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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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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 ...
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1answer
58 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 ...
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1answer
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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 ...
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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 ...
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1answer
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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? ...
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2answers
143 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-...
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1answer
55 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 ...
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4answers
111 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, ...
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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 ...
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1answer
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'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 ...
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0answers
29 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 ...
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1answer
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Is permission needed to put an extract from a book in thesis as a quotation?

I want to use a couple of lines from "What is life?" by Erwin Schrödinger as a quote on the front of my thesis. Would I need permission from the publisher or would that be covered by fair use? Also, ...
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Removing my personal data ex-employer (RGPD/GPDR ?)

I work and live in France. I worked for a company last year but I quit working there months ago. Since I left, they still have not have removed some data accessible on the internet, like my first name/...
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1answer
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Salesman text me from his personal phone

I recently went to a garage to ask about different cars and offers, the salesman took some details; phone and email, when leaving I said to him I would be in touch if I wanted to proceed. He called me ...
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1answer
35 views

Do you have to provide the name and email address of your data protection officer?

Looking at Steam's privacy policy, they don't provide an email address to reach the DPO nor do they name them: You can contact Valve's data protection officer at the address below. While we ...
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2answers
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Who is infringing copyright when hotlinking is involved?

When a page at "Pirate Site" embeds images from "Example Site" by hotlinking, we have the following situation: Pirate Site isn't actually copying, storing, or manipulating anything. The pages only ...
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1answer
88 views

Article 13 - Block countries within EU

This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion. With the passing of article 13 in the EU, if a site chooses to ...
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1answer
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When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?

So I've been reading through the new copyright directive proposal and saw the pastiche exemption. So take this hypothetical: I forgot how anime.js worked to animate something. I find a piece of ...
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EU Cookie Law: Consent required in addition to accepted privacy policy

According to iubenda [1], a cookie consent is required in mobile apps too, though I did not see many apps following this advice yet. The realization of such a cookie consent on web sites is typically ...
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1answer
67 views

Is age defined in the European Union?

I feel https://travel.stackexchange.com/q/134011/4188 should have been asked here so I am doing it. To travel with a discounted Youth Pass, you must be aged from 12 up to and including 27 on the ...
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Strong Customer Authentication (SCA) and taking payments without customer present

On September 14, 2019, a new regulation for authentication will be introduced in Europe. Known as Strong Customer Authentication (SCA), this regulation will apply to online payments within the ...
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5answers
8k views

What is the purpose of a disclaimer like “this is not legal advice”?

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I ...
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1answer
38 views

How does copyrighted material distribution and diffusion work on a legal level?

I work in technology, building platforms for companies, which comprise the creation of the technological product and production of the applications. I only want to work on businesses that I believe ...
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3answers
69 views

False advertising to consumers

My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that ...
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How does GDPR apply for normal email communication?

I am a member in an association and in charge of membership management and general IT. We exchange information about the work of the association by email using private mailing lists the association ...
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1answer
44 views

What is the EU definition of a small part for children under 3?

I am searching for test on small parts for children under 3 years. I found the definition for the US (see below) but not for the EU. Page 87 of the Explanatory Guidance Document to Toy Safety ...
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1answer
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Buying motor-vehicle from another country

I'm looking to buy a motorcycle from another country in the EU and bring it back. The motorcycle will be purchased as second hand. For this, there is normally a purchase declaration (a small contract ...
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1answer
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Is CE marking necessary for product used by myself?

I have made a device to take and print pictures during parties and social meetings, as part of my job (party organizer). If I sell this device, it would fall under "Low Voltage Electronic Device" ...
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Is in-browser crypto mining legal?

Can I get sued when using an opt-in (prompt the user to accept before starting the miner) crypto miner like coinhive or mineralt on my website in the US/EU?
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1answer
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Rubik's cube image rights EU court decision [closed]

In February 2016, I have asked a question (Rubik's cube image rights) regarding image rights of Rubik's Cube. In short - I have developed an Android application allowing user to solve Rubik's Cube,...
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2answers
56 views

Is it legal to translate light novel works from Korea and publishing it on a website located in the EU?

