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Catalog of regulations 2016

The consolidated text of the Electronic Commerce Act includes the following regulations:
1. Law on Electronic Commerce ("Official Gazette of the Republic of Montenegro", No. 080/04 of 29 December 2004),
2. Law on Amendments to the Law on Electronic Commerce ("Official Gazette of Montenegro", No. 041/10 of
23.07.2010),
3. Law on Amendments to the Law Prescribing Fines for Misdemeanors ("Official Gazette of Montenegro
Up ", No. 040/11 of 08.08.2011),
4. Law on Amendments to the Law on Electronic Commerce ("Official Gazette of Montenegro", No. 056/13 of
06.12.2013), in which their day of entry into force is indicated.

THE LAW
ABOUT E-COMMERCE
"Official Gazette of the Republic of Montenegro", No. 080/04 of 29 December 2004, "Official Gazette of Montenegro", no.
041/10 from 23.07.2010, 040/11 from 08.08.2011, 056/13 from 06.12.2013)
AND GENERAL PROVISIONS
Content of the law
Article 1
This law regulates the provision of services at a distance, for a fee, through electronic processing equipment and
data storage at the personal request of the user (hereinafter: information society services), responsibility
information society service providers and rules regarding the conclusion of contracts in electronic form.

Areas to which the law does not apply
Article 2
The provisions of this law do not apply to: data protection, taxation, notary activity, representation
parties and the protection of their interests before the courts, as well as gambling with monetary stakes, including
lottery games, casino games, betting games and slot games on slot machines, unless otherwise provided by special law
certain.

Meaning of individual expressions
Article 3
Certain terms used in this law have the following meaning:
- data - information, message and document created, sent, received, recorded, stored or displayed
by electronic, optical or similar means, including Internet transmission, electronic mail and faxes;
- information society service - a service provided at a distance for a fee via electronic equipment for
data processing and storage, at the personal request of the user, and in particular internet sales of goods and services, offering
data on the Internet, Internet advertising, electronic search engines, as well as enabling
searching for data and services transmitted by electronic network, providing access to the network or
user data storage;
- service provider - a legal or natural person that provides information society services;
- service user - any natural or legal person who uses the services for professional or other purposes
information society;
- contract in electronic form - a contract that legal and natural persons conclude, send, receive, terminate, cancel,
access and display electronically using electronic, optical or similar means,
including internet transmission;
- commercial message - a message in any form, designed to promote, directly or indirectly, goods,
services or reputation of a legal or natural person performing a registered activity, except for data:
- which provide direct access to the activities of a legal or natural person, including addresses, domains or
email addresses;
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- relating to goods, services or the reputation of persons, collected independently, especially if done without consideration
financial results;
- consumer - any natural person who concludes a legal transaction on the market for purposes not intended for him
occupation, business activity or entrepreneurial activity.

Application of regulations
Article 4
The information society service provider based in Montenegro is obliged to act and provide services in accordance with
by law.

Service providers based in a member state of the European Union
Article 5
An information society service provider established in a Member State of the European Union is obliged to provide services in
Provides Montenegro in accordance with the regulations governing the following areas:
1) copyright and related rights and industrial property rights;
2) electronic money issues;
3) joint investments in transferable securities and their advertising;
4) activity of insurance companies;
5) formal agreements on acquisition or transfer of rights to real estate;
6) consumer contracts;
7) the freedom of the contracting parties to choose the rights to be applied to the contract;
8) permission of unsolicited commercial messages by e-mail.

Freedom to provide services
Article 6
The provision of information society services is free.
The provision of information society services does not require a special permit, approval or concession.
Activity of information society service provider registered on the territory of Montenegro upon enrollment in
the corresponding register is marked with the name: information society services.

