and unambiguous affirmative act establishing a specific, informed and unambiguous indication of the consumer’s consent to the content and substance associated with the boxes. Defined and definable contractual obligation Article 8 The contractual obligation shall be defined and/or definable. The pecuniary contractual obligation shall be deemed definable as regards its amount if it depends on agreed variable and/or variable and fixed elements, where variable elements are those that are officially published (reference interest rate, consumer price index, etc.). The pecuniary contractual obligation shall be deemed temporally definable if the time when it falls due can be accurately and unambiguously established on the basis of agreed elements. The elements referred to in paragraphs 2 and 3 hereof shall be of such nature that they cannot be affected by unilateral will of any of the parties. The service provider shall display in a visible place on the business premises where the services are offered, on its website, as well as on durable medium within electronic services, the daily information about the values of the agreed variable elements referred to in paragraph 2 hereof.
7 - The agreements governed by this Law shall not contain reference to the business policy, general and special terms of business and other acts of the service provider with respect to the elements of the agreement stipulated as compulsory under this Law. The service provider shall determine the pecuniary contractual obligation in the manner laid down in this Law. General terms of business Article 9 For the purposes of this Law, general terms of business of a service provider shall mean the terms of business adopted by the service provider and applicable to consumers, which regulate the terms of establishing relationship between the consumer and the service provider and of their communication, as well as the terms of transactions between the consumer and the provider of services. General terms of business shall be in compliance with laws and other regulations and shall provide for the application of good business customs, good business practices and fair treatment of consumers. General terms of business shall also include the acts governing fees and other costs charged by the service provider to consumers (e.g. fee schedule). The elements of a financial service agreement prescribed as mandatory by this Law may not be agreed between the service provider and consumer solely by accepting general terms of business or other similar act that does not constitute a separate agreement concluded with the consumer in the manner and in the form prescribed by this Law. The service provider shall display in a visible place on the business premises where the services are offered and on its website the information about its general terms of business in the Serbian language, prior to the conclusion of the agreement. In case of adopting new or changing existing general terms of business, the service provider shall notify the consumer thereof in the agreed manner and make those changes available to the consumer by no later than 30 days before they are applied, within which deadline the service provider shall also display them in a visible place on its business premises and on its website with a clearly specified date of the beginning of their application. The service provider shall give to the consumer relevant explanations and instructions regarding the application of general terms of business in respect of a specific financial service and shall also provide him with these terms in writing without delay, at the consumer’s request. Calculation of the effective interest rate Article 10 As a discount rate, the effective interest rate equates, on an annual basis, the present value of all cash flows and/or present value of all cash receipts with the present value of all cash expenses relating to the use of financial services, which are known at the time of disclosing such rate. The cash flows referred to in paragraph 1 hereof shall include as a minimum:
8 -
9 - The default interest rate, referred to in paragraph 1 hereof, on the amount of debt denominated in other foreign currency, shall be determined annually, at the level of the reference/key interest rate prescribed and/or applied in the conduct of main operations by the central bank of the country of the domicile currency increased by six percentage points. If the reference/key interest rate referred to in paragraphs 3 and 4 hereof is not determined as a fixed interest rate, but as a range between the minimum and maximum interest rate by the domicile central bank – the default interest rate shall be determined as the arithmetic mean of the minimum and maximum reference/key interest rate increased by six percentage points. The default interest rate shall be determined in the manner referred to in paragraphs 3 and 4 hereof even in the case when the amount of debt is denominated in a foreign currency and paid out in dinars. The default interest, within the meaning hereof, shall be calculated for the calendar number of days of the period of arrears in the settlement of obligations relative to the calendar number of days in a year (365 or 366 days), by applying a simple interest calculation of one hundred and the decursive calculation method, without accruing the calculated default rate to the principal with the expiry of the accounting period, according to the following formula: where: k – amount of default interest, G – amount of debt, p – prescribed annual default interest rate, d – calendar number of days of arrears in the accounting period, Gd – calendar number of days in a year (365 – normal year, 366 – leap year). , 100 Gd G p d k =
10 - The default interest referred to in paragraph 1 hereof shall be calculated for all calendar days in the accounting period. The accounting period means the period from the first day of arrears, and/or change to the amount of debt and/or change to the default interest rate in the period of arrears for which calculation is made, as at the day of final debt settlement. The default interest rate valid in the period for which calculation is made shall apply in the accounting periods referred to in paragraph 8 hereof. The total amount of the default interest shall be the sum of calculated interest for each accounting period referred to in paragraph 8 hereof. The default interest rates referred to in paragraphs 2 to 4 hereof shall be published by the National Bank of Serbia on its website and shall apply from the day following the publication day. The National Bank of Serbia shall publish the default interest rates referred to in paragraphs 3 and 4 hereof for the currencies envisaged by the regulation governing the types of foreign exchange and foreign cash bought and sold in the foreign exchange market. Caps on interest rates Article 12 The variable interest rate applied in credit agreements may not be higher than the weighted average interest rate for existing credit agreements of the same type, and/or purpose in the same currency (indexation) increased by 1/4 of that rate. The variable interest rate applied in housing credit agreements may not be higher than the weighted average interest rate for existing housing credit agreements with the variable interest rate in the same currency (indexation) increased by 1/4 of that rate. The fixed interest rate applied in housing credit agreements may not be higher than the weighted average interest rate for the new housing credit agreements with the fixed interest rate in the same currency (indexation) increased by 1/4 of that rate. The effective interest rate in credit agreements at the time of their conclusion may not exceed the default interest rate referred to in Article 11 of this Law increased by four percentage points. The effective interest rate in housing credit agreements at the time of their conclusion may not exceed the default interest rate referred to in Article 11 of this Law decreased by two and a half percentage points. The effective interest rate in credit card agreements at the time of their conclusion may not exceed the default interest rate from Article 11 of this Law increased by six percentage points. The effective interest rate in overdraft facility agreements at the time of their conclusion may not exceed the default interest rate from Article 11 of this Law increased by eight percentage points. The reissuance of a credit card, and/or extension of overdraft within the meaning of the provisions of this Article shall imply the conclusion of the credit card agreement, and/or overdraft agreement. The provisions of paragraphs 7 and 8 hereof shall apply accordingly to overrunning. The National Bank of Serbia shall publish on its website the weighted average interest rates referred to in paragraphs 1 to 3 hereof on 1 June of the current year – based on data as at 31 March of that year, and on 1 December of the current year – based on data as at 30 September of that year.
