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.
1
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2answers
8 views
Controller processor roles for a SAAS for schools
Assume the following situation:
There is a cloud-software (SAAS) which is used by a school for basically three things:
The administrative users of the school manage the school's base-data with it, ...
4
votes
2answers
79 views
“no logs” website in eu - is it illegal?
As title says, am I obligated as EU citizen / owner of website hosted in EU to log some data about users which would then make them identifiable? What if I do not collect any data about users of my ...
0
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2answers
60 views
Do I need permission to publish a FOI response in a blog post or open letter?
I recently submitted a FOI request to my local council, and had a response.
Part of the response stated the following:
You are free to use this information for your own use, including for non-...
1
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0answers
34 views
What rights am I going to Loose from my EU patent if it is registered by a consortium
Longer story short, recently I (and a couple of friends) won a technological contest in Portugal. To enter and win it, we had to submit a technical drawing and explanation of a possible invention/...
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0answers
25 views
The definition of entrepreneurial activity, entrepreneurship in legislation? [on hold]
I know that there many definitions of entreprenuership or entrepreneur in articles, book. Is there a definition of entrepreneurial activity, entrepreneurship in the legislation of the countries (USA, ...
2
votes
1answer
45 views
Can liability for data disclosure be waived by T&Cs under GDPR?
I live in Ireland, an EU county subject to the GDPR.
I see in a service T&Cs the line:
"Despite our use of commercially reasonable efforts to protect your
Personal Information from ...
0
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2answers
77 views
Is a text to audio conversion copyright infringement [closed]
If there is a web-based application which allows anyone to upload any content that he or she wishes, and convert it into audio easily. The content can be, for example, a PDF document or an article ...
1
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2answers
46 views
Small Claims Court UK - Small German Company owed less than E5000 EUR by UK company
Can the German company make a claim through the British Small Claims Court or do have to use the EU Small Claims Court system?
0
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2answers
60 views
Is a public IP address classified as “personal data” for a third party under EU law?
Situation: an individual in the EU has a web site available on Internet (= if you are on Internet, you can connect to that web site). The IP addresses of the connections to this web site are stored in ...
0
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1answer
116 views
What is the best way to proceed with a legal action against US company from abroad?
Some time ago I have signed a contract with Premiere, US company which is looking for young talents while they were on their trip to Europe. Part of the sum I payed with a credit card and another part ...
2
votes
2answers
54 views
Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?
Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?
For example, on Stack Exchange, do the questions, answers, comments, messages and ...
8
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1answer
40 views
What measures can the EU take if there are irregularities in EU parliament elections in a member state?
There are reports of EU citizens denied their voting rights in the UK during the 2019 European Parliament election in the UK.
I assume there are ways to report them in the UK.
But what can the EU do ...
1
vote
1answer
90 views
Is it legal to read leaked classified documents (Wikileaks, ..)?
Is it legal for a random citizen to read classified documents that were publicly published by actors such as Wikileaks ?
Or should a citizen, once he knows that the document is classified, legally ...
0
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0answers
20 views
Do the Courts of European Union publish the full transcripts of proceedings?
I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
-4
votes
3answers
67 views
Are the irritating web site warnings about cookies an intentional consequence of European legislation?
It seems that in the last couple of years, it has become standard for web sites to have irritating pop-over notifications that their web site uses cookies “to enhance your user experience” or ...
4
votes
2answers
70 views
What protections does Europe provide for US patents (that China doesn't)?
According to a NYtimes article yesterday
Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered.
I am trying to understand the context ...
1
vote
1answer
37 views
Can I sign multiple job contracts with different German companies?
I'm from a non-EU country, I have received some Job contracts from Germany.
Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
3
votes
1answer
59 views
How to make data brokers delete my information without providing more information? Can I take legal action?
I've been reading this terrifying list of data brokers after finding my information in a Google search result. I want to reach out to the "high-priority" data brokers and get them to remove me from ...
2
votes
1answer
44 views
What is “a place where Member State law applies by virtue of public international law”?
Art. 3 (3) GDPR mentions that:
This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of ...
3
votes
1answer
78 views
UK: Returning damaged items without option for free replacement?
I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain.
The ...
2
votes
1answer
22 views
Which EU document or treaty article removed the internal customs in 1993?
From a EU customs union history:
1992
EU adopts the Community Customs Code. It assembles for the very first time in a code the provisions of customs legislation that were previously contained ...
6
votes
1answer
52 views
From what legal tradition do the long “whereas” motivation clauses of the EU legislation come?
Practically all EU non-treaty legislation and regulations have pretty long "whereas" clauses, often pages long, introducing the context and often the motivation of the legislation/regulations.
From ...
1
vote
1answer
45 views
Mobile app broke after an update. Am I entitled to a downgrade / refund?
The immediate problem I have encountered is described here, but I'm interested in the general concepts which apply in situations like this. What happens if a paid app stops working after an update? ...
5
votes
2answers
164 views
Why would a lawyer accept a case that involved only $1.50 USD?
The European Union: Politics and Policies (2017 6 edn). pp 159 Bottom - 160 Top.
