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Scope of the Law
Article 1This Law shall regulate the right to protection of natural persons with regard to the processing of personal data and on the free movement of such data, on the principles of processing, on the rights of persons to which data pertains, obligations of personal data controllers and of the personal data processors, code of conduct, transfer of personal data to other states and international organisations, supervision over implementation of this Law, legal remedies, liability and sanctions in cases of infringements of the rights of natural persons relating to processing of personal data, as well as special cases of processing.
This Law shall additionally regulate the right to protection of natural persons with regard to the processing of personal data performed by competent authorities for the purposes of prevention, investigation and detection of criminal offences, prosecution of perpetrators of criminal offences or the execution of criminal penalties, including prevention of and safeguarding against threats to public and national security, as well as free flow of such data.
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Objective of the Law
Article 2This Law shall ensure protection of fundamental rights and freedoms of natural persons, and in particular of their right to protection of personal data.
Provisions of separate laws regulating processing of personal data must be in conformity with this Law.
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Application
Article 3This Law shall apply to processing of personal data which is performed, in its entirety or in a part thereof, by automated means, as well as to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
This Law shall not apply to the processing of personal data performed by a natural person for their own needs and/or for the needs of their household.
This Law shall apply to the processing of personal data performed by a controller and/or processor with the seat and/or domicile or habitual residence in the territory of the Republic of Serbia, in the course of activities performed in the territory of the Republic of Serbia, irrespective of whether the processing activity is performed in the territory of the Republic of Serbia or not.
This Law shall apply to the processing of personal data of data subjects who have their domiciles and/or habitual residence in the territory of the Republic of Serbia by a controller and/or processor which do not have their seat and/or domicile or habitual residence in the territory of the Republic of Serbia, where the processing activities are related to:
1) the offering of goods and/or services, irrespective of whether or not a payment of the data subject is required for such goods and/or service, to such data subjects in the territory of the Republic of Serbia;
2) the monitoring of activities of data subjects, as far as their activities take place within the Republic of Serbia.
