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.
522
questions
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1answer
37 views
What is defined as low or minimal risk artificial intelligence, and which obligations does it have in the EU Proposal for AI Regulation?
The 2021-04-21 Proposal for a Regulation on a European approach for Artificial Intelligence (Proposal for a Regulation on a European approach for Artificial Intelligence.pdf) mentions:
The regulation ...
1
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1answer
77 views
Can a company claim they acted in good faith in this situation?
Let's assume that Hacker Corp. offers a penetration testing service to other businesses, and ACME Corp. contacts Hacker Corp. to conduct a penetration test for some internal testing.
Hacker Corp. ...
1
vote
1answer
44 views
Does the Data Protection Act 2018 in UK require users of a website to explicitly
Now that Brexit has happened, GDPR no longer takes effect in UK.
However, the Data Protection Act 2018 will continue to apply.
With GDPR's Article 6, a website is required to request explicit consent ...
3
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2answers
60 views
Creative commons attribution and GDPR
When using content released under an open licence such as creative commons, it might be required to provide attribution to the author.
For instance, if I were to use this image from Wikimedia Commons ...
1
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1answer
43 views
How far up the chain of internet provision does my GDPR responsibility go?
Say I host a web page on my computer, and you visit that site from somewhere in Europe. The web server on my computer will know your IP address, and I can choose to "forget" it as soon as ...
2
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1answer
80 views
Origin of goods in international waters
In the Europe Union, it is mandatory for a seller to indicate where the food is coming from. If fish were caught in international waters, should we consider its origin as the closest country or the ...
2
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2answers
94 views
Can I get in legal trouble for open sourcing an unofficial wrapper for an API? (EU Law) [closed]
A while ago, I programmed a very simple API-Wrapper for a search engine and made it Open Source (Licensed under MIT). All it basically does, is using the very same REST-API the actual website uses as ...
0
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1answer
48 views
Using copyrighted content as a profile image in the European Union
In online communities such as the StackExchange network, many people use images of their favorite movie or comic characters as profile images/avatars.
In the US, this is apparently legal due to the &...
3
votes
1answer
111 views
Is it legal in Austria for somebody to send threats of legal action in court if money is not paid and not follow through?
I have received a cease and desist letter from a lawyer in Austria demanding I remove a number of facebook posts that asks critical questions about the (non) functioning of their product.
After this ...
0
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1answer
59 views
Are anti-employee-poaching clauses in contracts enforceable?
Many companies have so-called "anti-poaching" clauses in job contracts to prevent employees that leave from referring their old colleagues.
I heard some large tech companies have got in ...
1
vote
1answer
38 views
How does GDPR affect GMail GeoDNS?
My employer (in the EU, where GDPR applies) uses Google GSuite, and as a result I have a work webmail that I can check at the host mail.google.com. From what I understand, Google uses GeoDNS, i.e., ...
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0answers
26 views
Are there any European Commission decisions on the duration of the non-compete clause?
Do you know any examples of European Commission decisions on the duration of the non-compete clause/obligations in corporate law? I mean contracts when this non-compete clause was too long according ...
1
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1answer
44 views
Can I use an Employee's Personal ID in an company internal project? (EU Data protection Law)
I want to create an Order-Website for our company, where employees can order dishes from the canteen, so they know roughly how much food to order.
Now the question came up, if you order some dish, but ...
2
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3answers
124 views
Do governments need to compensate business owners if they temporarily force a business closure?
If the government (let's say in the US or EU) prohibit businesses engaging in an otherwise legally compliant enterprise, do it need to compensate the business owners for that? Assuming that's for ...
1
vote
1answer
25 views
“Concessions” meaning in this context
For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, a distressed restructuring should be considered to have occurred when concessions ...
4
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0answers
58 views
Is the creation and usage of a full-text index (for full-text search in a document) a copyright infringement (EU)?
My research points towards "no".
From here:
Full Text Indexes Are Data About Books, and That’s Fair Use
From here:
full-text indexing is allowed as fair use under US copyright law. ...
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2answers
186 views
Why does the female in a marriage usually get most of the belongings when they divorce?