11 - If for any type of an agreement on credit with a variable interest rate on the agreed adjustment day that rate is higher than the interest rate referred to in paragraphs 1 and 2 hereof, the creditor shall apply the rate referred to in those paragraphs for the next repayment period and/or until the next adjustment of the nominal interest rate. When concluding a credit agreement, the bank shall apply the caps referred to in this Article within 15 days from the date of disclosure of weighted average rates, and/or the default interest rate referred to in Article 11 of this Law. The National Bank of Serbia shall regulate in more detail the type, and/or the purpose and structure of credits for which it publishes the weighted average interest rate referred to in this Article, as well as the method of calculation and disclosure of that rate. The provisions of this Article shall not apply to the consumers referred to in Article 2, item
12 - The consumer shall be informed of the actual costs referred to in paragraph 7 hereof before the conclusion of the credit agreement. If the service provider or a third party on the basis of an agreement with such provider also supplies ancillary services linked to financial services referred to in paragraphs 1 and 2 hereof, the consumer shall not be bound by the ancillary service agreement if the consumer exercises his right to withdraw from the main agreement. Right to be informed Article 14 The service provider has no right to charge any fee for data and information that it shall provide to the consumer in accordance with this Law, regardless of the form and manner in which such data and information are provided. The consumer has the right to receive, upon request, the data and information in connection with the concluded financial service agreement, the delivery of which is not explicitly prescribed by this Law, as well as to receive again the information and data that have already been delivered in accordance with this Law, in which case the service provider has the right to charge an appropriate fee. The person providing the collateral (hereinafter: collateral provider) under a credit or leasing agreement has the right to receive in writing a repayment schedule, debt balance, and other data related to the settlement of the principal debtor’s obligations once a year, and once a month at his request, free of charge. Minimum professional competence obligation Article 15 Employees engaged in the sale of financial services and/or ancillary services, or the provision of advisory services shall possess adequate qualifications, knowledge and experience, as well as professional and personal qualities, act with due professional care, in accordance with good business customs and professional ethics, respect the consumer’s person and integrity, and inform consumers fully and accurately of the terms of use of these services. Service providers shall ensure that employees engaged in the activities of sale, and/or provision of services referred to in paragraph 1 hereof possess adequate qualifications and shall ensure regular training of these employees. The National Bank of Serbia may prescribe more detailed conditions regarding the knowledge, expertise and qualifications that the employees referred to in paragraph 2 hereof must possess, as well as the manner and conditions for the conduct of their training. Rules of business conduct and financial education of consumers Article 16 When conducting its business activities, the service provider shall act honestly, transparently and with due professional care, as well as take into account the rights and interests of consumers and ensure their protection. Business activities referred to in this paragraph include the design and advertising of financial services, the conclusion and implementation of financial service agreements, as well as the provision of ancillary and advisory services.
