Electronic marketing is only mentioned in the DP Law in the context of the data subjects' right of complaint. The rules on this subject are envisaged by the Law on Electronic Trade ('Official Gazette of the Republic of Serbia', nos. 41/2009, 95/2013 and 52/2019), EC Law (as defined above in the section on Breach Notification), the Law on Advertising ('Official Gazette of the Republic of Serbia', nos. 6/2016 and 52/2019) and the Consumer Protection Law (Official Gazette of the Republic of Serbia, no. 88/2021) (together, the "Relevant Legislation").

In brief, based on the Relevant Legislation, electronic marketing is only allowed if it is covered by an explicit, prior consent of the person to whom the respective marketing is directed. Additionally, recipients should always be:

• Clearly informed of the identity of the sender and commercial character of the communication (this information should be provided in the Serbian language prior to commencing the marketing).
• Provided with a way to opt out of future marketing messages, at any time and free of charge.

For the sake of completeness, it should be noted that, under the most recent changes from July 2019 of the aforementioned Law on Electronic Trade, the same principle that previous consent is necessary for electronic marketing, i.e. for electronic commercial communication, remained, but it is also envisaged now that certain types of electronic communication shall not be regarded as commercial communication and, consequently, should not be subject to previous consent. Such exempt communications include (1) providing information which enables direct access to business activities of a particular entity such as information on its e-address or e-mail and (2) providing information on a particular entity's goods, services or business reputation if such information is obtained by research or in some other similar way and if it is provided free of charge.

Finally, it is also envisaged by the new Serbian Consumer Protection Law, as referred to above, which became applicable (with the exception of some of its provisions) on 20 December 2021, that it is forbidden to make phone calls and/or send messages by phone to any individuals/consumers whose phone numbers are inscribed in the register of consumers who do not want to receive calls and/or messages as a part of a promotion and/or sales by phone. This register shall be public in its part relating to the phone numbers and date of the inscription in the register. It should also be noted that, regardless of the inscription in this register, consent of a consumer for direct marketing provided to a particular entity/trader before or after the inscription in the register, remains valid until its withdrawal made in line with the DP Law.