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.
352
questions
0
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0answers
21 views
Legally act on the behalf of someone else, within a web application?
I've the following scenario. There is a computer system (web application), which let users log data of their work. This data is processed into bills and metrics.
Now a new function should be added, ...
2
votes
0answers
14 views
Tax law and hiring freelancers in Germany
This question is the counterpart to Tax law and freelancing as a side-job in Germany.
What are the laws concerning hiring a freelancer for a short project (for example an international freelancer ...
1
vote
3answers
53 views
Does GDPR apply to personal information entered in a password-field?
If someone enters personal data in a field which purpose is not to handle personal data, does GDPR apply?
For example if someone enters their email, phone number or name in a password-field? If so, ...
-5
votes
1answer
85 views
Can the EU legally mandate the sterilization of a member country? [closed]
To give context so that my question may be better understood and not just disregarded as trolling, I have just read "Germany must Perish!" by author Theodore N. Kaufman. It's a very well-written book, ...
1
vote
0answers
20 views
Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)
Company A: a software development startup. Incorporated in Finland.
Person B: An UK resident and citizen
A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
1
vote
2answers
23 views
Can an EU citizen spouse look for work before Stamp 4?
Say the non EU spouse of an EU citizen is due to get their Stamp 4/Card in a couple of weeks, enabling them to work in an EU country.
While they are waiting for the date to get the stamp, can they go ...
1
vote
2answers
106 views
Close family member got me intro trouble in my home country, unsure how to proceed [closed]
I have immigrated from European countryA to European countryB several years ago. Before I left I was operating a small business with a close family member, they were taking care of the accounting/tax ...
1
vote
0answers
38 views
Replace User ID with pseudonym, still need consent?
I use a service called Matomo (as opposed to Google Analytics) so that I can own the data collected, and I thought they were better in regards of user privacy.
My goal is to avoid collecting any ...
4
votes
1answer
118 views
When is a permission required to attack a system?
Never attack something you don't have a permission for!
This is one of the golden rules of penetration testing, yet it's surprisingly unclear. What exactly counts as an attack, and when do I need ...
-2
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0answers
25 views
What are “those measures that fell outside the international market model” that justified a second justification? [closed]
Robert Schütze. European Union Law 2 ed. 2018. p. 534. All emboldenings are mine.
Why would the Court be strict on the express policy grounds mentioned in
Article 36 and yet allow for implied – ...
-1
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0answers
10 views
Why couldn't potential grounds of justification be expanded within Art 36 TFEU?
Robert Schütze. European Union Law 2 ed. 2018. p. 534. All emboldenings are mine.
Why would the Court be strict on the express policy grounds mentioned in
Article 36 and yet allow for implied – ...
0
votes
1answer
30 views
How to parse “be an obligation or be prohibited”, in para 76 in Case C-355/10 Parliament v. Council (Schengen Borders Code)?
Robert Schütze. European Union Law 2 ed. 2018. p. 324. All
76[.] [...] Depending on the political choices on the basis of which those rules are adopted, the powers of the border guards may ...
0
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0answers
35 views
Meaning — “Advocates-General increasingly behave as if they were exclusive functionaries of the case law”
Robert Schütze. European Union Law 2 ed. 2018. p. 206. All emboldenings are mine.
Transcribing everything takes too long, thus I'll transcribe just the gag line. See my red arrow.
108 It is ...
1
vote
1answer
46 views
How does the double extension of the doctrine of vertical direct effect discriminatorily limit the no-horizontal-direct-effect rule?
Robert Schütze. European Union Law 2 ed. 2018. p. 101. All emboldenings are mine.
Transcribing everything takes too long, thus I'll transcrible just the gag line. See my red arrow.
&...
0
votes
2answers
45 views
GDPR - Service storing other people's clients' emails
I am working on a service that allows people to import data regarding their sales within a particular platform.
This data is imported in an excel format (CSV) and contains all sales informations for a ...
3
votes
1answer
112 views
Copa Airlines overbooking - delay compensation
Short story: we went to Peru on vacation with my wife (2 persons)
we bought our tickets at AirFrance
outbound flights (Budapest-Paris-Lima) operated by AirFrance were ok
return flights were messed up ...
0
votes
1answer
94 views
Is there a limit to the liability an airline can impose on a passenger because of their behaviour?
There is a story in the news today about a woman being charged £85,000 after she caused a flight to be diverted due to her behaviour.
I believe this is section 23.3 in Jet2's Conditions of Carriage. ...
1
vote
2answers
77 views
Subsidies for low paid / free workers in some EU countries
I have heard that that in some EU countries such as Ireland, an employer can receive a €10,000 per year subsidy for simply employing a person who has been unemployed for a certain length of time. ...
1
vote
1answer
63 views
Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?
I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph:
§ 18 Post-Contractual Non-Competition/Contractual Penalty
(1) For a ...
2
votes
1answer
47 views
Legal sending personal information to a third party if the user supplied incorrect contact information?
To clarify the title, here is an example:
Alice wants to sign up to online store Nile.com
Alice enters the email bob@mailprovider.com by accident
Nile.com does not send a verification that Alice has ...
1
vote
0answers
34 views
Was nationalisation of energy companies a breach of EU law?
Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member ...
3
votes
1answer
73 views
Is it legal to compel users to share data in order to access more features, when the features being accessed do not require the data being requested?
Apologies in advance if this is not the correct exchange for this question.
I am a developer working for a company that owns a healthcare application. They operate exclusively in the EU.
As part of ...
1
vote
1answer
70 views
Store browser width / screen size and browser type without user consent?
I have a question about GDPR compliance for a web app. May I store users' browser window width / screen size (like 768px) and browser type (eg. Firefox) to be used for future responsive design ...