13 - When concluding the financial service agreement and providing advisory services, the service provider shall take into account all information about the consumer’s circumstances and any specific requirement communicated by the consumer, as well as reasonable assumptions about the risks to the consumer’s situation throughout the duration of the financial service agreement, and shall warn the consumer of these risks. The service provider shall develop and implement the policy for the payment of wages and other remunerations to its employees so that the payment of remunerations does not affect fulfilment of the obligations referred to in paragraph 1 hereof, as well as that when providing advisory services, it does not prejudice the ability to act in the consumer’s best interest, and/or that the provision of such services is not contingent on sales targets. When establishing and applying remuneration policies for their employees responsible for the assessment of creditworthiness, the service provider shall observe the following principles:
Adequate explanations Article 21 The service provider shall provide to the consumer, free of charge and before concluding the financial services agreement in which the consumer has shown interest, adequate explanations about the agreement and any ancillary services that make it possible for the consumer to assess whether such agreement and the ancillary services are adapted to his needs and financial situation. The adequate explanations referred to in paragraph 1 hereof shall include the following:
21 - Where, after the conclusion of the agreement referred to in paragraph 1 hereof, the contractual parties agree to change the total amount of the consumer’s debt – the service provider shall reassess the consumer’s creditworthiness. The assessment of the consumer’s creditworthiness shall be carried out in the interest of the consumer, to prevent over-indebtedness with the service provider and irresponsible lending practices. These assessments shall take into account all factors based on which it can be concluded whether the consumer will regularly meet the obligations under the agreement. The assessment of the creditworthiness shall be carried out on the basis of relevant and accurate information about the consumer’s income and expenses and other financial and economic circumstances relevant for this assessment, taking into account the nature, duration and overall risk of the credit service for the consumer. The factors and information referred to in paragraphs 3 and 4 hereof may include evidence of income or other sources of repayment, information on financial and total assets and liabilities, in accordance with the National Bank of Serbia’s regulation. The factors and information referred to in paragraphs 3 and 4 hereof shall not include special categories of personal data within the meaning of the law governing the protection of such data. The service provider shall obtain the factors and information referred to in paragraphs 3 to 5 hereof from relevant and reliable sources whose validity can be verified, from consumers, as well as on the basis of a consultation of a database on consumer indebtedness. The service provider shall appropriately verify the factors and information referred to in paragraphs 3 to 5 hereof, including the use of documents that can be verified independently (e.g. excerpts from publicly available registers, etc.). If the application for concluding an agreement is submitted jointly by more than one consumer, the service provider shall perform the creditworthiness assessment on the basis of the joint repayment capacity of those consumers. The service provider shall regulate the consumer creditworthiness assessment process in its internal acts and establish rules on documenting and storing data and documents referred to in paragraphs 3 to 5, 7 and 8 hereof. Database on consumer indebtedness Article 24 The database on consumer indebtedness shall contain the data to the collection and processing of which the consumer has given written consent and data collected and processed in that base directly based on the law, especially the data about the consumer’s debt to service providers and other financial institutions and the regularity of the settlement of his obligations pertaining to such debt. To ensure the reliability of the database referred to in paragraph 1 hereof, the service provider shall regularly submit and update data stored in the database, and shall also be held accountable for the accuracy of those data. The National Bank of Serbia may prescribe the manner in which the database from paragraph 1 hereof (credit register) is established, organised and operated, including the manner in which it is financed and the manner of collecting, submitting, processing and storing data in such database.
22 - Results of the creditworthiness assessment Article 25 The service provider shall conclude a credit service or a leasing agreement only where the result of the creditworthiness assessment indicates that the obligations resulting from the agreement are likely to be met in the manner and within the deadlines required under the agreement. The service provider shall decide on the consumer’s application for a service and/or enable the consumer to conclude an agreement within 15 business days from the day the consumer submitted all requested data, information and documents. In case of a housing credit, or a mortgage-backed credit, the bank may extend the deadline referred to in paragraph 2 hereof by 10 business days and shall notify the consumer about the extension before the expiry of the deadline referred to in that paragraph. Where the service provider rejects the application to conclude an agreement referred to in paragraph 1 hereof, it shall immediately and in writing:
32 - the service provider demonstrates in a procedure before the National Bank of Serbia that such provision may result in a clear benefit for consumers. The level of the interest rate in a deposit agreement, regardless of whether it is fixed, variable or fixed and variable, may not be negative, i.e. below zero. A bank and/or lessor shall determine the nominal interest rate in the manner laid down in the provisions of this Article. The National Bank of Serbia may regulate the procedure referred to in paragraph 5 hereof. Notification on change in the interest rate Article 38 Where a variable nominal interest rate has been agreed, the service provider shall, in line with the agreement, notify the consumer in writing of any change in such rate before the change is applied (before the start of the repayment period and/or use of the outstanding credit amount at the new rate), and/or at least 15 days before the first credit instalment falls due at the interest rate changed under Article 12 hereof, and shall specify in such notification the date as of which such changed rate applies. In the notification referred to in paragraph 1 hereof, the service provider shall disclose separately the new value of the variable element (reference rate, index, etc.), and provide data on the date such value was published by the administrator of that element, as well as on the level of the fixed element and the total level of the new interest rate. Along with the notification referred to in paragraph 1 hereof, the service provider shall also deliver to the consumer in writing a modified credit or leasing repayment schedule and/or deposit payment schedule. A service provider shall make the schedule referred to in paragraph 3 hereof available to the consumer, at his request and free of charge, throughout the duration of the agreement. The notification obligation referred to in paragraph 1 hereof shall also exist in case of changes to variable elements that influence the amount of other pecuniary obligations. Reference rate discontinuation Article 39 Where the agreed variable rate is based on a reference rate which is no longer calculated and published, the rate stipulated as the alternative and/or replacement rate in the financial service agreement shall apply. Where, in the case referred to in paragraph 1 hereof, the financial service agreement does not envisage an alternative and/or replacement rate, a rate or another variable element which is officially published and the level of which cannot be influenced by any of the parties, as determined by the National Bank of Serbia, shall apply. The provisions of paragraphs 1 and 2 hereof shall apply accordingly also where a variable element other than the reference rate has been agreed under Article 8 hereof.
