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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2answers
36 views

Can you request a potential additional payment at own discretion?

Let's say you sell a service/activity to a customer for €150. Can you state something like this in your contact? An initial €150 payment must be payed upfront. An additional charge of €850 may apply ...
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1answer
30 views

How does one remain Tax resident in Germany if one works abroad for a year or more?

How do I maintain my Tax residency in Germany while working outside of the country of Germany for more than 183 days per year? These days may or may not be consecutive depending on the work contract, ...
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1answer
70 views

Can you refuse to pay back deposit at your own discretion?

Let's say a business provides some service/activity to a customer and charges them a $100 deposit on top of the service costs. This deposit is to cover damages or other actions that negatively affect ...
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1answer
49 views

Is it required to have someone on premises?

Let's say I have a premises that one can enter to do fun activities, costing €5 to enter. I was thinking that you could use a turnstile and an automated payment system to allow guests to enter the ...
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2answers
66 views

Is it legal to process PII in EU of customers which are not in EU?

So I have an app that processes the PII of users and their interests, the app is south Asia based. The app doesn't support EU customers and is geo-blocked by default. I would like to process and store ...
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5answers
4k views

Is there a time after which I can leave when I can't get in the office?

Today my boss was 20 minutes late to work and he has the only key to the office. I can only go in and out after the door has been unlocked so I had to wait outside the office. While I was waiting for ...
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1answer
64 views

What rights does one have to license their autobiography?

If any such right is based on a copy right theory, obviously, that would require first the writing of an autobiography. Is there a right that you may reserve relating to your story?
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1answer
61 views

How long can a company take to answer my GDPR request to download my data?

In March this year I started the process to download my personal data on a website. I received a mail a month later informing me that my request will be delayed and can take up to 90 days to be ...
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0answers
42 views

EU trademark registered in bad faith

Company A has been using an unregistered trademark for 15+ years in the EU. Newly established company B registers the trademark in EU, and sends a cease and desist to company A. My understanding is ...
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1answer
132 views

Can European Union countries make vaccination against COVID-19 compulsory?

Malta bans unvaccinated travellers France makes COVID-19 vaccine mandatory for health workers Macron considers "vaccination compulsory for the entire population" These are two countries ...
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0answers
18 views

General Data Protection Regulation- Responsibility & consequences

Currently I am working for a company/foundation that technically doesn't exist yet, but I have to get a few thing in order and I was wondering about the legal ramifications of a few aspects. To ...
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1answer
75 views

Is hydroquinone illegal in the EU?

I read somewhere that the skin lightening agent hydroquinone was banned by the EU at the start of the millenia however my doctor in Ireland told me that one can get a prescription for it at 4% ...
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1answer
89 views

Is the Vilnius-Lublin portal a violation of GDPR?

Don’t get me wrong, I love it! But is it GDPR compliant given that people walk up to a camera that will broadcast their image outside of their country? See also this news story and this one
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1answer
85 views

To whom does copyright of an item belong, if a computer program is used to create it, according to the Deutsches Urheberrecht?

Section 69b of the German Copyright Law "Deutsches Urheberrecht" states that: Where a computer program is created by an employee in the execution of his duties or following the instructions ...
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1answer
63 views

You use 1000 3D models in an animated movie, accidentally only one was not yours, then what?

So you record an animated movie in some software and spend hours and years working on it, but shoes on one of the characters were not your copyright and IP. What can the original owner now do? Can he ...
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1answer
69 views

Is it legal to exclude customers from your surveys knowing that they might be displeased with your service?

Imagine the following scenario: the company is a service provider. Its service quality is going down lately. They send survey links to their customers a couple of days after the service is completed. ...
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1answer
73 views

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office?

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office? Is there any official channel through which the U.S. government can challenge, reverse or ...
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1answer
62 views

Could Hungary be ousted from the EU by member states leaving by Article 50?

Could the rest of the EU simply create a new entity and leave to resolve the autocratic problem Hungary creates and letting it be the “EU” with Poland? Could they pre-sign agreements so they come into ...
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2answers
110 views

Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?

The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) ...
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0answers
104 views

Is it allowed for a French company to only accept French passports for registration for a service

La Poste has an online identification system called "l'identité numérique" for which registration requires a French passport or "Titre de séjour français" see this. As a non-French ...
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3answers
185 views

Is there a complexity requirement for a handwritten signature?

Handwritten signatures are still used to authenticate a document, even though the more serious operations are done in front of a notary (at least in France). This shows that a trusted third party is ...
2
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1answer
224 views

Do new VAT rules apply to gifts from non-EU countries?

I'm a Russian citizen and I'm going to send a gift to my friend from EU (Poland). I heard that after 1st July countries of EU get new rules of VAT, and they also mean, that now you must pay VAT, even ...
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1answer
65 views

Impact of GDPR on remote work outside of the EU (as LLC)?

I do remote work for clients in the EU. The legal foundation is a B2B contract between two EU legal entities, one of which is the client's limited company, the other my limited company. Since both ...
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1answer
93 views

Identifying attackers and GDPR. In which cases is it legal?

Various techniques can be used to identify stalkers, malicious hackers et al. that are either gathering data for their target or use the target's digital items without consent. Canary files They are '...
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1answer
94 views

Is it illegal to claim a patent when you don't have one in the EU?

This company is claiming they are using "patented technology" https://marx-shoes.com/pages/technologie sourced from a company call "powerinsole". The only patent associated with ...
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1answer
67 views

Why don't licensing requirements, for retailers of fireworks, restrict the EU Freedom to Provide Services?