Freedom to provide services to a service provider established in a Member State of the European Union
Article 6a
The state administration body responsible for the information society (hereinafter: the competent body) may undertake one
or more measures restricting the freedom to provide information society services to a state-based service provider
member of the European Union, whose service poses a serious danger to:
1) legal order, and especially for conducting investigative actions, detecting and prosecuting perpetrators of criminal offenses,
the protection of minors and the fight against incitement to hatred or intolerance based on race, sex, religion or
nationalities and violations of personal dignity;
2) protection of public health, ie life and health of people;
3) protection of security and defense of Montenegro;
4) consumer protection, which includes investors.
The competent authority shall notify the competent authority of its intention to take the measures referred to in paragraph 1 of this Article.
Member States of the European Union and the European Commission.
If the competent authority of the Member State of the European Union does not take appropriate measures within 30 days from the day
by submitting the notification referred to in paragraph 2 of this Article, the competent authority may take measures to restrict the freedom to provide
information society services, with informing the competent authority of the member state of the European Union and the European Union
commission.
Exceptionally from para. 2 and 3 of this Article, the competent authority may take the measures referred to in paragraph 1 of this Article, without prior notice

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notifications on the undertaking of measures by the competent authority of a Member State of the European Union, if there is a serious danger
from the occurrence of damage due to the delay in taking measures.
In the case referred to in paragraph 4 of this Article, the competent authority shall, without delay, and no later than 15 days from
on the day of taking the measures, inform the competent authority of the Member State of the European Union in which the service provider has
headquarters and the European Commission, with an explanation of the reasons for urgent action.
The competent authority is obliged to terminate the measure restricting the provision of information society services, after
termination of the reasons for which the measure was taken, decides without delay, at the request of the applicant, or
European Commission.

Measures restricting the freedom to provide services
Article 6b
The restrictive measures referred to in Article 6a paragraph 1 of this Law are:
1) publishing a notice on possible illegal actions of the information society service provider and on
the procedure for their suspension;
2) an order to the service provider to take measures to eliminate the identified irregularities;
3) prohibition to perform certain actions;
4) blocking the operation of computers, ie databases and peripheral devices;
5) temporary ban on performing activities;
6) filing a criminal or other appropriate report;
7) order to the legal entity that performs public services (provision of electronic communications services, etc.) to the provider
service, which was imposed a measure prohibiting the performance of activities, suspends the delivery or provision of services
necessary to perform the activity.
The measures referred to in paragraph 1 of this Article shall be taken ex officio or at the request of a legal or natural person
whose rights have been endangered, ie violated, appropriate to the danger due to the elimination of which the measure is being taken.

II OBLIGATION TO INFORM AND COMMERCIAL MESSAGE
Required information
Article 7
The information society service provider is obliged to do so free of charge, in a form and in a manner that is direct and permanent
electronically available to users and competent state administration bodies, make the following data available:
1) name and surname for a natural person, ie name of the service provider;
2) residence for a natural person, ie seat for a legal entity or business unit in Montenegro (place, street and
number);
3) other data on the service provider on the basis of which the user can quickly and smoothly realize with him
communication, including email address;
4) the number under which it is entered in the appropriate register, or other identification mark in the register, if any
entered in the register;
5) data (name and seat) on the competent authority, if the activity of the service provider is subject to official supervision;
6) with regard to especially regulated activities, ie professions:
- a professional or similar institution with which the service provider is registered;
- professional title and the country that approved it;
- instructions on professional rules in the country in which the activity is performed and the place of their availability;
7) tax number if the service provider is liable to pay value added tax.
If the information society service provider states prices, they must be clearly and unambiguously stated, a
in particular, it must indicate whether the stated prices include delivery costs, other handling costs, taxes and
other costs that affect them.

Commercial message

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Article 8
The information society service provider is obliged to ensure that any data from the commercial message, which is
part or all of the information society services, meets the requirements:
1) that the commercial message can be clearly identified as such at the moment when the user receives it;
2) that the person on whose behalf the commercial message was made can be clearly identified;
3) that any promotional invitation to place an offer from a commercial message (including discounts and gifts) must
as such be clearly identified;
4) that the invitation for promotional competition and games contains clearly and unambiguously presented conditions, ie rules.