33 - Reference rate of the average funding cost of the banking sector Article 40 On its website, the National Bank of Serbia may publish the reference rate of the average funding cost of the banking sector of the Republic of Serbia, which may be stipulated as the variable element of the nominal interest rate. The National Bank of Serbia may regulate in more detail the manner of calculating and publishing the reference rate referred to in paragraph 1 hereof. C h a p t e r V SPECIAL CONSUMER RIGHTS Rights relating to the revolving credit agreement Article 41 A consumer may cancel a revolving credit agreement at any time, in the usual manner and free of charge, unless a notice period of no longer than one month has been agreed. If so agreed, a creditor may cancel a revolving credit agreement by giving a notice of cancellation to the consumer in writing at least two months earlier. If so agreed, a creditor may, due to justified reasons (unauthorised credit use, significant deterioration in the consumer’s creditworthiness, etc.), deprive the consumer of the right to draw down funds, but it shall notify the consumer of the reasons for such deprivation in writing, if possible without delay or within the next three days, except where the provision of such notification is prohibited by other regulations. Notification on outstanding debt and account overdraft Article 42 Within 15 days from the day of entry of data on consumer’s arrears in the database on consumer indebtedness from Article 24 of this Law, the service provider shall deliver to the consumer free of charge a notification on outstanding debt under a credit, revolving credit and/or leasing agreement. The notification referred to in paragraph 1 hereof shall contain information about the amount of principal, interest, charges, etc., disclosed on an individual basis, information about the total balance of debt on the specified date, as well as an explanation that the information about the late payment is recorded in the database on consumer indebtedness, including the consequences this may have on the consumer. In the case of overdraft facility, the service provider shall deliver to the consumer, at least once a month, in writing and free of charge, a notification – statement of account showing all transactions in the account, and shall deliver such notification without delay at the consumer’s request, while the bank shall have the right to charge an appropriate fee in such case. The notification referred to in paragraph 3 hereof shall contain the following data:
34 -
39 - Notification on the discharge of obligations and retaking possession of collateral Article 49 When a consumer discharges all his obligations under a financial service agreement, the service provider shall notify the consumer in writing thereof within 15 days from the day of discharge of these obligations. The notification referred to in paragraph 1 hereof shall contain data on the agreement under which obligations to the service provider were discharged, the amount of the discharged obligations and the signature of the responsible person. After full discharge of the consumer’s obligations to the service provider, the consumer and/or the provider of collateral shall have the right to retake possession of the unused collateral provided under the agreement. Where the collateral referred to in paragraph 3 hereof is a bill of exchange, the right of the consumer and/or collateral provider (bill of exchange issuer) to retake possession of an unused bill of exchange shall cease one year from the date of discharge of obligations under the agreement in relation to which such bill of exchange was issued. After the expiry of the deadline referred to in paragraph 4 hereof, the service provider shall destroy the bill of exchange referred to in that paragraph and make records thereof, to be delivered to the consumer and to the bill of exchange issuer. If it cannot enable the issuer of the bill of exchange referred to in paragraph 4 hereof to retake possession of the bill of exchange (lost or destroyed bill of exchange at the time of discharge of all obligations by the consumer), along with the notification referred to in paragraph 1 hereof, the service provider shall also deliver to the consumer and/or bill of exchange issuer the confirmation that the bill of exchange has been lost and/or destroyed. In the case referred to in paragraph 6 hereof, the service provider shall pay to the bill of exchange issuer the amount corresponding to the amount of costs borne by the consumer in relation to the blank bill of exchange, with statutory default interest from the date of discharge of obligations under a financial service agreement referred to in paragraph 1 hereof until the date of payment of such costs to the issuer. If the bill of exchange referred to in paragraph 4 hereof is collected and/or misused, the bank shall compensate the actual damages to the bill of exchange issuer, with statutory default interest from the date of collection of the bill of exchange until the date of payment of such compensation. Where the collateral referred to in paragraph 3 hereof is a mortgage registered in favour of the creditor or a movable asset pledged by entering the right of pledge in an appropriate register, the creditor shall, immediately after credit repayment, take adequate steps to delete the mortgage and/or the right of pledge from the register, and immediately notify the consumer and/or provider of collateral thereof, as well as of their deletion, unless it has been prescribed that the register shall notify them of such deletion of mortgage and/or right of pledge. A creditor may not charge any fee for taking the actions referred to in paragraph 9 hereof, regardless of whether there are actual costs. The obligations of the creditor referred to in paragraph 9 hereof shall not prejudice the right of the consumer and/or collateral provider to dispose of the mortgage that was not erased within the
40 - meaning of the law regulating mortgage, if the creditor was notified of the intention to use this right before credit repayment. Assignment of claims Article 50 A creditor may assign a claim from a credit services agreement concluded with a consumer referred to in Article 2, item 13), subitem (1) hereof only to another creditor, while a bank may assign its claim under such agreements only to another bank. The creditor shall notify the consumer of the assignment of claims referred to in paragraph 1 hereof without delay. When the provider of collateral is a consumer referred to in Article 2, item 13), subitem (1) hereof, the rules on the assignment of claims applicable to the principal debtor shall apply to such provider. In the event of assignment of creditor’s claims under a credit services agreement, the consumer shall retain all the agreed rights to the other creditor that he had in relation to the original creditor, including the right to complaint, and the other creditor may not place the consumer in a less favourable position than the position he would have had if the claim had not been assigned and the consumer may not be subject to additional costs as a result of such assignment. The provisions hereof shall apply accordingly to claims under a leasing agreement. C h a p t e r VI LINKED CREDIT AGREEMENTS AND BUNDLING/TYING PRACTICES Linked credit agreements Article 51 If the consumer exercises his right to withdraw from the agreement on the purchase of goods and/or provision of a service in accordance with the law governing consumer protection, he shall not be bound by the linked credit agreement. In the case referred to in paragraph 1 hereof, the seller shall notify the creditor of the withdrawal from the agreement on the purchase of goods and/or provision of a service within eight days from the withdrawal and the creditor shall return to the consumer the repaid amount of credit (with interest) that the consumer has repaid to the bank by the time of withdrawal from the agreement, without delay and not later than 30 days after being notified of the withdrawal. If an agreement on the purchase of goods and/or provision of a service is concluded, and the credit under a linked credit agreement is not approved, the agreement on the purchase of goods and/or provision of a service shall be terminated, unless the person who has not been approved such credit decides to keep that agreement in force. The provisions hereof shall apply accordingly to a leasing agreement.
