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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34
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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
54 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 ...
5
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1answer
132 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 ...
1
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1answer
32 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 ...
1
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0answers
26 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 ...
-2
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2answers
100 views

Is it illegal to deliberately cause someone stress?

It is not legal in most countries to disrupt someone's success, but mental stress does cause disruption. Thus the question, is this illegal? and in which forms?
0
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3answers
117 views

Can Banks legally use Encrypted Ledgers like in Private coins?

Seeing so much news about blockchains and banks I have a question that I may need your help. Taking in consideration the Bank Secrecy Act, can a Bank use a completely Encrypted Ledger? KYC is still ...
0
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2answers
61 views

If a website receive an attack by an Hacker, who is evanutally liable for the data breach?

I'm trying to create a very general example, i know there are surely hundreds of variables that must be analyzed but even just some general considerations from who had some experience can be useful ...
23
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7answers
8k views

Is there an EU regulation mandating companies' IT equipment to be changed every three months?

I had visited with my university a Greek IT company that specializes in refurbishing used computers and peripherals. The executive that toured us had mentioned that there is an EU regulation that ...
1
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1answer
32 views

Does the European Union allow to store medical (sensitive) data in cloud platforms such as Amazon Web Services or Google Cloud?

Does the EU allow to store patients medical data in cloud databases from providers such as Amazon Web Services or Google Cloud? What are the legal requirements? Can you point at some legal source ...
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0answers
18 views

Is there a comprehensive web source for a list of european union protections against aggresive contracts?

Some time ago I found interesting information on the web about additional legal protections that customers from the European Union automatically have when signing up to various services (even services ...
1
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1answer
56 views

Price fixing concern (UK competition law)

I run a sporting events website where freelance photographers that have been to the events are free to upload their shots for sale, and I take a commission of anything they sell. Every photographer ...
3
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1answer
42 views

Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
0
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0answers
56 views

Should I actively try to tell If I am being ticketed?

I lived in Finland for two months. During these two months, I have submitted a form, where I told finnish postal service that my Finnish address is the one where they should deliver my mail. A week ...
2
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1answer
144 views

Does Air France Cancellation policy violate EU 261/2004

Related to https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261 but this question is explicitly about legality as compared to "how to approach ...
0
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1answer
83 views

Color-blind handicap discrimination and EU law?

Every year in the USA, nearly 700,000 car accidents are reported by police as stop sign violations, accounting for 2/3rds of crashes. Stop signs are mostly red and for the 4.5% of people that are ...
0
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0answers
63 views

Facebook vs GDPR - Is Facebook never deleting the Searches you do?

I frequently delete the Search History from my account's Activity Log. However, every time I start typing in Search, Facebook seems to remember perfectly searches I've done in the past. Suggestions ...
8
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2answers
2k views

Can an EU country close its border (rather than introduce temporary border control)?

Title III chapter II of the Schengen border control code describes the possibility of reintroducing temporary border controls, but I can't find what basis there is to remove the right to free movement ...
0
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3answers
240 views

What can we do with people still travel under corona pandemic?

What can we do with those people who still decided to travel (for skiing, example) and causing huge problems after they return, even though they know the fact that corona virus (or anything new in the ...
1
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1answer
53 views

Legal and Tech Experience

I am a Software Engineer with some experience(7 years). In the recent years, I keep hearing and reading in various articles that people with extensive legal AND tech experience are very valuable and ...
0
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0answers
16 views

Looking for recommendation for legislations in the tech sector

I am new to the law field. Currently I am a Software Engineer, who is interested in new legislation in the tech sector. I am primary interested in topics concerning the EU and US, as this are the ...
0
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1answer
117 views

What article implies that foreign non-EU citizens have to pay VAT for goods and services purchased online?

I'm a Russian citizen. I've noticed that literally all online EU shops and service providers (e.g. web hosting) add VAT to the price. I've spent some time looking for an article that implicitly states ...
0
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0answers
25 views

What's “sleight of hand” about the argument that excluding direct effect makes incompatible Directives' binding effects?

Why's argument 1 "sleight of hand"? Van Duyn involves how the UK "had not ‘implemented’ the directive into national law." So how's "international law" relevant? Schütze. European Union Law 2 ed. ...
0
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0answers
11 views

How does the textual argument that directives bind Member States addressed, support horizontal direct effect?

The author's trying to rebut the court's denial of horizontal effect for directives, but I don't grasp his boldened rhetorical question. The answer's yes. But so what? Schütze. European Union Law 2 ...
1
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1answer
79 views

Lack of action taken by landlord against a noisy neighbor

(First time posting on this SE, I hope it's not off-topic.) I have a friend who lives in the Netherlands, let's call her Allison. Both her and her neighbor (let's call him Bob) live in an apartment ...
-1
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1answer
35 views

CanI use the figures in research papers or books for YouTube videos under fair use?

I am in Europe. Can I use the images of research papers or books to make an educational YouTube video under fair use? The videos will be monetized and I might have sponsors or receive money by Patreon....
0
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1answer
48 views

Does my own company also need to be EU-US Privacy Shield certified if we use AWS to store data of European customers?

