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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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1answer
33 views

Rubik's cube image rights EU court decision

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
35 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 ...
0
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1answer
36 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: ...
6
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2answers
144 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 ...
46
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5answers
15k views

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 ...
0
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1answer
65 views

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

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 ...
0
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0answers
22 views

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 ...
2
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1answer
35 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 ...
2
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1answer
58 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 ...
4
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1answer
42 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 ...
2
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1answer
70 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
46 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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0answers
35 views

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 ...
0
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0answers
21 views

TUPE EU Directive - Employee Undertaking Business After Notice Of Dismissal

We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they ...
3
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1answer
51 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 ...
4
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1answer
64 views

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 ...
1
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1answer
61 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 ...
1
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0answers
35 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 ...
5
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1answer
90 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 ...
3
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1answer
56 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
71 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 ...
3
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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 ...
2
votes
2answers
104 views

A company (EU) sells potentially dangerous chemicals to anybody. What can I do as a citizen?

I have read a report by a high-schooler doing "experiments" by injecting himself with custom-synthesized peptides (small proteins). I emailed the author who confirmed that his report was no joke. ...
1
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1answer
23 views

Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
2
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1answer
95 views

Is it really possible to use Google Analytics without consent, and if so, why exactly?

I'm asking about the GDPR and the European Union. Lots of websites claim that it is possible to use Google Analytics without asking for the user's consent. Even some answers here suggest that it is ...
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1answer
32 views

Fee for Subject Access Request to GCHQ, Data Protection Act 2018

When making a Subject Access Request to GCHQ I was told that I would have to pay a fee for this Request. The GDPR does not allow for such a fee, while the UK Data Protection Act does(Part 4 – Chapter ...
0
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1answer
42 views

How much can the GDPR be amended by EU member states in their national laws?

Citing article 8 of the GDPR (emphasis added): Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the ...
0
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0answers
17 views

Changes to the privacy policy that require the user's consent: GDPR compliance

Suppose you have an online service, with a privacy policy that the users have accepted. Then at some point you want to introduce some changes to that privacy policy, in a way that requires the user's ...
1
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2answers
108 views

Same game company name, but in a different country

I finally came up with a good name for my game studio, however after searching for it there appears to be another game company with the same/very similar name. They were founded this year, have an ...
1
vote
1answer
95 views

Is the proposed Brexit agreement contrary to the Human Rights Act?

Is the proposed Brexit agreement contrary to the Human Rights Act? May's Brexit Deal as it is currently tabled, sees EU laws continue to apply in the UK, enforced by the Commission and Adjudicated by ...
3
votes
3answers
295 views

Is it illegal in the EU / in Germany to download a scientific e-book?

Suppose there's a scientific monograph I really want to read but don't want to buy. I find an e-book on some website (where it is accessible to the public without restrictions) and download it. I don'...
3
votes
3answers
168 views

What law forces cookie dialogs on websites?

The Web is now covered with poorly designed, intrusive and ineffective dialogs warning about cookies. Presumably this is as a result of an EU directive. Which UK law enacts this directive?
3
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1answer
54 views

GDPR compliance for software that lets users store PII of other people

Most times you see GDPR it relates to the first party storing data about their users, customers, whatever. I'm a developer for some hosted software (SaaS if you will) that allows —as a very tangential ...
0
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1answer
54 views

What happens if you commit two murders in two different countries (not your own) and is apprehended in a third country?

What happens if you commit two murders in two different countries (not your own) and is apprehended in a third country? How will the countries most likely come to an agreement, and how long might the ...
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0answers
40 views

Verifying the law around hosting an online crypto casino in the US

Can a site operator, resident in the USA in a state that doesn't allow online gambling, legally run an online casino site, provided that the site Terms And Services document states: it is ...
1
vote
1answer
21 views

Counting UK Statutory Instruments implemented annually enacting EU legislation?

Is there a convenient way of determining the number of UK Statutory Instruments implemented annually as a direct result of EU legislation? This page shows the totals, but I cannot see a way of ...
1
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2answers
60 views

Are all statutory instruments in the UK subordinate to an Act of Parliament?

Are all statutory instruments in the United Kingdom subordinate to an Act passed by Parliament? If so, is the intention that the thrust of law is democratically accountable, but for expediency the ...
2
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0answers
20 views

Partially Paid by US entity under B1/B2 Visa or Visa waiver. Is it legal?

My EU employer is an affiliate company of a US company. Whenever the EU company’s employees are required to travel to US (under B1/B2 visa or a Visa waiver program) for some meetings with some US ...
2
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1answer
57 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
0
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1answer
39 views

Identity of the controller (GDPR): can any website now ever be anonymous?

No matter whether a website collects personal data or not, it seems that a privacy policy is required anyway, and such a policy should contain (citing article 13 of the GDPR, first paragraph): (a) ...
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0answers
28 views

Secondary Battery Claim under ADR

I am working for a company that sells gardening / power tools powered by a Li-ION battery, the device not the offence. (3.6V 1S1P single cell up to 40V 10S2P). When the customer (private person, John ...
1
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0answers
16 views

Can I register a company name in the US if there is another company in the EU with the same name?

I'd like to register a trademark here in the US for a company name (an IT consulting company) and there is another company in the EU (registered under WIPO) that has the same name but differing ...
3
votes
2answers
689 views

If I don't patent my invention, how closely can a competitor copy my product?

Introduction: I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving ...
1
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1answer
38 views

Online purchase of a digital product locked away, are they legally required to provide the items?

I (European based) purchased multiple digital objects for an online game (US based) in 2014. In 2015, the account these objects were on was 'frozen'. (Reason stated at the time was cheating.) I quit ...
2
votes
1answer
204 views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
3
votes
1answer
21 views

Is there a site that lists all EU members' Statutory Instruments for specific laws (like MLD4, UCITS etc.)

I'm new here and don't have a law background but my field (finance) often overlaps with legal aspects quite a bit. I was hoping someone might be able to steer me in the direction of a good (free!) ...
6
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1answer
71 views

Copyright violation: Can a producer/film-maker file a lawsuit if one download a pirated version of their movie?

Recently, a company in Denmark called "Njord Law Firm" sent out about 25,000 penalty letters to Swedish citizens regarding downloading pirate movies from Piratebay, Popcorn time, or as such. They got ...
2
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1answer
65 views

Can a company charge a fee for erasure under GDPR?

Suppose a company has a mailing list to reach out to potential customers. They send both physical and electronic mail. One EU-based potential customer does not want to receive mail anymore and ...
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1answer
50 views

Employee intimidation

A relative of mine has worked at a small company for the past 10 years as a senior design engineer. The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
2
votes
2answers
121 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...