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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1answer
188 views

Is a cookie notice required for analytics?

Note: I've been directed here from Meta.SE I'm using GoSquared for my website analytics. I've visited quite a few sites using Google Analytics but they don't have a cookie policy or a cookie banner/...
2
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1answer
121 views

Belgium's historical Charter for indefinite access to UK waters

In 1666 King Charles II granted 50 fishermen from the city of Bruges ‘eternal access’ to British waters, and the EU are now trying to 'grandfather' this treaty. Is this treaty valid under all possible ...
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49 views

What types of information can be omitted from responses to a subject access request?

What types of information can be omitted from responses to a subject access request, and can the perceived intentions of the filer in submitting it be taken into account when deciding whether to (...
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1answer
49 views

How does a subject access request differ from a freedom of information request?

Is it similar to the distinction in the USA between a FOIA request and one made under the Privacy Act? Corollary: what is the origin of the Subject Access Request system, and why does the name seem to ...
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20 views

Who benefits of a tax reduction in subscription businesses? The company or the client?

Last year a client signed up for a yearly subscription of my product. He paid 14,99 € with 19 % taxes included. This year the taxes are only 5 %. How much does the client pay? Why I asked: PayPal ...
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1answer
37 views

any restrictions on transferring money from personal to business account

I'm starting a company and was wondering if I can use the income from my day job to fund my company until things are up and running. Basically I'd transfer funds from my personal account to the ...
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2answers
75 views

Are there any laws around viewing the messages of the members of a site you own?

If I build a website that has a messaging feature between users, what laws are there governing my behavior as the owner of the website? That is to say, I am the sole moderator and database ...
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1answer
42 views

GDPR account verification

I am having trouble in deciding what information I should be recording in order to verify an account user in the event that a) the user is locked out of their account for some reason b) they make an ...
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0answers
36 views

What is German police doing at German/Austrian borders? “Border checks” or “border surveillance”? [duplicate]

Let's start with a definition of "border controls" according to Article 2 of EU Regulation 2016/399: ‘border control’ means the activity carried out at a border, in accordance with and for ...
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2answers
155 views

Does EU/US copyright law follow its citizens wherever they go?

Abby lives in the European Union or United States. Abby visits Ben in Country X, which has no copyright laws. Ben has a copy of a movie that is protected under the copyright laws of Abby's home ...
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0answers
68 views

Can someone force me to delete a particular email?

Let's look at the following scenario: institution X holds a webinar, and after it is finished sends a follow-up email to all the participants leaking their email addresses in the CC field of the email ...
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2answers
96 views

Are airlines in breach of contract by not complying with the law?

Under European law airlines have to refund the cost of a cancelled flight within 7 days (Regulation (EC) No 261/2004 setting out common rules on compensation and assistance to passengers in the event ...
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1answer
42 views

Tariffs for ordering goods from switzerland to Germany

I am a passionate Magic: The Gathering player and as is commonly known some of the older cards can have values of 100€ of euros. I am thinking about ordering such a card from switzerland for the price ...
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1answer
70 views

Has the United States ever agreed to extradite anyone to any of the EU nations for a procedural crime?

Has there ever been a case of an attempt to extradite a US citizen to any of the EU states? I don't necessarily mean a procedural crime (like lying to the police or lying on some official form). Tax ...
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1answer
109 views

What is German police doing at German/Austrian borders? “Border checks” or “border surveillance”?

Let's start with a definition of "border controls" according to Article 2 of EU Regulation 2016/399: ‘border control’ means the activity carried out at a border, in accordance with and for ...
1
vote
1answer
33 views

EU Permanent residence before 5 years

I was checking if it was possible to get EU permanent residence as a Union citizen of another EU country in less than 5 years. Generally, PR is obtained by working/living in another EU country for 5 ...
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1answer
60 views

How does EU direct family have greater rights than extended family when the final outcome is going to be same for genuine cases?

I had asked some questions previously about EU Free movement rights like this one. I tried to extract answers by posing some scenarios but that proved to be inefficient. So I am trying a new way here ...
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1answer
14 views

OECD model tax convention: changing residence mid-month

OECD model tax convention and its commentary serves as a basis for many Double Taxation Agreements between European countries. How, typically, is a person P taxed according to the tax convention in ...
0
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1answer
122 views

Rights of rejected non-EU extended family members of EU citizens for achieving a righteous verdict

Check out this interesting discussion carefully. Now, suppose that I am a citizen of Ireland and I reside in a non-EEA country with my spouse, children, dependent parents and an unmarried sibling (who ...
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2answers
59 views

Does Surinder Singh route apply to Extended family members?

Surinder Singh route applies to Core family members of EU citizens (and I believe this includes dependent parents too?). But does the Surinder Singh route apply to Extended family members?
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1answer
65 views

Ireland case outcome?

See the last section of this website. It discusses about Ireland's mandatory requirement that non-EU family members of an EU citizen who want to join them in Ireland should have resided in another EU ...
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1answer
63 views

Cookie consent compliance: disabling JavaScript and keyboard accessibility

I've noticed that most cookie consent solutions are JavaScript based, and when you have JS disabled, the cookie consent settings may not be accessible. Speaking of accessibility, some cookie consent ...
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1answer
99 views

What power does the supra-national European parliament have regarding the control of Golden Visa/Passport schemes run by many EU member states?

What power does the supra-national European parliament have regarding the control of Golden Visa/Passport schemes run by many EU member states? The EU report on the Investor residency and citizenship ...
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0answers
22 views

Family law protections offered by EU Citizenship

As a United States Citizen living in an EU country, would I be offered any additional protections in family law cases if I became an EU citizen? What if my EU citizenship was of a neighboring country, ...
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1answer
30 views

Can internet providers use navigation data for advertising / profiling?