Unsolicited commercial message
Article 9
Use e-mail or other equivalent means to send an unsolicited commercial message
(unsolicited electronic messages) is allowed only with the prior consent of the person to whom this type of message is
intended, in accordance with the law governing electronic communications.
Unsolicited commercial messages must be clear and recognizable immediately upon receipt.
A service provider that sends unsolicited commercial messages by e-mail is required to establish records
users of their services who have stated that they do not wish to receive unsolicited commercial messages.
The provider of unsolicited commercial messages may not electronically to the users referred to in paragraph 3 of this Article
send those messages.

III DOCUMENTS IN ELECTRONIC FORM
Form and validity of the contract
Article 10
The contract can be concluded electronically, ie in electronic form.
The offer and acceptance of the offer can be given electronically, ie in electronic form.
When an electronic message or electronic form is used when concluding a contract, such a contract
validity cannot be disputed simply because it is in electronic form.

Contracts to which the law does not apply
Article 11
The provision of Article 10, paragraph 3 of this Law shall not apply to:
1) property, premarital, ie marriage contracts and other contracts regulated by the law it regulates
family relationships;
2) contracts on the disposal of property for which the approval of the center for social work is required;
3) contracts on the transfer and distribution of property for life, contracts on lifelong support and agreements
relating to inheritance, contracts of renunciation of inheritance, contracts of transfer of inheritance before
divisions, bequests and other contracts governed by the law governing inheritance;
4) gift agreements;
5) agreements on the transfer of ownership rights to real estate or other legal transactions governing real property
real estate rights, except real estate lease agreements;
6) contracts for which a special law prescribes that they be made in the form of a notarial deed, ie a document;
7) guarantee agreements, if the guarantor is a person acting outside his trade, business or professional
activities.

Subsidiary application of regulations
Article 12

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Unless otherwise provided by this Law, to legal relations arising from or in connection with contracts concluded
the general regulations governing contractual relations shall apply electronically or in electronic form.

Electronic signature
Article 13
When the signature of a person is required as a presumption of validity and the occurrence of the contract, this condition is considered
satisfies an electronic message signed with an advanced electronic signature, in accordance with the law.

Mandatory data and notifications before concluding the contract
Article 14
The information society service provider is obliged to the potential service user, before concluding the contract on
providing information society services, provided free of charge in a clear, understandable, unambiguous and lasting manner
data and notifications on:
1) the procedures that follow when concluding the contract;
2) contractual provisions;
3) general business conditions, if they are an integral part of the contract;
4) languages ​offered for concluding the contract;
5) codes of conduct in accordance with which service providers act and how these codes can be reviewed
electronically;
6) keeping the concluded contract and whether that contract will be available.
The information society service provider is obliged to the potential service user, before concluding the contract,
provide technical means for recognizing and correcting incorrect data entry in the message before it
handing over or sending.
Contracting parties who are not consumers in mutual contractual relations may agree on a derogation from
provision of para. 1 and 2 of this article.
The provisions of para. 1, 2 and 3 of this Article shall not apply to contracts concluded by e-mail or to it
appropriate form of personal communication.

Contract availability
Article 15
The information society service provider is obliged to ensure that the contractual provisions and the provisions of the general conditions
businesses that are an integral part of contracts concluded in electronic form will be available to service users at
a way that allows them to be stored, reused and reproduced.

Acknowledgment of receipt
Article 16
The information society service provider is obliged, without delay, electronically - a special electronic one
message, confirm the receipt of an electronic message containing the offer or acceptance of the offer for the conclusion of the contract.
Contracting parties who are not consumers in mutual contractual relations may agree on a derogation from
provisions of paragraph 1 of this Article.
The provisions of para. 1 and 2 of this Article shall not apply to contracts concluded by e-mail or to it
appropriate form of personal communication.

