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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3answers
55 views

Are freelancers liable when products they develop for a client suffer data-breaches?

Supposing this is a freelancer & client in the EU and that a website was reasonably secured when developed. Imagine there are no written contracts and a year after delivery this client's website ...
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0answers
23 views

What is the difference between “mandatory fair compensation” and “license” in EU copyright law?

I have been reading laws about exceptions to copyright in the EU. Article 5 of the CDSM, for example, talks about licenses and about fair compensation to right holders. What is the difference between ...
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1answer
36 views

EU potential employer asking for Police Clearance Certificate because of my nationality

I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland. The company stated that as I'm not Danish, nor Polish, I should go through an ...
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21 views

Legal framework for french resident to work remotely for a UK company [closed]

What are the possible framework in which a UK based company can hire an EU worker (residing in France) ? With the brexit, I read several contradicting things online. I'm interested in legal framework ...
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1answer
47 views

How to determine what frequency of GDPR SAR is not excessive?

Repeat Subject Access Requests are limited in frequency by the Manifestly unfounded and excessive requests rules. The critical bit seems to be "A request may be excessive if it: repeats the ...
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2answers
35 views

If I have a EU research visa from one country can I start research activities in a different one?

I am Russian citizen who was working at a French University with a valid French permit of stay. I started working at a Portuguese University before my French permit of stay expired. After two month of ...
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3answers
9k views

In Europe, can I refuse to use Gsuite / Office365 at work?

See above. In a country where GDPR applies (Italy in my case), do I have the right to refuse giving consent to Google and Microsoft to store my personal data, if this account is for work use? Or, in ...
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1answer
50 views

Is it possible to embed a PayPal donation button and still be GDPR compliant? [closed]

I've read that PayPal embeds a pixel in its button which tracks every user that visits the website. Is that true? More generally, is it possible to embed a PayPal donation button and still be GDPR ...
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3answers
135 views

Avoiding a speeding ticket by refusing to tell who the driver was?

This hypothetical question is based on a real incident I saw in the news. Suppose that a car is driving over the speed limit by a significant amount, causing a police car to turn around and go after ...
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2answers
184 views

If someone shoots you, whose property is the bullet?

This may sound crazy but it is inspired by What if a spacecraft lands on my property? The answer there seems to be that you don't acquire another's property just by it appearing in your domain. The ...
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2answers
96 views

According to GDPR, does privacy decision made on website legally affect mobile app settings also?

We're implementing the EU's GDPR regulations on a certain project and I'm wondering about the following: Company A develops an App, which also has a website version available to customers. The website ...
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2answers
99 views

Is it legal if I collect and sell public data from Twitter?

Let's assume that, technically i am able to collect the public information from Twitter (including user's profile and their tweets) from Twitter. I am wondering, is it legal to sell this data? How ...
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3answers
97 views

Do I have the right to let Twitter deactivate/hide a public account I had, but no longer use?

So a number of years ago, I created a Twitter account which I forgot the password and email to. More than 3 years ago, almost 4. I did not post anything, almost nothing. Just liked a couple of posts. ...
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2answers
85 views

(EU) Can a license agreement demand a specific compensation for unlicensed use of the software?

Scenario: As a software developer I create a WordPress extension that does x which I sell for, let's say, $20. When buying it's clearly mentioned you are only allowed to install it on a single website....
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5answers
8k views

Is it illegal to market a product as if it would protect against something, while never making explicit claims?

I've recently come across an advertisement online of a product that stated "Most people have heard of the horror of [bad thing] or even [worse thing]. Protect yourself with [our product] today!&...
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1answer
97 views

Is there any country where contract overrides law? [closed]

Why is contract not above law? Is there any country in the world where contract overrides law? If not, why not? What if both parties intend to sign and follow a contract that is against the law? My ...
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1answer
40 views

EU refunds law for purchases made before comming to the European Union

If someone makes a purchase outside EU and then migrates to the EU will the EU 2 year legal gaurantee apply to that purchased big or small thing for?What if the person travels to EU?
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1answer
54 views

Compliance of .eu domain names post-Brexit

I am a sole-trader who operates purely in the UK, and I also have a corresponding (dormant) Limited company on 'Companies House'. I have both .com and .co.uk suffixes. I also have .eu suffix, and ...
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1answer
72 views

How long can my university ask for Erasmus+ money back?

