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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45 views

How can my non EU girlfriend stay in Italy more than 90 days?

My girlfriend wants to come to Italy with me (an EU citizen). She is not an EU citizen and wants to stay for more than 90 days in Italy. She is 19 years of age and has a grandaunt (who is an Italian ...
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132 views

If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?

Let's say that Joe hates John. Joe knows that John is security-aware and has encrypted all of his hard disks and storage devices. John keeps the decryption phrase in his head. Joe makes an anonymous ...
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1answer
71 views

GPDR: Are third party companies alowed to track my e-mails

I live in Ireland and I've been doing business with an Irish company. That company has using a third party for its main IT system and this system has been sending me e-mails. Just recently I've had a ...
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88 views

Is any of the free law programs in Germany arranged or attendable online?

This question arose out of the answer given by Volker Siegel to this question. Is it possible to establish admission online to without personal attendance or attend online after regular admission? ...
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1answer
75 views

A scholarship organization is publishing my personal information on their website

In February 2018, I received a one-time scholarship (1000 €) from a private association in the EU. A few months ago, I noticed the organization published on their website private information of the ...
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1answer
434 views

Can any national European company do business in all other member states?

For example, could a limited liability company registered in a Baltic EU state offer services in Poland? What I learn from the first comment to this question, this might depend for example on services ...
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5answers
4k views

How can I get more than 10 years of transaction history from my bank?

I will shamefully admit that it was only in the year 2021 that I finally built my own bookkeeping system. Yes, I should have done it 10-20 years ago, but I didn't. So now I'm in this situation: First ...
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1answer
52 views

Has Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR been ever used?

This questions arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ ...
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Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?

Is there any precedent that the ECJ or the ECHR ruled any provisions or amendments of the constitution of a Member State null and void, annulled, repealed, cancelled them or otherwise ordered any ...
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Is this true? "Thanks to GDPR laws, EU country A cannot check/investigate a corporate structure of a company incorporated in EU country B"

Not sure how to describe it better but I'll try my best. According to someone I talked to this is 100% legal and 100s of people do this. Here's the setup. You are a tax resident in EU country A. This ...
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1answer
134 views

Is Austria COVID vaccine mandate legal?

Austria plans to impose fines for those who refuse to get vaccinated against COVID19: Under the government’s plan, authorities will send out invitations to vaccination appointments to the 2 million ...
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What are the EU criteria for defining a product as 'sustainable'?

I'm writing an academic paper in the field of material science and was trying to find working guidelines to define product sustainability. In particular, I was trying to see if, within the EU, there ...
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80 views

French University: are remote internships legal?

I am a master's student, part of a two-years dual degree: first year in Germany, second and last year in France. For my last semester, I am required to do a 6 months internship and thesis in a company,...
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152 views

How is Poland's EU membership not void because of the EU contract violating the Polish constitution?

As far as I understand it, an illegal contract is void, and the Polish Supreme Court has assessed that EU contract violates the Polish Constitution. Why is Poland still considered an EU member state?
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1answer
98 views

Is it illegal for a school to take photos of children during online classes?

Consider a situation where some students are required to turn on the camera during online classes - my question is: If a student's facial image is collected during online classes, is parental consent ...
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EU - Signing a contract before a Ltd Co is formed [duplicate]

Is it possible to sign a contract with a client company before a Limited Company (Ltd Co) exists, so once the Ltd Co is formed the contract would apply to it? The situation is that several partners ...
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1answer
109 views

Open source rocket development

Is it possible to collaborate openly (publicly) world-wide with others to develop a suborbital/orbital capable rocket/launcher and to publish the resulting know-how (both software and hardware)? There ...
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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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2answers
125 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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3answers
71 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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2answers
81 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
67 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
45 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
52 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
63 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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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
70 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
123 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
39 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
102 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
84 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
892 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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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
113 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
128 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
120 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
564 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
112 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
85 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
101 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
83 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
89 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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0answers
46 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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