The moment of concluding the contract
Article 17
The contract in electronic form is considered concluded at the moment when the bidder receives an electronic message which
contains a statement by the bidder to accept the bid.
The offer and acceptance of the offer, as well as other declarations of will made electronically, are considered received when they
the person to whom they are addressed may access it.
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In the case of consumer contracts, it is not allowed to exclude the application of the provision of paragraph 2 of this Article.

IV RESPONSIBILITY OF SERVICE PROVIDERS - INTERMEDIARIES
Exclusion of liability
Article 18
An information society service provider, which only provides the service user with an electronic message transmission service
through the communication network or provides access to the communication network, is not responsible for the content of the sent message
and its referral, if not:
1) initiated the transfer;
2) selected the data or documents to be transmitted;
3) exclude or change the data in the content of the message or documents;
4) selected transmission user.
The transmission of messages and the provision of access to the messages referred to in paragraph 1 of this Article must be performed in a manner that
enables automatic, intermediate and temporary storage of transmitted messages and data contained in them, and
they must be temporarily stored only for the period of time necessary to transmit the messages.

Temporary data storage (caching)
Article 19
An information society service provider that transmits data entered by users through an intermediary
communication network is not responsible for automatic, intermediate and temporary storage, which serves only for
more efficient formation of data transmission requested by other users, if:
1) does not change the data;
2) respects the conditions for access to data;
3) act in accordance with the rules for updating data;
4) does not affect the choice of data collection technology, which is widely accepted and applied in the field
data collection technologies;
5) remove or disable access to data stored immediately after learning that data has been removed from
transmission through the network or access to them is disabled or is a court or other competent authority
ordered their removal or disabling access.

Permanent data storage (hosting)
Article 20
Information society service provider that stores data provided by the user, at the request of the user,
is not responsible for the content of the stored data, if:
1) has no knowledge or could have known about the unauthorized actions of the user or the content of the data and procedures for
compensation for damage from the unauthorized actions of users or the content of stored data;
2) immediately, after learning that it is an unauthorized act or data, remove or disable access to that
data.
The provision of paragraph 1 of this Article shall not apply in cases when the user of the service is a person dependent on any
way from the service provider (companies that have shares in each other, companies in which they have shares
have the same natural persons, etc.).

Links
Article 21
An information society service provider that provides access to third parties through electronic referrals
data is not responsible for this information if:
1) has no knowledge or could have known about the unauthorized actions of the user or the content of the data in the team
information;

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2) immediately, after learning that it is an unauthorized act or data, remove or disable access
data.

Mandatory notices
Article 22
When providing an information society service, the service provider that stores the data is not obliged to review it
data that it has stored, transmitted or made available, ie examine the circumstances that would indicate
illicit user action.
The information society service provider that stores the data must, without delay, inform without delay
competent state body if it determines:
- the existence of reasonable suspicion that by using his service the user undertakes illegal activities;
- the existence of a well-founded suspicion that the user of his service provided inadmissible information.
The information society service provider that stores the data is obliged, on the basis of the appropriate court,
that is, an administrative act, to present all data on the basis of which the detection or prosecution of perpetrators can be undertaken
criminal offenses, ie protection of the rights of third parties.

IVa COOPERATION AND DISPUTE RESOLUTION
Notification
Article 22a
The competent authority shall cooperate with the competent authority of the Member State of the European Union and the European Union
Commission in the field of information society services, for the purpose of electronic exchange:
1) general information on contractual rights and obligations, appeal procedures and other legal remedies;
2) the necessary information relating to the bodies, associations and organizations responsible for providing additional
information;
3) data at the request of a Member State of the European Union or the European Commission and the provision of assistance.
The competent authority shall provide the contact details to the Member State of the European Union and to the European Commission (name and
surname of the person, e-mail address and address through which the contact is made).
The competent authority received the final decision of the competent state authorities and arbitration, ie mediation
publishes on its website, in accordance with the law governing the right of access to information.
Data on significant decisions referred to in paragraph 3 of this Article and information on common practices related to electronic
information and information society services, the competent authority shall, if necessary, submit to the European Commission.
The competent authority shall draw up a report on contracts which cannot be concluded in electronic form, with
explaining the reasons, which he submits to the Government of Montenegro and the European Commission.
The report referred to in paragraph 5 of this Article shall be prepared and submitted at least once every three years.