According to this article Translation is typically considered a derivative work. While this varies from country to country, translation is considered derivative because it exists in relation to an ...
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1answer
56 views

Can a sysadmin ever read emails or PMs on his server, when secrecy of correspondence is in the constitution?

There is another question here that asks something similar, but apparently it refers to the US, where secrecy of correspondence doesn't seem to exist, at least according to this article on Wikipedia: ...
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2answers
183 views

If photos are PII under GDPR, how are most photos on the web legal?

It has been established that identifiable photos of individuals are Personally identifiable information. They MAY even be Special Category Data. It seems to me that ones photo is the most personal ...
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5answers
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Is it illegal to infringe copyright if your boss or your client ordered you to do it?

The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
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1answer
72 views

Can an immigration law firm in Bulgaria sue me in the US? [closed]

Two months ago I started to conduct an investment-based immigration program to Bulgaria with the aid of a Bulgarian law firm. After two months, I found they were extremely unprofessional (the ...
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Jurisdition of copyright infrigment [duplicate]

No actual case going on here, just a question for my general understanding. Lets say there is a project release under a GPL license, or any other open source license. Given that most open source is ...
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1answer
38 views

Can I take a second job at a potential customer of my first job?

4 months ago I quit my job to found a small startup (A) aimed at solving a niche problem only a few companies (including my old one) experience. I reached out to one potential customer (B) to invite ...
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1answer
64 views

Do Bitcoin nodes need consent to store EU citizen's personal data?

The Bitcoin blockchain stores data about bitcoin users. This includes: There bitcoin address, which is linkable to their identity via blockchain analysis Transactions they have made This would seem ...
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1answer
44 views

Would revealing/storing whether or not an EU customer uses a service violate the GDPR?

Some web services will notify the user if the account name they are entering exists or not. However, I am wondering if this would be legal? For example, if someone entered the email address of someone ...
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1answer
95 views

Can't GDPR compliance be trivially bypassed?

For large tech firms such as Facebook, at least, wouldn't it be a trivial matter for these companies to avoid EU GDPR compliance altogether? Many big companies don't actually "sell" any tangible ...
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1answer
53 views

Does the UK have HOAs? (homeowner associations / Stratas /Syndic)

I'm looking to move to the UK in 6 months and purchase a flat, but I'm wondering if the UK has also HOAs like the USA? In the USA they are pure hell and want to know if I'll have to deal with them ...
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Does an admin have the right to read private messages in social media and apply TOS?

In online communities (like forums, social networks, platforms like Stack Exchange, etc.), can a user be banned because of something they have written in a private message? If so, when does the ...
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1answer
59 views

In which jurisdictions outside the EU can the GDPR be enforced?

The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens. Now of course, the EU's jurisdiction is not global, but the EU does have treaties ...
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1answer
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What if rules for a public transport are only visible on a website and not in Metro / Bus?

I live in Barcelona / Spain and recently got fined in a Metro for something I had no idea was illegal. I entered the Metro zone with my girlefriend and we both used the same card (It's legal with ...
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1answer
69 views

Can my employer gather personal data without written consent

I'm located in the EU. My employer recently became a contractor for an american company. We deal with software. A requirement of the american company was that on all machine of the people working ...
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0answers
38 views

Case law, statutory law, the UK and the European Union

I have been told that "statutory law" is a "blunt instrument" (presumably due to the cost of change?) and that the UK legal system has developed a system whereby a more flexible "case law" is used to ...
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1answer
96 views

Company makes confidential CV publicly available and searchable. Legal recourse?

A friend of mine was looking for a job last August. She sent CVs for various positions. Now, months later, somebody told her that if he Googles her name, her CV pops up. She tried it herself and sure ...
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1answer
65 views

Interpretation of EU legislation

The European Union has 24 official languages, and EU legislation is published in all of them. How does the court resolve inconsistencies in interpretation that might arise because of mistranslations, ...
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2answers
72 views

Can my non-EU wife be deported from France for a visa refusal?

I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French ...
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1answer
46 views

Access to broken parts, after a repair, in the EU

In the European Union, if a customer gets a repair performed, does he have the right to request the broken / replaced parts? For example: if you get a phone screen repaired, do you have a right to ...