41 - Bundling and tying practices Article 52 A creditor may apply bundling practices. It is prohibited for a creditor to apply tying practices. Notwithstanding paragraph 2 hereof, the creditor may request the consumer to open or maintain a payment or savings account as a condition for concluding a credit agreement, where the only purpose of such an account is:
C h a p t e r VIII DISTANCE CONTRACTS Article 57 Financial services referred to in this Law that are concluded, and/or provided at a distance shall be subject to the provisions of this Law and the law regulating the protection of financial service consumers in distance contracts. A service provider which concluded a distance contract with a consumer by a means of distance communication shall enable the consumer to exercise his rights under this Law via the same means of distance communication. If a consumer and a service provider conclude a financial service agreement through electronic services, the consumer shall have the right to request, during the business hours of the service provider which may not be shorter than 50 hours per week, communication with a natural person employed and/or engaged with the service provider in the pre-contractual phase and, in justified cases, also after contract conclusion, in order to obtain necessary explanations. A consumer may sign a distance contract worth up to RSD 1,200,000, and, by way of exception, a distance deposit worth up to RSD 2,400,000, if the service provider has verified and
44 - confirmed his user identity, using at least two-factor identity authentication or using high-reliability electronic identification schemes, in accordance with law and other regulations. The National Bank of Serbia may prescribe in detail the particular rights of financial service consumers arising from distance financial service contracts, as well as the terms and manner of the exercise and protection of those rights. C h a p t e r IX UNFAIR COMMERCIAL PRACTICE AND UNFAIR CONTRACT TERMS Article 58 The National Bank of Serbia may determine if the service provider has engaged in an unfair commercial practice or negotiated and/or applied unfair contract terms. A term of a financial service agreement which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of conscientiousness and good faith, it causes a significant imbalance in the parties’ rights and obligations arising from the agreement to the detriment of the consumer. A term shall be regarded as not individually negotiated where it has been drafted in advance, and the consumer has therefore been unable to influence the substance of the term, particularly in the context of a pre-formulated standard contract and/or a contract of adhesion. The fact that certain aspects of a term or one specific term have been individually negotiated shall not prejudice the application of this Article to the rest of a contract if an overall assessment of the contract indicates that it is nevertheless a contract of adhesion. Where any service provider claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him. The unfairness of a term of a financial service agreement shall be assessed taking into account the type and the nature of the services, conditions and circumstances attending the conclusion of the agreement and all the other terms of the agreement or of а linked agreement. The assessment of the unfair nature of the terms within the meaning of this Article shall relate neither to the definition of the subject matter of the agreement, i.e. subject of the financial service, nor to the term on the price of the service as remuneration for the service, in so far as these terms are in plain intelligible language. Where there is doubt about the meaning of a term in a financial service agreement, the interpretation most favourable to the consumer shall prevail. A term of a financial service agreement determined unfair by the National Bank of Serbia shall stop having legal effect from the moment it is determined as unfair. Notwithstanding paragraph 9 hereof, where an unfair contract term has produced significant material consequences for the consumer, the National Bank of Serbia may specify that the term of a financial service agreement which it has determined as unfair shall stop having legal effect from the time it was negotiated, but no more than three years from the first day of the year in which the term was determined to be unfair. The provision of paragraph 9 hereof shall not prejudice the right of the court to determine the nullity of an unfair term in a financial service agreement.
45 - The provisions of the law regulating consumer protection shall apply to all matters relating to unfair contract terms which are not regulated by this law. Unfair commercial practice shall have the meaning laid down in the law regulating consumer protection. The procedure for determining unfair commercial practice or unfair contract terms shall be conducted by the National Bank of Serbia in the course of the supervision procedure laid down in the law regulating the operations of service providers. If it determines that a service provider engaged in an unfair commercial practice or negotiated unfair contract terms, the National Bank of Serbia shall apply some of the measures from the law governing the operations of that provider ordering the termination of such commercial practice, and/or prohibiting the application and negotiation of such contract terms, and it may also order the service provider to take other actions. In the case referred to in paragraph 15 of this Article, the National Bank of Serbia may fine the service provider in accordance with the law governing the operations of that service provider. C h a p t e r X EXERCISE OF CONSUMER’S RIGHTS AND INTERESTS Right to complain to the service provider Article 59 The consumer shall be entitled to file a complaint in writing (hereinafter: complaint) to the service provider if he thinks that the provider has failed to abide by this Law, other regulations governing financial services, general terms of business and/or obligations under the agreement concluded with the consumer. The consumer shall have the right to file a complaint within six months from learning about the violation of his right. In any case, the right to file a complaint shall cease upon the expiry of three years from the date of violation of the consumer’s right. The collateral provider shall also be considered a consumer within the meaning of paragraph 1 hereof. The service provider shall submit in writing a clear, understandable and complete reply to the complainant no later than 15 days from the receipt of the complaint. In the reply from paragraph 5 of this Article, the service provider shall indicate to the consumer his right to file a complaint to the National Bank of Serbia and inform him of the manner of filing such complaint. Notwithstanding paragraph 5 hereof, if the service provider is not able to reply within the deadline prescribed therein due to reasons beyond the provider’s control, this deadline may be extended by another 15 days at most, of which the provider shall notify the complainant, in writing, within 15 days from the date of receipt of such complaint. In the notification referred to in paragraph 7 hereof, the service provider shall state, in a clear and understandable manner, the reasons for which the provider was not able to deliver a reply within