Code of Conduct
Article 22b
The competent authority initiates the development and adoption of a code of conduct for trade, professional and consumer associations,
especially in relation to the protection of the rights of minors, persons with disabilities and the protection and respect for the dignity of the person.
The competent authority shall monitor the implementation of the codes referred to in paragraph 1 of this Article and their impact on the practice of electronic
publishes business and adopted codes on its website.

Judicial protection
Article 22c
The competent courts are obliged to resolve disputes in lawsuits for the protection of rights in the field of information society
urgent procedure.
The competent court may, at the request of the party to the dispute, decide that the final decision be published in an appropriate manner
at the expense of the party requesting publication.

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The competent court is obliged to make final decisions related to disputes related to electronic commerce
submits to the competent authority.

Out-of-court dispute resolution
Article 22d
The provider and the user of information society services may regulate the resolution of mutual disputes by contracting
arbitration procedure, ie mediation, in accordance with the law.
The competent arbitral tribunal or mediator may, at the request of a party to the proceedings, decide to have the decision published on
appropriate manner at the expense of the party requesting publication.
The arbitration, ie the mediator is obliged to submit the decisions to the competent body, in accordance with the law in which it is
regulated arbitration procedure, ie mediation, as well as to inform that body about the usual practice regarding
electronic commerce.

IN SUPERVISION
Law enforcement oversight
Article 23
Supervision over the implementation of this law is performed by the administrative body in charge of inspection affairs, through the inspector for
information society services (hereinafter: inspector) in accordance with the law.
For the purpose of performing supervision, information society service providers are obliged to the authorized persons of the competent authority
provide access to computer equipment and devices, as well as without delay show or provide the necessary information and
documentation related to the subject of supervision.

VI OFFENSES IN LAW ENFORCEMENT
Offenses
Article 24
A fine of 500 euros to 17,000 euros will be imposed on a legal entity - service provider
information society, if:
1) fails to make available to users and competent state administration bodies, free of charge, the prescribed information in
in a form and manner that is directly and permanently available electronically (Article 7);
2) sends an unsolicited commercial message without the prior consent of the person to whom such a message is intended
(Article 9, paragraph 1);
3) does not establish records of users of its services who have stated that they do not want to receive unwanted commercial services
messages (Article 9, paragraph 3);
4) users of their services who have stated that they do not want to receive unsolicited commercial messages, electronically
by sending an unsolicited commercial message (Article 9, paragraph 4);
5) to the potential user of services, before concluding the contract on the provision of information society services, no
provide, free of charge, in a clear, comprehensible and unambiguous manner, the prescribed data and information (Article 14
paragraph 1);
6) does not provide access to the provisions of the contract and general business conditions in a way that allows the user
may store, reuse and reproduce (Article 15);
7) upon learning and without delay, fails to notify the competent state body of unauthorized activities or data
the user of his service or does not present all the data in accordance with the appropriate court or administrative
an act on the basis of which the detection or prosecution of perpetrators of criminal acts or protection can be undertaken
rights of third parties (Article 22, paragraphs 2 and 3);
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the legal entity shall also be fined from 100 euros to
1,500 euros.
For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined from 300 euros to 4,000 euros.
If the violation referred to in paragraph 1 of this Article is committed by a natural person - information society service provider, he shall be punished
a fine of 50 euros to 1,100 euros.
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For the misdemeanor referred to in paragraph 1 of this Article in the case of particularly serious injuries or recurrence of injuries may be imposed
ban on performing activities for a period of three to six months

VII TRANSITIONAL AND FINAL PROVISION
Article 25
The provisions of Art. 5, 6a, 6b and 22a shall apply from the date of accession of Montenegro to the European Union.

Article 26
This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of the Republic of Montenegro".

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