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.
575
questions
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0answers
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....
4
votes
2answers
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 ...
1
vote
3answers
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 ...
1
vote
2answers
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 ...
1
vote
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 ...
1
vote
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 ...
0
votes
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 ...
1
vote
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 &...
0
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0answers
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.
2
votes
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 ...
0
votes
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 ...
0
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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 ...
2
votes
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 ...
1
vote
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 ...
0
votes
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 "...
12
votes
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, ...
1
vote
0answers
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 ...
0
votes
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 ...
3
votes
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. ...
1
vote
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 ...
3
votes
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-...
8
votes
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.
...
4
votes
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,...
1
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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 ...
1
vote
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 ...
0
votes
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, ...
0
votes
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 ...
0
votes
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 ...
2
votes
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 ...
8
votes
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 ...
0
votes
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?
1
vote
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 ...
2
votes
0answers
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 ...
-2
votes
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 ...
0
votes
0answers
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 ...
1
vote
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% ...
2
votes
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
2
votes
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 ...
0
votes
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 ...
0
votes
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. ...
1
vote
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 ...
1
vote
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 ...
4
votes
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) ...
2
votes
0answers
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 ...
4
votes
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 ...
2
votes
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 ...
1
vote
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 ...
0
votes
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 '...
2
votes
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 ...
1
vote
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 ...