46 - 15 days from the receipt of the complaint, as well as the final deadline for the delivery of a reply in accordance with that paragraph. The service provider may not charge any fees or any other costs to the complainant for its actions in response to the complaint. On its business premises where services are offered to consumers and on its website, as well as within electronic services, the service provider shall provide an option for consumers to make a complaint and/or option for the consumer or collateral provider to learn about the manner of filing a complaint and actions in response to such complaint. If a financial service is concluded at a distance, the service provider shall enable the consumer to file a complaint in the same manner, by the same means of distance communication, and/or in the same written form. The National Bank of Serbia shall prescribe in more detail the manner of filing a complaint and the manner in which the service provider shall act in response to such complaint. Right to complain to the National Bank of Serbia Article 60 If the complainant is not satisfied with the reply referred to in Article 59 of this Law or if the reply was not submitted within the deadline prescribed therein, the complainant may, before initiating court proceedings, file a complaint in writing to the National Bank of Serbia, should he deem that the service provider has not complied with the provisions of this Law, other regulations governing financial services, general terms of business or obligations under the agreement concluded with the consumer and/or the complainant. The complainant may file a complaint to the National Bank of Serbia within six months from the date of receipt of the reply referred to in paragraph 1 hereof or the expiry of the deadline referred to in that paragraph. The National Bank of Serbia shall not consider the complaint in the following cases:
49 - After the initiation of mediation procedure, the consumer may no longer file a complaint, except in case such mediation ended in suspension or withdrawal, whereas if a complaint has already been filed, the National Bank of Serbia shall suspend its actions in response to the complaint, and/or discontinue such actions if the mediation ended in settlement. The deadline for filing the complaint referred to in Article 60, paragraph 2 hereof shall not run while the mediation procedure is ongoing. The National Bank of Serbia shall prescribe in more detail the manner of submission of the proposal for initiating mediation procedure before the National Bank of Serbia and the way of acting upon this proposal. Measures to eliminate irregularities Article 62 If a complaint procedure establishes that the service provider has not complied with the provisions of this Law, other regulations governing financial services, general terms of business or obligations under the agreement concluded with the consumer, the National Bank of Serbia shall prepare findings and deliver them to the service provider, requesting its reply. The service provider may reply to the findings referred to in paragraph 1 hereof within the deadline specified in those findings, which may not be longer than 15 days. If the service provider does not reply to the findings within the specified deadline, or if the National Bank of Serbia deems that the statements in the reply do not change the factual state, and/or legal assessment from the findings – the National Bank of Serbia shall issue a decision ordering the service provider to remove the identified irregularities within a specific deadline and submit evidence thereof within the deadline set in the decision. If the findings referred to in paragraph 1 hereof establish that the service provider has committed a violation referred to in Article 72 of this Law, and/or violations punishable under the law governing payment services by the fines imposed in the procedure of protection of rights and interests of payment service consumers and electronic money holders, the National Bank of Serbia shall also impose on the provider concerned, by virtue of the decision from paragraph 3 of this Article, a fine referred to in that Article, and/or a fine established by the law governing payment services, at its discretion, based on the assessment of the gravity of the established irregularities, conduct of the service provider and of the responsible persons of the provider and other relevant circumstances under which the irregularity came about. If, in the case referred to in paragraph 3 hereof, the service provider fails to submit to the National Bank of Serbia evidence that irregularities have been eliminated within the deadline established in the decisions referred to that paragraph, the National Bank of Serbia shall issue a decision imposing a new fine on the provider, the fine being in the maximum amount defined by Article 72 of this Law, and/or by the law governing payment services. If, for the sake of timely removal of irregularities, it is necessary to give such order to the service provider immediately and/or within a short deadline, or if the service provider could have removed such irregularity during the procedure had he acted with due professional care, but did not, and where during the complaint procedure the service provider was given the opportunity to state his position, in its reply, on all the facts relevant for decision-making – the National Bank of Serbia may issue a decision ordering the service provider to remove the identified irregularities and/or impose a
50 - fine from Article 72 of this Law – without prior submission of the findings regarding the complaint to the provider for reply. If, in its reply to the findings, the service provider has submitted evidence that it had already removed all the irregularities established in the findings, the National Bank of Serbia may – taking into account whether it is a potential systemic irregularity and assessing the provider’s prior conduct, the gravity of established irregularities, demonstrated readiness of the service provider to remove them and other relevant circumstances in which such irregularities were committed – suspend the procedure by virtue of a decision or, regardless of whether the irregularities have been removed, impose a fine in accordance with paragraphs 4 and 5 hereof. The fine referred to in this Article shall be paid to the account of the National Bank of Serbia. If the bank fails to pay the fine imposed by the decision from this Article within the deadline specified in that decision, the fine shall be collected through enforced collection, by transferring the bank’s assets from its account with the National Bank of Serbia to the National Bank of Serbia’s account. An administrative dispute may be initiated against the decision referred to in this Article, but any action against it may neither prevent nor postpone its enforcement. In the administrative dispute proceedings against the decision referred to in this Article, the court may not decide upon an administrative matter which is within the competence of the National Bank of Serbia as stipulated by this Law. Notification for the service provider Article 63 If the complaint procedure establishes less important irregularities, and/or irregularities that were assessed as non-systemic (e.g. arising from an operational error or failure in employees’ work etc.) and it is in the consumer’s interest that such irregularity be removed as soon as possible, instead of the findings referred to in Article 62, paragraph 1 of this Law, the National Bank of Serbia may deliver to the service provider a notification specifying that the service provider may remove those irregularities within the timeframe stated in the notification, in order not to proceed with measures in accordance with Article 62 of this Law. If the service provider submits evidence that he has acted in accordance with the notification from paragraph 1 hereof, the National Bank of Serbia shall not take measures in accordance with Article 62 of this Law. If the service provider fails to comply with the notification from paragraph 1 hereof, the National Bank of Serbia shall issue a decision in accordance with Article 62, paragraph 6 of this Law. Implementation of supervisory procedures and the collection of data Article 64 The provisions of this Article shall not prejudice the power of the National Bank of Serbia to supervise, in accordance with the provisions of separate laws governing the operations of service providers, the service provider’s compliance with this Law and other regulations governing financial services, or to take measures in case of established irregularities and impose fines in accordance with those laws.
