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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Pension rights post Brexit

In the EU, if you worked in another member state for a period of time, that period will add to the minimum amount of time you need to work to be able to claim pension from another member state (with ...
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2 answers
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If I sell an item to someone in another country, whose laws apply?

If I sell a large item (example car/caravan/boat) from the UK in a private deal to a person in a country in the EU, which countries laws (apply in the event of a dispute)?
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Can a company take legal action if the GDPR requestor is not a European citizen?

I want to request the "Right to be forgotten" from a company that complies with the GDPR regulations. In the email, I have included the below: As laid down in Article 12(3) GDPR, you have ...
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3 votes
1 answer
61 views

Interpretation of EU roaming obligations for non-EU states

Situation While travelling, I entered Andorra (not a member of the EU) and stayed there for 2 days. I was unaware that Andorra was not included in the list of countries in which EU-roaming is free. (...
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9 votes
3 answers
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Contract mentions an outdated law

I want to keep it short. I signed a contract on 01/12/2021 that mentioned in the Terms and Conditions that they adhere to the 531/2012 law. This law is now outdated, it says No longer in force, Date ...
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2 votes
1 answer
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Is it legal to extract digital game copies from a game console to emulate/backup/mod the game?

I have a Nintendo Switch with some digital games installed on it. I want to extract, decrypt, mod and play the games on my PC using an open-source emulator, while still being able to play them on my ...
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1 answer
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Working part of the year from Spain for a UK company, what are the implications?

I am an EU national based in the UK working for a British company. I would like to live and work remotely from Spain between 3 to 6 months per year. My current company told me they would not ...
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3 votes
1 answer
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Tenancies and the GDPR

If Tim the tenant and Larry the landlord enter into a tenancy, then do either of them become a data controller of the others name and address? Does the landlord as the "provider" of the ...
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4 votes
1 answer
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Are forced arbitration clauses legal in European countries?

I'm curious about the legality of forced arbitration clauses in "fixed format" contracts that the general public are expected to agree to for buying goods or using services. I'm not ...
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46 votes
16 answers
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In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European ...
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Is it legal to work as a student assistant in Germany if Im an Italian student?

So I have a long residency in Italy and I'm finishing my masters, but I found a good thesis in Germany and they offered me while doing the thesis to work as a student assistant (to be able to cover my ...
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Can a financial service be extended at seller discretion and goodwill?

An FX Broker based in Ireland sold me over the phone a currency rate to transfer U.S. Dollar to Euro. The term of the deal I received by email stated the currency rate and a maturity date of two days ...
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2 answers
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Do EU consumer protection laws apply to online purchases made from overseas?

I purchased something from an online-only seller located in France (paid in euro). The product was shipped to me in the US. It had some problems, and the seller admitted it was defective. Do the EU ...
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2 answers
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If you recieve others PII as part of the response to a GDPR SAR do you become a data controller?

Say Alice makes a GDPR Subject Access Request of a data controller, and in response receives some of Bob's Personally Identifiable Information, does the Alice then become a data controller with ...
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2 answers
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Is it legal in Spain/Europe to retain an employee until a replacement is found?

When an employee sends his resignation letter, is it legal to retain that employee indefinitely until a replacement is found? Is it legal to claim damages if he leaves? This is for Spanish law and ...
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1 answer
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Why does the EU place the requirements with regard to goods on the retailer, not the manufacturer or importer?

Short (skippable) intro: I was reading the question about software updates, started searching, and came across EU Directive 2019/771, in particular Article 7, Point 3. In the case of goods with ...
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1 answer
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If a European bank keeps debiting illegal account management charges, is there a way to block debits or even enforce a SEPA direct debit charge back?

If the European bank at which you have an account keeps debiting illegal account management charges from said account (e.g. an arbitrary 300% of the amount contractually agreed) and doesn't react to ...
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1 vote
1 answer
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Does the ePrivacy directive apply to general JavaScript code?

Sweden have a "cookie law" that requires constent for non-necessary cookies. But the law seems way more general. Information may be stored in or accessed from a subscriber's or user's ...
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1 answer
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Is it possible to receive VAT refunds for products bought within last 6 months before leaving UK from stores not specifically enrolled in scheme?

Edit: as pointed out by xngtng, this is no longer in operation and was scrapped a couple of years ago. Suppose one buys something from a shop that doesn't specifically partake in the vat refund scheme....
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Is it legal to create your own currency in the EU?

In the European Union, and more particularly in France, is it legal for an association to create its own private currency?
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Working from Home in EU

Is there anything in EU (or German) law or directives to encourage or even mandate working from home, outside of a pandemic? Are there plans to do so? Background: I plan to move to a neighbor EU ...
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-2 votes
1 answer
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GDPR Compliance for Application That Guesses Email Addresses

I live in the U.S. and am developing a browser extension that grabs a person's first name, last name, and company name from their LinkedIn profile and then attempts to guess their email address based ...
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6 votes
1 answer
562 views

Cookie Law: do anonymized analytics require cookie consent?

In recent years a lot of privacy-aware analytics solutions have started popping up. These generally work using a very similar principle (see e.g. Fathom's algorithm): Create a fingerprint of the user ...
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0 votes
4 answers
154 views

Do I need a passport or ID card to have the right to work in the EU?

I am due to start a job in the EU this August. Fortunately, I have recently acquired citizenship in an EU country, and so (I would think) have the right to work in the EU. Unfortunately, I do not yet ...
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1 vote
1 answer
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Does the regulation on the EC 261 flight compensation set any deadline for airlines to pay the compensation?

The EC 261 flight compensation regulation establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. I ...
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3 votes
1 answer
92 views

How it is proven that an e-mail or text message (SMS) was not forged by the recipient?

Here, it was said that a text message is legally binding. But I am interesting in that what would happen when the sender says that the message was not sent by them. It is not a challenging problem to ...
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1 answer
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How does Facebook justify non-compliance with GDPR subject access requests?

At first when Max Schrems started doing it they complied in good faith completely. Now they don't. Do they have some legal theory or workaround as to why they were required to back then but no longer ...
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2 votes
1 answer
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GDPR - asking for consent indefinitely if respondent says no, until respondent say yes by exhaustion. Confirming choices allegedly forcing behaviour?

Under EU regulation, GDPR concerns dealing of personal data and describes the different parties that are responsible for handling those data. While navigating on the internet, a pop-up is prompted ...
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4 votes
1 answer
143 views

Can company's code of conduct influence what employees are doing outside of working hours if it doesn't create a conflict of interest?

In many companies nowadays we can find the following paragraph in their code of conduct: Employees must, however, avoid acquiring any business interest or participating in any other activity outside ...
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78 views

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 votes
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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4 votes
0 answers
75 views

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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-3 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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2 votes
0 answers
121 views

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
2k views

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
20 views

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
107 views

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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2 votes
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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1 answer
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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
61 views

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
84 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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3 votes
1 answer
70 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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38 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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20 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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