3
votes
2answers
60 views
Controller processor roles for a SAAS for schools
Assume the following situation:
There is a cloud-software (SAAS) which is used by a school for basically three things:
Edit: The SAAS was designed with children facilities in mind: Nurseries, ...
4
votes
2answers
131 views
“no logs” website in eu - is it illegal?
As title says, am I obligated as EU citizen / owner of website hosted in EU to log some data about users which would then make them identifiable? What if I do not collect any data about users of my ...
0
votes
2answers
75 views
Do I need permission to publish a FOI response in a blog post or open letter?
I recently submitted a FOI request to my local council, and had a response.
Part of the response stated the following:
You are free to use this information for your own use, including for non-...
1
vote
0answers
35 views
What rights am I going to Loose from my EU patent if it is registered by a consortium
Longer story short, recently I (and a couple of friends) won a technological contest in Portugal. To enter and win it, we had to submit a technical drawing and explanation of a possible invention/...
2
votes
1answer
65 views
Can liability for data disclosure be waived by T&Cs under GDPR?
I live in Ireland, an EU county subject to the GDPR.
I see in a service T&Cs the line:
"Despite our use of commercially reasonable efforts to protect your
Personal Information from ...
1
vote
2answers
58 views
Small Claims Court UK - Small German Company owed less than E5000 EUR by UK company
Can the German company make a claim through the British Small Claims Court or do have to use the EU Small Claims Court system?
3
votes
3answers
147 views
Is a public IP address classified as “personal data” for a third party under EU law?
Situation: an individual in the EU has a web site available on Internet (= if you are on Internet, you can connect to that web site). The IP addresses of the connections to this web site are stored in ...
0
votes
1answer
142 views
What is the best way to proceed with a legal action against US company from abroad?
Some time ago I have signed a contract with Premiere (Premiere Event, Rise of the Phoenix Inc, NYS Corporation) with Michael D Palance as Director, US company which is looking for young talents ...
2
votes
2answers
65 views
Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?
Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?
For example, on Stack Exchange, do the questions, answers, comments, messages and ...
8
votes
1answer
43 views
What measures can the EU take if there are irregularities in EU parliament elections in a member state?
There are reports of EU citizens denied their voting rights in the UK during the 2019 European Parliament election in the UK.
I assume there are ways to report them in the UK.
But what can the EU do ...
1
vote
1answer
95 views
Is it legal to read leaked classified documents (Wikileaks, ..)?
Is it legal for a random citizen to read classified documents that were publicly published by actors such as Wikileaks ?
Or should a citizen, once he knows that the document is classified, legally ...
0
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0answers
20 views
Do the Courts of European Union publish the full transcripts of proceedings?
I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
-4
votes
3answers
77 views
Are the irritating web site warnings about cookies an intentional consequence of European legislation?
It seems that in the last couple of years, it has become standard for web sites to have irritating pop-over notifications that their web site uses cookies “to enhance your user experience” or ...
4
votes
2answers
112 views
What protections does Europe provide for US patents (that China doesn't)?
According to a NYtimes article yesterday
Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered.
I am trying to understand the context ...
1
vote
1answer
43 views
Can I sign multiple job contracts with different German companies?
I'm from a non-EU country, I have received some Job contracts from Germany.
Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
3
votes
1answer
66 views
How to make data brokers delete my information without providing more information? Can I take legal action?
I've been reading this terrifying list of data brokers after finding my information in a Google search result. I want to reach out to the "high-priority" data brokers and get them to remove me from ...
2
votes
1answer
47 views
What is “a place where Member State law applies by virtue of public international law”?
Art. 3 (3) GDPR mentions that:
This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of ...
3
votes
1answer
81 views
UK: Returning damaged items without option for free replacement?
I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain.
The ...
2
votes
1answer
23 views
Which EU document or treaty article removed the internal customs in 1993?
From a EU customs union history:
1992
EU adopts the Community Customs Code. It assembles for the very first time in a code the provisions of customs legislation that were previously contained ...
9
votes
1answer
83 views
From what legal tradition do the long “whereas” motivation clauses of the EU legislation come?
Practically all EU non-treaty legislation and regulations have pretty long "whereas" clauses, often pages long, introducing the context and often the motivation of the legislation/regulations.
From ...
1
vote
1answer
49 views
Mobile app broke after an update. Am I entitled to a downgrade / refund?
The immediate problem I have encountered is described here, but I'm interested in the general concepts which apply in situations like this. What happens if a paid app stops working after an update? ...
5
votes
2answers
172 views
Why would a lawyer accept a case that involved only $1.50 USD?
The European Union: Politics and Policies (2017 6 edn). pp 159 Bottom - 160 Top.
To wit, how did Costa find a lawyer for such a picayune quantum? I'm cynical and reckon that only a few are open-...
0
votes
1answer
69 views
Does GDPR require consent for a processor to confirm or deny the existence of data?
Assume we have two separate lists of emails handled by two different processors. List A is gathered by company A in a way that the subject has given their consent for its processing for marketing ...
2
votes
4answers
205 views
Writing an easy-to-change will
Let’s take the following example: Alice is a web developer and she is in her 20s. She owns a business and some properties, bank accounts, Cryptocurrency wallets etc.
She wants to write her will so, ...
2
votes
0answers
39 views
What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?
The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable.
The EPO exists independently from the EU as an ...
4
votes
1answer
119 views
'Right to be forgotten' denied due to insufficient identification
I registered for a free online service with fake data while being underage.
Years later I request to have the account deleted, using the e-mail address I registered with. However, to identify me as ...
2
votes
0answers
30 views
Heathrow public wi-fi and Data Retention Regulations
My friend visited Heathrow airport and he used their public wifi. He said that he had to provide only his name and email and got access to the Internet. He had not validated his email to get access, I ...
