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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Self-set needs-based salary

Is it legal, in regard to GDPR and Norwegian/European law, for an employer to ask their employees to List their yearly monetary needs Present their needs, to management for approval Set their salary ...
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2 answers
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Limits of automated decision making WRT workplace surveys

As part of the GDPR, if personal data is used for automated decision making a number of rules apply, particularly regarding consent and access to data. A number of companies offer workplace surveys, ...
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10 votes
2 answers
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Can I store the names of arbitrary business associates in my CRM system?

I'm running an agency and I would like to store the names of employees of my client's companies to help me build client relationships. For example, "Gina works on reception." Is this allowed ...
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2 votes
0 answers
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Is a sales clause prohibiting the buyer of exporting the goods outside of a zone legal?

I bought some goods at my local Mercedes dealer in France, and I was stunned by a sales contract clause that reads : Le client s'engage : Export interdit hors UE/AELC/MC Translation mine The client ...
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-2 votes
1 answer
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What content is banned in Germany in WhatsApp profile pictures?

There is an image being published in the internets which shows that, allegedly, in German city of Paderborn having the letter Z and the Russian flag in your WhatsApp profile is a violation of section ...
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Can a father prevent the daughter from going on holiday with the EX-wife?

If a 10 years old girl is daughter of a divorced Italian couple, and an Italian court disposed for her a shared trust like 30%-70% (father - mother respectively), does the mother have the right to ...
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5 votes
1 answer
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Is generating automatic requests illegal?

TL; DR; Is generating automated requests to a government site illegal in some way? There is a government site (EU/Ireland) that provides a WebChat service as a contact option. When the chat is active ...
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2 votes
0 answers
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Has any recent academic research been done on the comparative performance of FOIA response speeds by different European governments? [closed]

Recently, I took part in a large, international investigative journalistic project on dumps of oily waste water by ships. In that context, I did a FOIA request to the Dutch government. Whereas the ...
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-1 votes
1 answer
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Where is it stated in the GDPR that the GDPR only applies to EU citizens?

I recently came to the shocking realization that the GDPR does not apply to natural persons who are not EU citizens. I looked up the GDPR to find the Article or GDPR item that mentions this but could ...
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1 answer
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Does a company’s T&C or their house rules supersede law and is asking private health status (including the request to wear a mask) an offence?

In January 2022 I used an airline to fly from UK to Spain. As soon as I boarded, I made myself comfortable and ready to sleep as I had no opportunity to do so the night before. I took my mask off as I ...
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Is it possible to make an appeal through Aviation ADR when the claim gets rejected the first time?

I filed a complaint and claim against an airline company with the Aviation ADR (Alternative Dispute Resolution for Aviation in the EU) on March 15th and received an airline response on April 7th with ...
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1 vote
1 answer
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What do statements that “X does not affect your statutory rights” accomplish?

Often return policies will say something like none of these terms should be taken to curtail your statutory rights as a consumer”. What would be different if companies didn’t write these lines?
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Does the GDPR apply to reference managers?

Reference managers are software products that record the details of scientific papers that one interacts with. All academics and many others use them as a crucial tool of their work. Common examples ...
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1 vote
1 answer
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Can I use images fetched by Google Image APIs to use as content images on my webapp?

I have a webapp where people can manage their packing plans for outdoor activities. In those packing plans they can add items like backpacks, boots, etc. They are also able to upload images for ...
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2 votes
0 answers
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Purchase digital service while traveling in the EU

I am wondering what type of VAT is due when purchasing digital goods while traveling in the EU. I found this related to the topic: Your Europa However, my use case is not covered. So my question is: ...
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3 votes
1 answer
82 views

Trans-Atlantic Data Privacy Framework - defined national security objectives

According to this release from the White House they state: the United States is to put in place new safeguards to ensure that signals surveillance activities are necessary and proportionate in the ...
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2 votes
1 answer
61 views

Does the GDPR cover reference to court proceedings?

On this site many good answers are referenced by real court cases, usually in the form Surname vs. Surname [date] <link to further details>. There also exist documents (example is US so as not ...
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1 vote
2 answers
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Do EU GDPR demands on a web hosting service extend to its clients?

