Questions tagged [european-union]

For questions related to legal systems of European countries and to legal harmonization in Europe, especially in the context of European Union law.

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25 views

Family re-unification visa processing time

Is there anything in immigration law in Germany which enforces that a family re-unification visa process should be finished maximum in a defined interval? I am from Afghanistan and having EU Blue-Card....
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117 views

Does the recent EU court ruling allowing decompilation of lawfully purchased software for bugfixes permit removing game DRM if it slows down the game?

The EU court recently ruled that the EU copyright directive: Article 5(1) of Directive 91/250 must be interpreted as meaning that the lawful purchaser of a computer program is entitled to decompile ...
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68 views

How terms of service can avoid copyright infringement by users?

I saw this on the dribbble.com/terms: Your Responsibilities: ... By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the ...
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78 views

Copyright infringement on contents posted by website users

Someone has a website like YouTube, so registered users can post any videos. A user posted a video that is a copyright infringement. Can the copyright owner sue the website owner for this? I have read ...
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1answer
60 views

Copyright infringement on my own designs

Can someone steal my website design and then after creating her/his own website sue me for copyright infringement? I have such a assumptions because of this: While it is easier to take action against ...
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1answer
42 views

What are the refund rules for a global digital service where the user will be charged later?

Suppose that someone makes a global online service where people can create bounties of certain amounts of money for a specific task, which can then later be claimed by a "bountyhunter". The ...
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1answer
48 views

Privacy and ownership of my medical records

Can I request my medical records (such as having had a flu, surgery, etc) to be taken out, to keep them myself instead of trusting an institution to respect my privacy according to any EU laws? I have ...
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1answer
60 views

Can you opt out of use of your personal information by your country's registry?

I was changing my address a week ago and I noticed that it said in tiny letters that the information I provide may be used for direct advertising, marketting, scientific research, data collection and &...
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17 views

Is it allowed to work outside of EU for a long-term on Blue card

can someone (non-EU citizen) work from outside EU/Germany (on blue card)? If so, what are the rules and regulations. How long can the duration be. Any links for the law/policy would be helpful.
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1answer
65 views

Count visitor per day with GDPR & Cookies in EU

My question is: how is it possible calculate visitors per day without gathering some information about the users in order to be able to identify them as revisits? We have a cookie consent banner in ...
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1answer
117 views

What prevents member states of the EU, really, to simply not comply with EU law and simply not do their contributions into the budget?

This question was inspired by the following part of cpast’s answer relating to the supremacy clause of the U.S. Constitution: “Occasionally, that’s not enough. If a state disobeys the orders of a ...
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1answer
37 views

GDPR Compliance - Password Protected Documents in AutoRecovery

I'm working with personnel data in my job, including lots of details which I know to be sensitive and most certainly covered by GDPR. In order to maintain compliance with the regulations while ...
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1answer
42 views

Legalities behind software freelancing for someone in England which sells properties in EU

I have a friend who is a British Citizen who's also born in England. The same is true for me. He wants me to develop an application for him where he'll be selling/renting property to people (as part ...
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1answer
94 views

Can I send pictures with copyright to my friends with no commercial purposes without breaking the law?

I have a question about copyright. Let's imagine a situation in which I am messaging with my friends. I need to send to my first friend a picture of someone of celebrity. I need to send to my second ...
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2answers
79 views

The Right to be Forgotten: can it be used to hide past public (news) information?

In the EU there is a "Right to be forgotten" This was created by Directive 95/46/EC in 2012 as a right to insist that search engines not link to personal data, and subsumed into tech "...
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1answer
855 views

Is an email enumeration vulnerability a breach of GDPR?

I'm a software engineer and I'm often asked to implement version of a user signup flow or login that can be summarised as follows: User inputs their email If the email belongs to an existing user, ...
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42 views

Selling from UK to EU as a private seller on an online marketplace with no IOSS number - what to do?

I would like to ask a question that relates to this existing question: Do new VAT rules apply to gifts from non-EU countries? Suppose I am a private, non-business seller on an online marketplace ...
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1answer
109 views

Can you track those who denied tracking on a website?

I'm coordinating a website project where we are implementing Analytics and a GDPR compliant Cookie Banner. I was asked if we had a way to track how many users have declined analytics in case we needed ...
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1answer
123 views

French postal service's monopoly on industrial contract communications - legal basis?

The government in France has a monopoly encouraged by law, whereby contracts can be opened digitally, but have to be cancelled through a signed paper letter paid to the government postal service. ...
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3answers
107 views

simply drawn character protected by copyright?

Let's say someone draws a simply character design for a meme (2min drawing) and then just posts a meme with said character on fb/reddit/etc. Is this character (or the part of the image where this ...
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1answer
116 views

Coronavirus entry requirement change: flight refund (EU)

The short story is that I (EU citizen) booked a flight, the government imposed an entry a policy change for me post-booking, and the flight company (Lufthansa) refuses to refund me (although re-...
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2answers
2k views

Are there ways of storing personal data beyond standard GDPR limitations?

So GDPR harmonizes legal stance of personal data in the EU — mainly by limiting storage time of certain data, and by providing citizens with a procedure to request deletion of their personal data. ...
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3answers
543 views

"Discrimination" due to COVID-19 Certificate requirements

Many European countries issue COVID-19 Certificates (with varying names), that indicate whether a person is vaccinated, has recovered or has been tested. Access to some locations (restaurants, cinemas,...
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1answer
81 views

What name should I use?

Apologies if this question is not fit for this website. I thought it was the best one to put it. I come from a country (Brazil) where the naming custom is: Given name + Mother's maiden name + Father's ...
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3answers
96 views

Can you request a potential additional payment at own discretion?