I can imagine that this is true, but is it actually legally spelled out and motivated? Or is it just what tends to typically happen, for "other reasons"?
I've never been married and thus not ...
3
votes
2answers
79 views
Storing IP's and GDPR Compliance
Suppose a web designer plans to store hashed IP's in a database for analytical purposes of tracking unique clicks, and for security purposes to prevent botting unique clicks. Suppose the site only ...
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0answers
30 views
What are the potential implications of publishing excerpts from 3rd party copyrighted material in EU?
Case description
a person in the European Union (not US) collects digital written notes on research they are conducting. These take a form of excerpts (sometimes even multiple paragraphs), ...
2
votes
3answers
215 views
Is it legal to sell un-trippable circuit breakers?
About a week ago, the popular YouTuber bigclivedotcom uploaded this video, in which he showed a "circuit breaker", which on the outside seems marked appropriately, but is entirely non-...
3
votes
2answers
202 views
Was the EncroChat Hack Legal? If not, is there a legal mechanism which could allow the evidence to be used?
Disclaimer: I am aware there are a lot nuances within law, particularly within each country, as such this question only concerns the wider EU law and UK law as these are the courts I am interested in ...
2
votes
1answer
61 views
Is it legal to divulge information about a company (kindergarten) online in Austria?
The situation is the following: We have made a very bad experience with a kindergarten in Vienna and would like to divulge (make public) the experience we made with this kindergarten.
This would ...
0
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1answer
85 views
Foreigners in boards of public owned enterprises
In the EU, is it allowed to have a member in the board of directors for a public/government-owned organization when the following is true?
The member is a citizen of a country outside the EU.
The ...
1
vote
3answers
70 views
Are freelancers liable when products they develop for a client suffer data-breaches?
Supposing this is a freelancer & client in the EU and that a website was reasonably secured when developed.
Imagine there are no written contracts and a year after delivery this client's website ...
0
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0answers
27 views
What is the difference between “mandatory fair compensation” and “license” in EU copyright law?
I have been reading laws about exceptions to copyright in the EU. Article 5 of the CDSM, for example, talks about licenses and about fair compensation to right holders. What is the difference between ...
0
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1answer
44 views
EU potential employer asking for Police Clearance Certificate because of my nationality
I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland.
The company stated that as I'm not Danish, nor Polish, I should go through an ...
1
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1answer
56 views
How to determine what frequency of GDPR SAR is not excessive?
Repeat Subject Access Requests are limited in frequency by the Manifestly unfounded and excessive requests rules. The critical bit seems to be "A request may be excessive if it: repeats the ...
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2answers
36 views
If I have a EU research visa from one country can I start research activities in a different one?
I am Russian citizen who was working at a French University with a valid French permit of stay. I started working at a Portuguese University before my French permit of stay expired. After two month of ...
23
votes
3answers
9k views
In Europe, can I refuse to use Gsuite / Office365 at work?
See above. In a country where GDPR applies (Italy in my case), do I have the right to refuse giving consent to Google and Microsoft to store my personal data, if this account is for work use? Or, in ...
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1answer
65 views
Is it possible to embed a PayPal donation button and still be GDPR compliant? [closed]
I've read that PayPal embeds a pixel in its button which tracks every user that visits the website. Is that true?
More generally, is it possible to embed a PayPal donation button and still be GDPR ...
1
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3answers
139 views
Avoiding a speeding ticket by refusing to tell who the driver was?
This hypothetical question is based on a real incident I saw in the news.
Suppose that a car is driving over the speed limit by a significant amount, causing a police car to turn around and go after ...
3
votes
2answers
204 views
If someone shoots you, whose property is the bullet?
This may sound crazy but it is inspired by What if a spacecraft lands on my property?
The answer there seems to be that you don't acquire another's property just by it appearing in your domain.
The ...
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2answers
96 views
According to GDPR, does privacy decision made on website legally affect mobile app settings also?
We're implementing the EU's GDPR regulations on a certain project and I'm wondering about the following:
Company A develops an App, which also has a website version available to customers. The website ...