If a web hosting service like GoDaddy or Wordpress.com is subject to GDPR, does it require they impose GDPR requirements on their clients? Does it matter whether the client is subject to the GDPR or ...
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3 votes
2 answers
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The legal basis of banning RT and Sputnik in Europe

What is the legal process whereby the proposed bans of RT and Sputnik are supposed to be put into practice? Why does the European Council think it has the right to force ISPs to censor websites?
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36 votes
3 answers
5k views

Legality of penalising Russian Oligarchs

What is the legal basis for penalising individual Russian Oligarchs? Having ill-gotten wealth and dubious friends is hardly unique to Russia, and whilst I can understand with the desire of the Western ...
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19 votes
2 answers
5k views

Is it legal under Czech and EU legal system to punish people with prison sentences for publicly expressing their political views?

This site claims that (my emphasis): The Czech Republic's chief prosecutor has warned that expressing support for Russia’s attack on Ukraine could be a criminal offence, punishable by imprisonment. [....
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1 answer
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How are EU member states, and entities under them, legally forced to apply EU imposed sanctions?

Typically how is SWIFT the global payment network, which is under Belgian law, required legally to implement the EU sanctions?
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1 vote
2 answers
393 views

Would it be legal for foreign volunteers to fight in the Ukraine?

On Sunday 27 February at 7:15 AM GMT, the BBC reported that: (source) Ukraine asks foreign volunteers to help Kyiv says it's establishing an "international" legion for foreigners wishing to ...
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Is it legal for an EU-based online retailer to geoblock non-EU/EEA customers?

The company I work for (based in Germany) offers online courses. The company would like to block users from non-EU/EEA countries (because of taxation complexity when we take payments from outside EU/...
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2 votes
1 answer
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Is MailChimp compliant with GDPR?

In light of recent news of Facebook not being compliant with GDPR because it processes data in USA and not in europe, would a website using MailChimp for newsletter be GDPR compliant since it is based ...
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1 vote
2 answers
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Is an individual liable for administrative costs when backing out of an employment contract accepted via email?

A non-EU citizen accepted an offer of employment in writing via email for a company based in the Netherlands. They sent their passport and other documentation to the company to begin the process of ...
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Chinese freelancers without a VAT number working for European companies

When a European company hires the services of a Chinese entity, can that Chinese entity be an individual without a company or VAT number? Or simply put, are there laws or regulations in China that ...
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1 vote
1 answer
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Reuse images from auction website

I bought a broken engine from an auction website. I fixed the engine and am now trying to resell it on the same auction website. The previous owner created some great images from the engine including ...
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1 vote
0 answers
26 views

Does a program used to extend an existing program count as achieving interoperability for decompilation?

From the EU 2009/24/EC directive on the legal protection of computer programs, decompilation of programs is allowed under the following term: The authorisation of the rightholder shall not be ...
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1 vote
1 answer
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What references are available for the GDPR legitimate interests balancing test?

A basis for the processing of personally identifiable data (PII) is legitimate interest. According to the UK ICO data controllers who rely on this basis should conduct a legitimate interests ...
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2 votes
2 answers
205 views

Can a hairdresser sell my hair without consent

Can a hairdresser sell my cut hair to, for example, someone who creates a wig or uses it as a fertilizer without my consent? Is there a difference between these cases? The hair's taken out of the ...
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1 answer
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Create a company to manage my personal domain name

I own a domain name that has the format last-name.com, that is used primarily for personalised email addresses for my family. At the moment, I am the legal owner of the domain name and the ...
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1 vote
2 answers
114 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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3 votes
2 answers
143 views

What happens if a refugee continues to be threatened in their host country?

Suppose a person seeks asylum in a new country, like the US or in Europe. But after they get there they find that the people who were threatening them in their home country, for example as part of a ...
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3 votes
3 answers
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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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1 vote
1 answer
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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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-2 votes
1 answer
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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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2 votes
1 answer
81 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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4 votes
1 answer
438 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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12 votes
5 answers
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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3 votes
1 answer
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Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?

This question 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 will ...
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1 vote
2 answers
111 views

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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4 votes
2 answers
3k views

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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1 vote
1 answer
146 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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0 votes
1 answer
46 views

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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3 votes
1 answer
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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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0 votes
3 answers
155 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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1 vote
1 answer
99 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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0 votes
0 answers
11 views

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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1 vote
1 answer
116 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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