To wit, how did Costa find a lawyer for such a picayune quantum? I'm cynical and reckon that only a few are open-...
0
votes
1answer
63 views
Does GDPR require consent for a processor to confirm or deny the existence of data?
Assume we have two separate lists of emails handled by two different processors. List A is gathered by company A in a way that the subject has given their consent for its processing for marketing ...
2
votes
4answers
187 views
Writing an easy-to-change will
Let’s take the following example: Alice is a web developer and she is in her 20s. She owns a business and some properties, bank accounts, Cryptocurrency wallets etc.
She wants to write her will so, ...
2
votes
0answers
37 views
What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?
The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable.
The EPO exists independently from the EU as an ...
3
votes
1answer
108 views
'Right to be forgotten' denied due to insufficient identification
I registered for a free online service with fake data while being underage.
Years later I request to have the account deleted, using the e-mail address I registered with. However, to identify me as ...
2
votes
0answers
30 views
Heathrow public wi-fi and Data Retention Regulations
My friend visited Heathrow airport and he used their public wifi. He said that he had to provide only his name and email and got access to the Internet. He had not validated his email to get access, I ...
2
votes
1answer
41 views
Is permission needed to put an extract from a book in thesis as a quotation?
I want to use a couple of lines from "What is life?" by Erwin Schrödinger as a quote on the front of my thesis. Would I need permission from the publisher or would that be covered by fair use? Also, ...
2
votes
0answers
51 views
Removing my personal data ex-employer (RGPD/GPDR ?)
I work and live in France. I worked for a company last year but I quit working there months ago. Since I left, they still have not have removed some data accessible on the internet, like my first name/...
3
votes
1answer
3k views
Salesman text me from his personal phone
I recently went to a garage to ask about different cars and offers, the salesman took some details; phone and email, when leaving I said to him I would be in touch if I wanted to proceed. He called me ...
1
vote
1answer
40 views
Do you have to provide the name and email address of your data protection officer?
Looking at Steam's privacy policy, they don't provide an email address to reach the DPO nor do they name them:
You can contact Valve's data protection officer at the address below.
While we ...
1
vote
2answers
92 views
Who is infringing copyright when hotlinking is involved?
When a page at "Pirate Site" embeds images from "Example Site" by hotlinking, we have the following situation:
Pirate Site isn't actually copying, storing, or manipulating anything. The pages only ...
4
votes
1answer
91 views
Article 13 - Block countries within EU
This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion.
With the passing of article 13 in the EU, if a site chooses to ...
2
votes
2answers
115 views
When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?
So I've been reading through the new copyright directive proposal and saw the pastiche exemption.
So take this hypothetical:
I forgot how anime.js worked to animate something.
I find a piece of ...
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0answers
21 views
EU Cookie Law: Consent required in addition to accepted privacy policy
According to iubenda [1], a cookie consent is required in mobile apps too, though I did not see many apps following this advice yet. The realization of such a cookie consent on web sites is typically ...
1
vote
1answer
84 views
Is age defined in the European Union?
I feel https://travel.stackexchange.com/q/134011/4188 should have been asked here so I am doing it.
To travel with a discounted Youth Pass, you must be aged from 12 up to and including 27 on the ...
0
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0answers
20 views
Strong Customer Authentication (SCA) and taking payments without customer present
On September 14, 2019, a new regulation for authentication will be introduced in Europe. Known as Strong Customer Authentication (SCA), this regulation will apply to online payments within the ...
33
votes
5answers
8k views
What is the purpose of a disclaimer like “this is not legal advice”?
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I ...
0
votes
1answer
38 views
How does copyrighted material distribution and diffusion work on a legal level?
I work in technology, building platforms for companies, which comprise the creation of the technological product and production of the applications.
I only want to work on businesses that I believe ...
0
votes
4answers
92 views
False advertising to consumers
My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that ...
0
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0answers
31 views
How does GDPR apply for normal email communication?
I am a member in an association and in charge of membership management and general IT. We exchange information about the work of the association by email using private mailing lists the association ...
3
votes
1answer
47 views
What is the EU definition of a small part for children under 3?
I am searching for test on small parts for children under 3 years. I found the definition for the US (see below) but not for the EU. Page 87 of the Explanatory Guidance Document to Toy Safety ...
0
votes
1answer
21 views
Buying motor-vehicle from another country
I'm looking to buy a motorcycle from another country in the EU and bring it back. The motorcycle will be purchased as second hand. For this, there is normally a purchase declaration (a small contract ...
3
votes
1answer
42 views
Is CE marking necessary for product used by myself?
I have made a device to take and print pictures during parties and social meetings, as part of my job (party organizer).
If I sell this device, it would fall under "Low Voltage Electronic Device" ...
0
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0answers
35 views
Is in-browser crypto mining legal?
Can I get sued when using an opt-in (prompt the user to accept before starting the miner) crypto miner like coinhive or mineralt on my website in the US/EU?
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1answer
50 views
Rubik's cube image rights EU court decision [closed]
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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votes
2answers
59 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
votes
1answer
56 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: ...