51 - The supervision referred to in paragraph 1 hereof, including taking of measures and imposing of fines referred to therein, may also be exercised by the National Bank of Serbia on the grounds of knowledge about irregularities committed by the service provider, gained in the course of acting in response to a complaint or in the course of conducting a mediation procedure in accordance with this Law. The National Bank of Serbia shall determine the data, information and reports relating to the implementation of this Law and other regulations governing financial services which the service providers are required to submit to the National Bank of Serbia regularly and/or upon special request, and the manner of their submission. Publishing information about the measures imposed Article 65 The National Bank of Serbia shall publish twice a year, for the period from 1 January until 30 June and the period from 1 July until 31 December, on its website and/or in other appropriate manner, the list of service providers against which measures have been imposed in accordance with Articles 62 and 63 of this Law, and/or in accordance with the law governing the operations of service providers. Right to court protection Article 66 The institution and conduct of a complaint and/or mediation procedure under this Law shall not be a precondition for, nor shall it exclude or affect the consumer’s right to court protection, in accordance with law. Specificities of consumer protection if the service provider comes from a member state or a third country Article 67 The protection of consumers of financial services rendered in the Republic of Serbia by a service provider from another member state of the European Union (hereinafter: member state) or a third country through a branch office or an agent shall be subject to the provisions of Articles 59 to 66 of this Law. The complaint referred to in Article 59 of this Law shall be filed directly to the branch office and/or agent of the service provider referred to in paragraph 1 hereof. If the consumer files a complaint against a service provider rendering financial services directly in accordance with the regulations of the European Union, the National Bank of Serbia shall notify thereof the competent authority of the provider’s home member state. In case of cross-border disputes, the National Bank of Serbia and/or other mediators shall cooperate actively and exchange, in accordance with law, information and data with the bodies of other member states authorised to conduct out-of-court dispute resolution between the service provider and the consumer. The provisions of Article 72, paragraphs 2 and 4 of this Law shall also apply to a service provider and electronic money issuer from a member state or a third country, which provide payment services and/or electronic money issuance services in the Republic of Serbia, through a branch office or agent, in accordance with the law governing payment services.
52 - C h a p t e r XI FINANCIAL ARRANGEMENTS OFFERED BY MERCHANTS Analogous application Article 68 The provisions of Articles 5 to 9 and Articles 14 and 17 of this Law shall apply by analogy to financial arrangements. Withdrawal from a financial arrangement Article 69 A consumer who withdraws from a financial arrangement with the merchant shall immediately return the purchased item to the merchant. The consumer from this paragraph shall promptly, and no later than 30 days from sending the notification on withdrawal from paragraph 1 hereof, compensate for the loss suffered by the merchant if the value of the purchased item decreased and shall pay the interest agreed in the financial arrangement agreement from the day of entering into a purchase agreement until the day of interest payment, and the merchant shall not be entitled to any other compensations. Advertising and offer Article 70 When advertising, offering and contracting a financial arrangement by the merchant, particularly sale involving the payment of price in instalments, the merchant shall in particular specify data on the goods or service, cash price, as well as the amount to be paid upfront, as a downpayment or first instalment. By way of exception, in special and justified cases where the medium used for communicating the information from paragraph 1 hereof does not allow that information to be visually displayed, this information need not be shown in advertising. In special and justified cases where the electronic medium used for communicating the information from paragraph 1 hereof does not allow that information to be visually displayed conspicuously and clearly, consumers shall be enabled to access that information by means of clicking, scrolling or swiping. If a financial arrangement for the sale of goods with a 0% interest rate is advertised, all benefits enjoyed by the consumer who pays the price in cash shall be specified as well. If sale involving the payment of price in instalments, which is considered as crediting of the consumer within the meaning of this Law, is advertised, the difference between the price of purchase by deferred payment and the price of purchase by cash payment shall be disclosed in percentages. The minister in charge of consumer protection shall prescribe the layout and content of the form of the financial arrangement offer.
