Questions tagged [european-union]
For questions related to the European Union as a whole, or that span the jurisdictions of a plurality of Member States.
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Is it legal to lie down in a moving vehicle?
There are many modes of transport where you can be transported while lying down flat. Trains, planes or boats all offer various services to this end.
I am however yet to find a mode of transport over ...
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Travelling around Europe with prescription medication [migrated]
Suppose that someone has ADHD (attention deficit hyperactivity disorder) and is prescribed concerta (ritalin/methylphenidate) in Poland, or some other condition that is treated with a prescription ...
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Is it legal for a website to reveal the earnings of the freelancers publicly without the freelancers' consent?
My question is exactly as the title says. I welcome answers for multiple jurisdictions, but I prefer there be some for any number of states in America, answers for countries in the EU in general, or ...
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What does 'ex' mean in this context
I'm currently working with sanction lists of the EU—e.g., https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A02006R0765-20240701#tocId2.
There are tables of products which should not be ...
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Confusion about Correct Answer for TFEU Article 288 and EU Decisions
I recently encountered a question regarding Article 288 TFEU and the nature of EU decisions, and I’m confused about the correct answer.
The question is as follows:
Which of the following statements is ...
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Is "No data for that individual" personal information?
There are services that on presentation of identifying personal information (PI) provide further personal information. These include government data sources, credit reference agencies and fraud ...
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How specific does the GDPR require you to be when providing personal information to the police?
According to the ICO a lawful basis is required for sharing personal information with the police:
The UK GDPR does not prevent you sharing personal data with law enforcement authorities (known under ...
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Do laws like those used on Pavel Durov apply to tor nodes?
Pavel Durov is being held in relation to laws breached by Telegram, probably including Digital Services Act. Further details, but no explicit laws are available here. The UK has similar laws, such ...
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Need all cause of moderation be specified in ToS due to EU DSA rule?
I had the impression reading articles about Digital Service Act, that a service provider need to specify in ToS all the reasons that will lead to ban or other moderation activities (like censoring a ...
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Is there a way to make a generic statement that complies with GDPR Article 14 2. (f)
My understanding is that many companies attempt to comply with all or most of the "information that must be provided to the data subject" requirements with a single generic Privacy Notice. ...
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Are there jurisdictions where an uninvolved party can appeal a court decision?
I recently read about an outrageous court decision in my country where the prosecution only asked for a 2500€ fine for a dad for torturing his kids for years. The defendant obviously agreed to it (it'...
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Can one make prospective Subject Access Requests?
In the case an individual has an ongoing relationship with a company where data is collected and processed frequently one can make repeated Subject Access Requests (SAR) for free as long as they are ...
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Can one request all data sent by a smart meter under the GDPR?
There is a youtube video describing the data that is sent by smart meters. While it is not clear exactly how much data is transfered, it seems to be quite a bit, it changes channels every half second ...
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Can songs from BMI-affiliated authors be used in the EU under a direct license?
What follows is my own (partial and possibly mistaken) understanding of this issue. Please point out any errors on my part.
In the United States authors do not grant BMI or ASCAP exclusive rights, ...
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Does GDPR's "Legitimate Interest" allow spam?
I just received an unsolicited email from a company that wanted to sell me their services. They claim they do "Functional Service Provision (FSP)", whatever that is, tailored for biotech ...
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Is lying in an subject access request (SAR) response a crime?
Is it a crime to lie on a subject access request (SAR) response?
To construct a hypothetical situation to illustrate what I mean, suppose the reality is:
Alice the individual interacts with Bob the ...
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Can coined terms be copyrighted? [duplicate]
J. R. R. Tolkien coined a term eucatastrophe which is a hopeful and sudden turn of events - he coined it in opposition to catastrophe, which has negative connotations.
Now, we know the Tolkien Estate ...
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Is it GDPR compliant to require registration to access a privacy policy?
There is currently an issue with Windows operating systems, reputed to be related to Falcon Sensor from CrowdStrike. From the description of their tool, the question of GDPR compliance can be asked ...
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Is deciding to use google fonts the sort of decision that makes an entity a controller rather than a processor?
In ensuring GDPR compliance determining which entities are data controllers and which data processors is a critical step. The UK government says:
The UK GDPR defines a controller as:
the natural or ...
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Does the transfer occurring under Article 45, 46 or 49 affect the Right of Access under Article 15.2?
Transfer of personal data from the UK to the US can, at least in theory, occur under Articles 45, 46 and 49. These all have different requirements.
Article 15 of the GDPR the Right of access includes ...
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What does being "informed of the appropriate safeguards pursuant to Article 46" mean?
Article 15 of the GDPR the Right of access includes section 2:
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be ...
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How specific does the information need to be relating to personal information transfer between data controllers?
When personal information is transferred between data controllers the GDPR imposses certain requirements. Among these are information that must be provided to the data subject. As I understand it ...
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How can I take legal action on a company who refused to send chat script on customer's request [closed]
I would like to know how can I take legal action on a company who refused to share the chat script with customers on request. The customer requested the chat script after chatting with the chat ...
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Are there EU consumer protections on annual subscription renewals for digital content?
A year ago I had subscribed on an annual basis to an expensive online platform based in Portugal. I used it a few times in the first 6 months, found it the information provided to be inaccurate and ...
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What effect might recent US Supreme Court decisions/revelations have on extradition requests to the US? [closed]
As a lay-person with regards to the law, I am most definitely speaking from a position of ignorance. Hence my hypothetical question.
