Law / Serbia

Law on Personal Data Protection, automated decisions

Law on Personal Data Protection, art. 38 (automated individual decisions), Official Gazette RS No. 87/2018

In force since .

A data subject rights rule binding public and private bodies.

Obligation class
Data subject rights

As of .

What it requires

  • Do not base a decision producing legal effects or significantly affecting a person solely on automated processing, including profiling, unless it is necessary for a contract with them, authorized by law with adequate safeguards, or based on their explicit consent, and even then give them the right to obtain human intervention, express their view, and contest the decision.

What this law does

Drafted with AI

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Research summary

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Article 38 gives a person the right not to have a decision applied to them that is made solely on automated processing, including profiling, if that decision produces legal effects or significantly affects their position. That right does not apply where the decision is necessary for concluding or performing a contract with the person, is based on a law that prescribes adequate safeguards for the person's rights, freedoms and legitimate interests, or rests on the person's explicit consent.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions.

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