Let's say you sell a service/activity to a customer for €150. Can you state something like this in your contact? An initial €150 payment must be payed upfront. An additional charge of €850 may apply ...
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1answer
69 views

How does one remain Tax resident in Germany if one works abroad for a year or more?

How do I maintain my Tax residency in Germany while working outside of the country of Germany for more than 183 days per year? These days may or may not be consecutive depending on the work contract, ...
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1answer
83 views

Can you refuse to pay back deposit at your own discretion?

Let's say a business provides some service/activity to a customer and charges them a $100 deposit on top of the service costs. This deposit is to cover damages or other actions that negatively affect ...
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2answers
101 views

Is it required to have someone on premises?

Let's say I have a premises that one can enter to do fun activities, costing €5 to enter. I was thinking that you could use a turnstile and an automated payment system to allow guests to enter the ...
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2answers
84 views

Is it legal to process PII in EU of customers which are not in EU?

So I have an app that processes the PII of users and their interests, the app is south Asia based. The app doesn't support EU customers and is geo-blocked by default. I would like to process and store ...
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5answers
4k views

Is there a time after which I can leave when I can't get in the office?

Today my boss was 20 minutes late to work and he has the only key to the office. I can only go in and out after the door has been unlocked so I had to wait outside the office. While I was waiting for ...
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1answer
75 views

What rights does one have to license their autobiography?

If any such right is based on a copy right theory, obviously, that would require first the writing of an autobiography. Is there a right that you may reserve relating to your story?
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1answer
82 views

How long can a company take to answer my GDPR request to download my data?

In March this year I started the process to download my personal data on a website. I received a mail a month later informing me that my request will be delayed and can take up to 90 days to be ...
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45 views

EU trademark registered in bad faith

Company A has been using an unregistered trademark for 15+ years in the EU. Newly established company B registers the trademark in EU, and sends a cease and desist to company A. My understanding is ...
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1answer
145 views

Can European Union countries make vaccination against COVID-19 compulsory?

Malta bans unvaccinated travellers France makes COVID-19 vaccine mandatory for health workers Macron considers "vaccination compulsory for the entire population" These are two countries ...
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19 views

General Data Protection Regulation- Responsibility & consequences

Currently I am working for a company/foundation that technically doesn't exist yet, but I have to get a few thing in order and I was wondering about the legal ramifications of a few aspects. To ...
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1answer
81 views

Is hydroquinone illegal in the EU?

I read somewhere that the skin lightening agent hydroquinone was banned by the EU at the start of the millenia however my doctor in Ireland told me that one can get a prescription for it at 4% ...
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1answer
92 views

Is the Vilnius-Lublin portal a violation of GDPR?

Don’t get me wrong, I love it! But is it GDPR compliant given that people walk up to a camera that will broadcast their image outside of their country? See also this news story and this one
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1answer
96 views

To whom does copyright of an item belong, if a computer program is used to create it, according to the Deutsches Urheberrecht?

Section 69b of the German Copyright Law "Deutsches Urheberrecht" states that: Where a computer program is created by an employee in the execution of his duties or following the instructions ...
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1answer
70 views

You use 1000 3D models in an animated movie, accidentally only one was not yours, then what?

So you record an animated movie in some software and spend hours and years working on it, but shoes on one of the characters were not your copyright and IP. What can the original owner now do? Can he ...
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1answer
75 views

Is it legal to exclude customers from your surveys knowing that they might be displeased with your service?

Imagine the following scenario: the company is a service provider. Its service quality is going down lately. They send survey links to their customers a couple of days after the service is completed. ...
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1answer
78 views

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office?

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office? Is there any official channel through which the U.S. government can challenge, reverse or ...
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1answer
66 views

Could Hungary be ousted from the EU by member states leaving by Article 50?

Could the rest of the EU simply create a new entity and leave to resolve the autocratic problem Hungary creates and letting it be the “EU” with Poland? Could they pre-sign agreements so they come into ...
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2answers
112 views

Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?

The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) ...
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115 views

Is it allowed for a French company to only accept French passports for registration for a service

La Poste has an online identification system called "l'identité numérique" for which registration requires a French passport or "Titre de séjour français" see this. As a non-French ...
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3answers
192 views

Is there a complexity requirement for a handwritten signature?

Handwritten signatures are still used to authenticate a document, even though the more serious operations are done in front of a notary (at least in France). This shows that a trusted third party is ...
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1answer
356 views

Do new VAT rules apply to gifts from non-EU countries?

I'm a Russian citizen and I'm going to send a gift to my friend from EU (Poland). I heard that after 1st July countries of EU get new rules of VAT, and they also mean, that now you must pay VAT, even ...
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1answer
146 views

Impact of GDPR on remote work outside of the EU (as LLC)?

I do remote work for clients in the EU. The legal foundation is a B2B contract between two EU legal entities, one of which is the client's limited company, the other my limited company. Since both ...
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1answer
98 views

Identifying attackers and GDPR. In which cases is it legal?

Various techniques can be used to identify stalkers, malicious hackers et al. that are either gathering data for their target or use the target's digital items without consent. Canary files They are '...
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1answer
102 views

Is it illegal to claim a patent when you don't have one in the EU?

This company is claiming they are using "patented technology" https://marx-shoes.com/pages/technologie sourced from a company call "powerinsole". The only patent associated with ...
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1answer
67 views

Why don't licensing requirements, for retailers of fireworks, restrict the EU Freedom to Provide Services?

Here are the facts of a hypothetical case. A is an Austrian wholesaler that imports and distributes party fireworks to retailers. A set up stalls in several Christmas markets in Ireland where A sells ...

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