I just got an email from my university claiming that they paid too much Erasmus+ money for my study-abroad period and asking me to pay back the amount within the next two weeks. Since I received my ...
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1answer
73 views

Do I need to track when a user declines to consent to analytics to meet GDPR?

Suppose a user visits a website. They are informed that the site is using cookies and analytics, and the user can either allow cookies or decline. If the user declines (and therefore is not tracked), ...
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3answers
141 views

Must Terms of Service be written by a lawyer?

I'm a programmer making a messaging service. And although I can get the software parts sorted out easily, I'm not really sure about the legal bits. In particular, I'm not sure whether my Terms of ...
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3answers
2k views

Is hyperlinking legal in Europe?

This is why I am asking such a strange question: Europe has a law called GDPR which imposes responsibility of processing on the person who decides the means of processing of personal data. Now, if ...
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1answer
129 views

Can someone who gave me a gift (pro camera) demand I give it back?

My ex bought me a pro camera a few years ago (when we were a couple). It cost around 1000 euros at that time. He said that for it I need to make 14 days of photoshooting for him. Since we spent a lot ...
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1answer
114 views

The EU Refunds law and wether cost of download is refundable?

Under the EU refunds law : consumers have the right to get refund if the the product is faulty.Thus if someone distributes a faulty app which is free can the developer be asked for the cost of ...
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1answer
50 views

GDPR outside the web: no need to provide a privacy policy?

Consider a freelancer like a web developer, or a consultant, or a lawyer, etc. Their jobs involve, one way or another, handling some personal data: contents of databases, authentication data, private ...
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1answer
86 views

What to expect when getting sued from abroad for libel?

I, a citizen and resident of the EU, wrote a biography of a British citizen who resides in England, and I published it on a popular online encyclopedia hosted in the United States. The subject of the ...
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2answers
52 views

Is it legal to publish a third-party server software that allows people to host their own dedicated server for a game?

One of our favorite online games recently got all its servers shut down so that it isn't playable anymore. As a few friends and I are quite experienced at programming and reverse engineering, we have ...
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1answer
57 views

Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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2answers
77 views

Is a driving license issued by a European country valid as ID in Italy?

I'm an Italian citizen resident in Hungary, both are part of EU. I'm trying to understand if a driving license issued by Hungary would be accepted as a valid ID in Italy. I searched online and I found ...
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35 views

Very simple static website with Google Analytics. How to make it GDPR compliant?

There is a very simple static website for a commerce. That website only shows information. It has Google Analytics to count visits with the default GA script placed in : <head> <script>...
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2answers
119 views

EU refunds law for Play Store

According to EU refund law, if a person releases an app on the Google Play Store, does the person need to even give the payment he received back? Can one specify no refunds by putting it after the app ...
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1answer
53 views

Does EU geoblocking apply to businesses outside EU?

This : https://support.stripe.com/questions/eu-geo-blocking-regulation-changes states that EU has passed a law preventing geoblocking .Does this apply to businesses outside EU. It is favourable to ...
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1answer
64 views

How can I implement GDPR in a simple program?

I would like to get some analytics from a simple program that I wrote to manage a game server. The data I want are (collected every 15 min): operative system (windows/linux 32/64bit) machine id (...
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1answer
101 views

As of 2020, have any GDPR-related court judgements been successfully enforced on companies without presence in the EU?

The GDPR has been in effect for 2 years now and theoretically applies to any company on the planet which deals with personal data belonging to EU residents. But practically speaking, enforcing this ...
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1answer
34 views

Does a new Blue Card in the same country resets 18 month period?

I have a question, for which I can't find an answer in the Internet. Right now I live and work in Germany, and I'm a holder of Blau Card for 14 month now. In the next month I will get a new travel ...
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1answer
56 views

Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?

I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of ...
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2answers
48 views

Can a company's terms of service prevent consumers of using their right of withdrawal (europe)

There is a company (from england) that provides services online that has the following in their terms of service: Subscriber agrees that its assent, given electronically, will have the same legal ...
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1answer
44 views

Do I need GDPR contracts/agreements?

We use a service (Meetup.com) to post our events publicly. We do not store/collect/process any information about any attendants except for the number of sandwiches to order. Everything is kept in ...
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1answer
267 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/...
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2answers
187 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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1answer
51 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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26 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
42 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
94 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
43 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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2answers
166 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
71 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
101 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
52 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
90 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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