My internet provider knows which sites I am connecting to (even if only the server names, when using https). Can they legally use that information for profiling / advertising? For instance, if they ...
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1answer
45 views

Can a J-1 postdoc start a remote job abroad?

I am a postdoc in a US university on a J-1 visa. I have found a tenure-track faculty position in Europe, and would like to start there soon. However, it's not clear if I will be able to travel in time,...
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2answers
59 views

What is meant by “dependent parent” under EU law (Free movement rights)?

What is meant by "dependent parent or even dependent grandparent" under EU Free movement rights of Union Citizens (and to bring their non-EEA family with them)? Grandparents are more likely ...
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2answers
67 views

Irish citizenship or Permanent residence after 5 years of residence for EU citizen and their non-EU Family?

European Union law secures EU Citizens' right to travel in the member countries freely. They can also bring their non-EU family member(s) with them in certain instances. This page mentions that: ...
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2answers
180 views

How can German supermarkets get away with not following the EU regulations, which have been established long ago?

Since 2011, EU regulations on food labeling states require most foods label's to contain nutritional facts of the food. However, as a person who has been living in Germany for a couple of months, it ...
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1answer
62 views

Can I leave a EU country (Germany) with an expired visa but with a another already being created?

The case of my friend is: she lives in Germany, has a visa that is already expired, and she already paid for a new one and it is being produced, but the waiting time is 2+ month. She can't wait ...
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0answers
42 views

CE certification for toner cartridges of laser printers

Concerning toner cartridges and drum units of laser printers, I'm interested in ascertaining whether, according to European Commission Directives currently in force, a CE Certification document is ...
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0answers
38 views

Would distributing a vocabulary list for a copyrighted work violate the copyright of the original work?

I am considering the scenario where a vocabulary list is produced for a movie or book through use of an automated program, perhaps with manual cleanup. I get the impression that the copyright status ...
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2answers
149 views

European prohibitions on bullbars on public roads

I am looking to drive my American SUV in Europe (mainly in the UK, but also probably France, Italy and Germany). I have a hefty bullbar on both the front and back of my 2002 Chevrolet Suburban, ...
0
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1answer
72 views

Suing a Spanish company in Spanish courts as an UK citizen - Brexit

I want to sue a Spanish company and I'm a UK citizen hence currently an EU citizen. I've been told EU citizens have a right to sue Spanish companies through Spanish courts, whereas non-EU citizens ...
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1answer
202 views

Is abortion of children with Down's syndrome legal in EU?

In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And ...
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1answer
45 views

Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is ...
3
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1answer
168 views

Are online retailers breaking EU/US law by using user's log-in information to charge different prices without explicitly notifying them?

I am aware that in most places firms are generally allowed to price discriminate, i.e. offer different prices for the same product to different customers based on personal characteristics. For example,...
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2answers
171 views

The right to hide one's password

It's well known that you should never reveal your password to anyone -- including your boss, your sysadmin, etc. My friend's former boss has sued her, demanding (among other things) the password to ...
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0answers
11 views

A question regarding becoming European and German patent attorney

I'm thinking about becoming an European and German patent attorney. I'm right now studying electronics, but consider myself closer to informatics, and software development. As far as I have researched,...
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1answer
75 views

Accepting two offers from two EU countries

I had an offer from a Spanish company last month and I accepted it. And because I am a non EU citizen I need Visa process to be completed before I can join I am waiting for some documents here in my ...
2
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1answer
97 views

What does “in particular” mean in EU legislation?

The context of this question is the Schengen Borders Code, but the question itself is about the underlying principle of interpretation, so reference to interpretations of other texts in judicial ...
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1answer
46 views

Validity of automated GDPR subject access requests

If a software product was distributed that automated the creation and sending of GDPR subject access requests, do these request impose the same legal requirements on the data processor as if the ...
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0answers
35 views

GDPR and contact tracing

Alice has a business relationship with Bob, which involves both keeping contact information and enough physical interaction to count as a contact. Charlie contacts Alice and requests Bobs contact ...
4
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1answer
404 views

Can you seek asylum for not wanting to do your mandatory military service in your home country?

Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without ...
35
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2answers
5k views

How to store refusal of cookie consent

If a user refuses cookies on a website, then how can that website store that refusal? As far as I can tell, the GDPR requires you to store both consent to and refusal of personal data storage. But it ...
4
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1answer
57 views

Does antitrust law allow for a monopoly that strictly benefits consumers?

Antitrust law has long existed under the premise that more competition is better for the consumer. But what if a monopoly were to eliminate competition, and then use the increase in efficiency of an ...
6
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1answer
156 views

Is it GDPR-compliant to require *public* publishing of personal info as condition for access to a service?

Background: For roughly 2 decades I've run my own private email infrastructure for myself, open source projects, and a few other individuals over business internet service intended for such usage. I'...
3
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2answers
58 views

Are there any HIPAA like technical requirements in EU for developing health related web software?

It looks like in the USA developers adhere to HIPAA standards when developing and hosting health-related software. But I can't find anything similar to the EU. GDPR is all about being transparent and ...
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2answers
57 views

EU-Wide laws on Crime and Punishment (of individuals)

Although at present there is no 'Single Market' for Crime and Punishment, is there mutual recognition of Criminal Laws across all EU members, such that any offense commited in one Country is also an ...
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0answers
29 views

Can an EU country claim tax fees of an orphan pension refund of times where the affected person resided in another?

Explanation at the example case: Person A is an orphan and was moved from an EU country X to another EU country Y. Lately, after a few years his pension claims were successful and he has received a ...

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