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votes
2answers
133 views
Is it legal if I collect and sell public data from Twitter?
Let's assume that, technically i am able to collect the public information from Twitter (including user's profile and their tweets) from Twitter.
I am wondering, is it legal to sell this data?
How ...
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votes
3answers
98 views
Do I have the right to let Twitter deactivate/hide a public account I had, but no longer use?
So a number of years ago, I created a Twitter account which I forgot the password and email to. More than 3 years ago, almost 4. I did not post anything, almost nothing. Just liked a couple of posts. ...
4
votes
2answers
86 views
(EU) Can a license agreement demand a specific compensation for unlicensed use of the software?
Scenario: As a software developer I create a WordPress extension that does x which I sell for, let's say, $20.
When buying it's clearly mentioned you are only allowed to install it on a single website....
28
votes
5answers
8k views
Is it illegal to market a product as if it would protect against something, while never making explicit claims?
I've recently come across an advertisement online of a product that stated
"Most people have heard of the horror of [bad thing] or even [worse thing]. Protect yourself with [our product] today!&...
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votes
1answer
98 views
Is there any country where contract overrides law? [closed]
Why is contract not above law?
Is there any country in the world where contract overrides law? If not, why not? What if both parties intend to sign and follow a contract that is against the law?
My ...
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1answer
40 views
EU refunds law for purchases made before comming to the European Union
If someone makes a purchase outside EU and then migrates to the EU will the EU 2 year legal gaurantee apply to that purchased big or small thing for?What if the person travels to EU?
1
vote
1answer
58 views
Compliance of .eu domain names post-Brexit
I am a sole-trader who operates purely in the UK, and I also have a corresponding (dormant) Limited company on 'Companies House'. I have both .com and .co.uk suffixes. I also have .eu suffix, and ...
1
vote
1answer
78 views
How long can my university ask for Erasmus+ money back?
I just got an email from my university claiming that they paid too much Erasmus+ money for my study-abroad period and asking me to pay back the amount within the next two weeks.
Since I received my ...
2
votes
1answer
81 views
Do I need to track when a user declines to consent to analytics to meet GDPR?
Suppose a user visits a website. They are informed that the site is using cookies and analytics, and the user can either allow cookies or decline. If the user declines (and therefore is not tracked), ...
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vote
3answers
145 views
Must Terms of Service be written by a lawyer?
I'm a programmer making a messaging service. And although I can get the software parts sorted out easily, I'm not really sure about the legal bits.
In particular, I'm not sure whether my Terms of ...
1
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3answers
2k views
Is hyperlinking legal in Europe?
This is why I am asking such a strange question:
Europe has a law called GDPR which imposes responsibility of processing on the person who decides the means of processing of personal data. Now, if ...
1
vote
1answer
133 views
Can someone who gave me a gift (pro camera) demand I give it back?
My ex bought me a pro camera a few years ago (when we were a couple). It cost around 1000 euros at that time. He said that for it I need to make 14 days of photoshooting for him. Since we spent a lot ...
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1answer
115 views
The EU Refunds law and wether cost of download is refundable?
Under the EU refunds law : consumers have the right to get refund if the the product is faulty.Thus if someone distributes a faulty app which is free can the developer be asked for the cost of ...
2
votes
1answer
52 views
GDPR outside the web: no need to provide a privacy policy?
Consider a freelancer like a web developer, or a consultant, or a lawyer, etc. Their jobs involve, one way or another, handling some personal data: contents of databases, authentication data, private ...
3
votes
1answer
90 views
What to expect when getting sued from abroad for libel?
I, a citizen and resident of the EU, wrote a biography of a British citizen who resides in England, and I published it on a popular online encyclopedia hosted in the United States. The subject of the ...
0
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2answers
63 views
Is it legal to publish a third-party server software that allows people to host their own dedicated server for a game?
One of our favorite online games recently got all its servers shut down so that it isn't playable anymore. As a few friends and I are quite experienced at programming and reverse engineering, we have ...
2
votes
1answer
58 views
Is it legal to alter and resell a product under its original name?
I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