Here are the facts of a hypothetical case. A is an Austrian wholesaler that imports and distributes party fireworks to retailers. A set up stalls in several Christmas markets in Ireland where A sells ...
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0answers
45 views

Under the EU Free Movement of Goods, what does “authorization” mean?

Here are the facts of a hypothetical case. A, an Austrian toymaker, manufactures the M2019, a realistic imitation of a Wild West rifle. But M2019 can't fire any bullets or pellets. A signs a ...
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0answers
58 views

Can a labor strike, and closure of supermarkets, restrict the EU Freedom to Provide Services?

Here are the facts of a hypothetical case. Company is a family company producing cheese in Italy. Since its gorgonzola cheese is quite successful in the domestic market, it decides to start exporting ...
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0answers
75 views

EU citizenship. Can she be deported?

Based on EU Law only: A Spanish national, moves to France with his family: his wife, an Italian national, and their children. The husband works for a multi-national corporation and is very well paid. ...
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1answer
96 views

Would she be entitled to welfare benefits?

Say an Irish national resides in another country (Denmark) and looks for work and cannot find work in her profession. But instead, she finds a part-time job that is poorly paid and she is only working ...
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1answer
28 views

EU privacy and data protection law for small WhatsApp group

We have created a small WhatsApp group to feed poor people and street children who are Covid affected in India. We are people from the EU, US, Australia and even from India. Members want transparency ...
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1answer
75 views

Reusing copyrighted content (science/EU)

This question is similar to Can taking notes violate copyright? Is taking notes copyright infringement? However, I seek an answer in the context of the laws of the European Union (not, necessarily, ...
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5answers
8k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
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1answer
37 views

What are the limits of service provision/PII consent for compliance with GDPR?

Most of the internet business model can be described as providing data in exchange for seeing adverts. These adverts are worth a lot more if they can be targeted. The GDPR applies to this, such that ...
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1answer
52 views

What is defined as low or minimal risk artificial intelligence, and which obligations does it have in the EU Proposal for AI Regulation?

The 2021-04-21 Proposal for a Regulation on a European approach for Artificial Intelligence (Proposal for a Regulation on a European approach for Artificial Intelligence.pdf) mentions: The regulation ...
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1answer
80 views

Can a company claim they acted in good faith in this situation?

Let's assume that Hacker Corp. offers a penetration testing service to other businesses, and ACME Corp. contacts Hacker Corp. to conduct a penetration test for some internal testing. Hacker Corp. ...
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1answer
57 views

Does the Data Protection Act 2018 in UK require users of a website to explicitly

Now that Brexit has happened, GDPR no longer takes effect in UK. However, the Data Protection Act 2018 will continue to apply. With GDPR's Article 6, a website is required to request explicit consent ...
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2answers
84 views

Creative commons attribution and GDPR

When using content released under an open licence such as creative commons, it might be required to provide attribution to the author. For instance, if I were to use this image from Wikimedia Commons ...
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1answer
50 views

How far up the chain of internet provision does my GDPR responsibility go?

Say I host a web page on my computer, and you visit that site from somewhere in Europe. The web server on my computer will know your IP address, and I can choose to "forget" it as soon as ...
2
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1answer
86 views

Origin of goods in international waters

In the Europe Union, it is mandatory for a seller to indicate where the food is coming from. If fish were caught in international waters, should we consider its origin as the closest country or the ...
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2answers
96 views

Can I get in legal trouble for open sourcing an unofficial wrapper for an API? (EU Law) [closed]

A while ago, I programmed a very simple API-Wrapper for a search engine and made it Open Source (Licensed under MIT). All it basically does, is using the very same REST-API the actual website uses as ...
0
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1answer
61 views

Using copyrighted content as a profile image in the European Union

In online communities such as the StackExchange network, many people use images of their favorite movie or comic characters as profile images/avatars. In the US, this is apparently legal due to the &...
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1answer
116 views

Is it legal in Austria for somebody to send threats of legal action in court if money is not paid and not follow through?

I have received a cease and desist letter from a lawyer in Austria demanding I remove a number of facebook posts that asks critical questions about the (non) functioning of their product. After this ...
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1answer
73 views

Are anti-employee-poaching clauses in contracts enforceable?

Many companies have so-called "anti-poaching" clauses in job contracts to prevent employees that leave from referring their old colleagues. I heard some large tech companies have got in ...
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1answer
45 views

How does GDPR affect GMail GeoDNS?

My employer (in the EU, where GDPR applies) uses Google GSuite, and as a result I have a work webmail that I can check at the host mail.google.com. From what I understand, Google uses GeoDNS, i.e., ...
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0answers
27 views

Are there any European Commission decisions on the duration of the non-compete clause?

Do you know any examples of European Commission decisions on the duration of the non-compete clause/obligations in corporate law? I mean contracts when this non-compete clause was too long according ...
1
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1answer
45 views

Can I use an Employee's Personal ID in an company internal project? (EU Data protection Law)

I want to create an Order-Website for our company, where employees can order dishes from the canteen, so they know roughly how much food to order. Now the question came up, if you order some dish, but ...
2
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3answers
124 views

Do governments need to compensate business owners if they temporarily force a business closure?

If the government (let's say in the US or EU) prohibit businesses engaging in an otherwise legally compliant enterprise, do it need to compensate the business owners for that? Assuming that's for ...
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1answer
28 views

“Concessions” meaning in this context

For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, a distressed restructuring should be considered to have occurred when concessions ...
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0answers
60 views

Is the creation and usage of a full-text index (for full-text search in a document) a copyright infringement (EU)?

My research points towards "no". From here: Full Text Indexes Are Data About Books, and That’s Fair Use From here: full-text indexing is allowed as fair use under US copyright law. ...

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