53 - C h a p t e r XII SUPERVISION Article 71 The National Bank of Serbia shall supervise the application of this Law by service providers, in accordance with this Law, the law governing the status, organisation, powers and tasks of the National Bank of Serbia, as well as laws governing the operations of those service providers. The ministry in charge of consumer protection shall supervise the application of this Law by providers of financial arrangements in accordance with the law governing consumer protection. C h a p t e r XIII PENAL PROVISIONS Fines imposed by the National Bank of Serbia Article 72 For acting contrary to the provisions of this Law, and/or its improper application, a bank shall be fined from RSD 60,000 to RSD 1,000,000 in the procedure referred to in Article 62 of this Law. For acting contrary to the provisions of this Law, and/or its improper application, a lessor and/or a payment institution and electronic money institution shall be fined from RSD 50,000 to RSD 800,000, in the procedure referred to in Article 62 of this Law. For acting contrary to the provisions of contracts or general terms of business, a bank shall be fined from RSD 30,000 to RSD 1,000,000, in the procedure referred to in Article 62 of this Law. For acting contrary to the provisions of contracts or general terms of business, a lessor, and/or payment institution and electronic money institution shall be fined from RSD 20,000 to RSD 500,000 in the procedure referred to in Article 62 of this Law. Misdemeanour penalties Article 73 A merchant which is a legal entity shall be fined from RSD 50,000 to RSD 800,000:
56 - Until the start of application of Article 12, paragraph 3 of this Law, the fixed interest rate applied in housing credit agreements may not be higher than the weighted average interest rate for new housing credit agreements with the fixed interest rate in the same currency (indexation), increased by 1/5 of that rate. Until 31 December 2025, the variable interest rate applied in housing credit agreements and/or the fixed interest rate applied in housing credit agreements may not be higher than 5%. The bank shall submit and/or make available to all consumers of the variable-rate credits referred to in paragraph 4 hereof a notification on the application of that rate and a new repayment schedule, before the credit instalment calculated at the interest rate referred to in that paragraph falls due. Credit card agreements concluded until the start of application of this Article shall be subject to the nominal interest rate which shall not exceed the statutory default interest rate referred to in Article 11 of this Law applicable on that date and increased by six percentage points. Overdraft facility agreements concluded until the start of application of this Article shall be subject to the nominal interest rate which shall not exceed the statutory default interest rate referred to in Article 11 of this Law applicable on that date and increased by eight percentage points. The bank shall submit and/or make available to the consumers referred to in paragraphs 6 and 7 hereof a notification on the application of the interest rate referred to in those paragraphs, before interest at that rate falls due. Article 77 The National Bank of Serbia shall for the first time publish the default interest rates referred to in Article 11 of this Law on the day of entry into force of this Law. The National Bank of Serbia shall for the first time determine and publish the weighted average interest rate referred to in Article 12, paragraph 1 of this Law on the day of entry into force of this Law, based on the latest available data. Article 78 The default interest rate referred to in Article 11 of this Law or the nominal interest rate under the agreement, if higher than the default interest rate, shall apply to the consumer’s obligations referred to in Article 2, item 13), subitem (1) of this Law which became past due before the entry into force of this Law, as of that date. Article 79 A consumer who discharged his obligations under a financial service agreement before the entry into force of this Law and has not previously retaken possession of the bill of exchange unused as collateral under that agreement, and/or the bill of exchange issuer, may retake possession of the unused bill of exchange until 31 December 2025. After the expiry of the deadline referred to in paragraph 1 hereof, the service provider shall destroy the bill of exchange referred to in that paragraph and make records thereof, which it shall submit at the request of the consumer or the bill of exchange issuer. If it cannot enable the bill of exchange issuer referred to in paragraph 1 hereof to retake possession of the bill of exchange within the deadline referred to in that paragraph (lost or destroyed
57 - bill of exchange), the service provider shall deliver a confirmation that the bill of exchange has been lost and/or destroyed to the consumer or the bill of exchange issuer who requested to retake possession of the bill of exchange. In the case referred to in paragraph 3 hereof, the service provider shall pay to the bill of exchange issuer the amount corresponding to the amount of costs borne by the consumer in relation to the blank bill of exchange, with statutory default interest rate from the date of discharge of obligations under a financial service agreement in relation to which the bill of exchange was issued until the date of payment of such costs to the issuer. If the bill of exchange referred to in paragraph 1 hereof is collected and/or misused, the bank shall compensate the actual damages to the bill of exchange issuer, with statutory default interest from the date of collection of the bill of exchange until the date of payment of the compensation. If it has discharged its obligations under a financial service agreement before the entry into force of this Law and the collateral under that agreement was a mortgage registered in favour of the creditor or a movable asset pledged by entering the right of pledge in an appropriate register, the creditor shall, by no later than 1 July 2025, take appropriate steps to delete the mortgage and/or the right of pledge from the register, if the mortgage and/or right of pledge have not already been deleted, and to immediately notify the consumer thereof, as well as of their deletion, unless where it has been prescribed that the register shall notify them of such deletion of mortgage and/or right of pledge. A creditor may not charge any fees for taking the actions referred to in paragraph 6 hereof, regardless of whether there are actual costs. Article 80 As of the start of application of this Law, 1 July 2025, the Law on the Protection of Financial Service Consumers (RS Official Gazette, Nos 36/2011 and 139/2014) shall cease to apply. The procedures for protecting consumers’ rights and interests initiated in accordance with the Law on the Protection of Financial Service Consumers (RS Official Gazette, Nos 36/2011 and 139/2014) and the regulations adopted pursuant to that law, shall be finalised in accordance with that law and regulations. Article 79 This Law shall enter into force on 14 March 2025 and shall apply as of 1 July 2025, except for the provisions of Articles 11, 12, 45, 49, 76, 78 and 79 of this Law which shall apply as of the day of entry into force of this Law.