We're based in United States. We understand that any sub-processor that we use should be EU-US Privacy Shield certified and GDPR compliant. So, we can use AWS and Google Cloud. Both of them are EU-US ...
1
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2answers
93 views

GDPR: What is the legal situation on documenting cases of “Right to be forgotten” claims?

I wasnt able to find an explanation inside the GDPR whether a data privacy officer (or similar responsible) is allowed or required to document cases where individuals claimed the right to be forgotten....
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0answers
41 views

Corporate responsibility when allowing biometric authentication

At our company, we are discussing allowing (but not forcing) the use of facial recognition to authenticate on employee laptops (Windows Hello). The laptops are owned by the company, but are for ...
2
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1answer
49 views

Pokémon Home and EU distance selling regulations

I accidentally signed up for Pokémon Home, a subscription service allowing Pokémon to be stored in the cloud, using an incorrect Nintendo account. This essentially renders the service useless to me at ...
0
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1answer
74 views

Threat to remove company from a crowdsourced website [closed]

I belong to a service very similar to Glassdoor (much more smaller) for a niche in Europe. In this case Portugal. So, the people can: Review companies Review interviews Add new companies After two ...
0
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1answer
100 views

When does a fan game fall under parody?

Apparently there was a case in 2013 where the fan game My Little Pony: Fighting is Magic got taken down by Hasbro. This makes me wonder, why did it not fall under fair use in terms of Parody? This ...
0
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1answer
83 views

Is copying an infringing derivative an infringement against the original work's author when copying the original would generally be legal?

Suppose someone creates an unauthorized music video to accompany a popular song, thus making an infringing derivative (assuming fair dealing or other exceptions don't apply in this case). This ...
1
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1answer
123 views

Why is a business allowed to refuse a customer?

The Dutch constitution says that everyone shall be treated the same when the circumstances are the same (my translation; original: gelijke behandeling in gelijke gevallen). In addition to that, there ...
1
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2answers
106 views

If I want to work in UK, do I need a Visa?

Now that Brexit happened, if someone from the EU wants to work in UK, do they need a Visa, Permit, or anything similar?
53
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4answers
19k views

Does GDPR include UK customers, or not anymore?

Now that Brexit happened, does GDPR include UK customers, or not anymore?
0
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1answer
161 views

Is UK still in the EEA?

Now that Brexit happened, is UK still in the EEA?
0
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1answer
49 views

Can I travel for holidays to UK with my National ID card (which has never been a problem), or now I need a passport? Even before 2021?

Now that Brexit happened, can someone from the EU travel for holidays to UK with their National ID card (which has never been a problem), or now they need a passport? Even before 2021?
2
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1answer
110 views

Blizzard's EULA for map editor claims that all content created in it is their sole property

Recently release Warcraft III Reforged's EULA includes this passage: Ownership Custom Games are and shall remain the sole and exclusive property of Blizzard. Without limiting the foregoing, you ...
1
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2answers
98 views

Can I return shoes that hurt one of my feet in Germany?

I just bought a reebook shoes and I wore it today but after walking about 30 minutes my left foot top side(bridge) is hurting me so much that I can not resist. I wrote an email to the seller but they ...
3
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2answers
179 views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
1
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1answer
85 views

Does a process exist to legally drive a homemade car?

Let's say that I have a very old car, install scrapped, recicled, off-the-shelf and/or handcrafted components, and effectively create a brand new car, completely different fron the original one, both ...
0
votes
1answer
54 views

Cookie opt-in required on paid-for web-based software-as-a-service application?

Context: We provide a paid-for web-based software-as-a-service application. This application requires users to register an account, and agree to our terms & conditions and privacy policy to be ...
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2answers
232 views

Are skill game tournaments gambling?

We consider whether a skill-based online multiplayer game with some entry fees to a tournament and prizes for winner and sub-winners (consists of entry fees) is in US and EU law classified as a ...
8
votes
2answers
2k views

Contract issue (Austria/EU Law) backdating start date of work

I would appreciate some advice with respect to my situation. I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the ...
1
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1answer
44 views

Is offering uncapped access to certain services but not others by ISPs legal under EU net neutrality laws?

Some ISPs in Europe offer data plans that are capped at certain amount of GB per month. But in this europa.eu page one can read that: The best effort internet is about the equal treatment of data ...
24
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5answers
14k views

Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?

I have recently come across this part of an app from a well-known US company: Is this a legal way of handling some of the technical obstacles GDPR introduced? Is this a "flexible" interpretation of ...
0
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2answers
78 views

Is it illegal anywhere in Europe to modify one's own personal transport?

Let's say I have a car and I want to make some modifications myself without a professional. It can be just for fun or personal research/testing. I may just add a train horn, an auto-breaking system, a ...
0
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1answer
114 views

My wife does not eat since 4 days, and threats me by divorce. How to save our family with a baby? [closed]

We are in Germany. Both of us, and also our baby (2 months old) are the citizen of another (EU) country. Recently she became very crazy, and I don't know, what to do. She does not eat. The case is ...

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