Assuming a European court (for the sake of this hypothetical) is ...
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Noncompetes when the company doesn't have a product (EU)
There is a question that asks for something similar, but the accepted answer is a one-liner. The other answer doesn't quite answer it. I want an answer that feels more complete than either of those.
I ...
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Can computer performance metrics be personal data?
ScorecardResearch is a major data collection organisation that serves code onto some major UK web sites. Their privacy policy mentions a lot of tracking, including "hardware or device ...
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Is it legal to discriminate on marital status for car insurance/pensions etc.?
In 2012 the European Court of Justice (ECJ) ruled that gender is no longer allowed to be a factor when premiums are calculated for "everything from pensions to car and life insurance".
I ...
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Hotlinking img as profile picture
I have an img on my website which is used as the profile picture of the user.
It is embedded as <img src="${Hotlink}".
The user can specify an URL and that is used as his profile picture.
...
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Are there continent wide standards for what constitutes a hand free phone wrt driving?
There is an article about an irrelevant celebrity arrest. It ends with this anecdote:
a resident recalled his run-in with the cop when he was talking on the speaker while driving. The Sag Harbor [...
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Do the various anti-end to end encryption laws have provisions concerning third party clients?
There has been multiple attempts to criminalise end to end encryption (E2E). Currently in the news is the EU Chat Control 2.0 (though it seems it has now been withdrawn), the UK passed the Online ...
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Does the right to "good administration" in the Charter of Fundamental Rights of the European Union bind national governments?
The charter contains a "Right to good administration" in Title V, "Citizens' Rights".
The first sentence is (emphasis by me):
Every person has the right to have his or her affairs ...
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Do I have a right to salary information for all categories of employees?
The EU directive on pay transparency gives employees the right to information on certain pay-related topics, excerpt from the link:
Once in the role, workers will be entitled to ask their employers ...
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Is genital "nullification" legal in Europe?
Is it legal for health professionals to perform these operations described
here, under the heading "genital nullification", in Europe, safely and to consenting adults.
Genital nullification,...
user57719
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Understanding Europe geo-blocking regulation: when is it legal to block digital sales of a video game in a EU state?
The recent Sony Helldivers 2 "scandal" that resulted in the game being "delisted" in many countries around the world was meet with a lot of protests by the players.
Among those ...
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EU citizens suing to force sanctions on Israel
I don't know many of the details but I have heard that in the past few years, some young EU citizens sued the EU (or governments in the EU) in order to force action on climate change. I think part of ...
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Does there exist an example of meaningful information about an automated individual decision-making algorithm?
The GDPR Article 14 includes provisions for the data subject to have meaningful information about an automated individual decision-making algorithm that which produces legal effects concerning him or ...
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Does the GDPR right to deletion in Art. 17 effectively include some "disproportionate effort" exception?
Some provisions of the GDPR have explicit exceptions about "disproportionate effort". Particularly relevant is the one in Article 19:
The controller shall communicate any rectification or ...
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What exactly is a decision wrt. GDPR Automated individual decision-making?
The GDPR Article 22 provides rights relating to automated individual decision-making, including profiling. It starts:
The data subject shall have the right not to be subject to a decision based ...
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The availability Interim Measures before the CJEU
I read this part of a book about interim measures from the CJEU (Court of Justice of the European Union), and I am not sure if I completely understand it or not.
Does it mean that if the financial ...
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How do Wi-Fi Positioning Systems interact with the GDPR?
There is a paper (described in the news) that details how to use Apple's Wi-Fi Positioning System (WPS) facilitates mass surveillance, even of those not using Apple devices. The system is described ...
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Under EU law, is it a trademark violation to mention other products by name in a description?
I'm working on a game where if people have at least passing familiarity with Yahtzee (UK/US) or Kniffel (Germany), they'd have a good idea how to play this.
Would I be within my right to name-drop ...
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EU Data Act - Receive access logs of managed wifi access points from service provider
As an employee of company A I would like to statistically analyse access logs of wifi access points, which are located in offices of company A, but managed by a service provider (company B). company B ...
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Is it possible to limit website visitors to a region or country in Terms of Service [closed]
Because of possibility of legal consequences arising from the law of jurisdictions outside the EU I would like to limit visitors to my website to residents of EU so that in an event of legal ...
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Is it legal under GDPR for a website owner to link to their Google Calendar or WhatsApp for scheduling and communication?
I sometimes see websites that provide links to external services such as Google Calendar and WhatsApp for appointment scheduling and communication purposes. I also noticed these sites rarely document ...
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Under which federal and / or state laws could GDPR be enforced in the United States?
Imagine company Z (spooky, I know). Company Z processes what counts in the EU GDPR as personal information, but company Z will refuse to comply with any requests from the EU, which would make it GDPR ...
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Double Jeopardy when received a police caution?
I was curious about the application of Double Jeopardy around the world, and in particular the European Union, in the following scenario.
Someone commits a crime in England, the police arrest them. ...
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How to use "generic color" to describe tertiary colors in gradient logo if filing for color claimed trademark?
With a multicolored gradient logo (not just a two-color gradient) and filing a color logo trademark in the EU, there is a need to describe the colors using "generic" color names.
In such a ...
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Is it legal to create a legally allowed problem that didn't exist beforehand, then sell the solution to that problem to affected people?
Examples:
A phone company selling a phone with a headphone port for years, then redesigning your latest model phone so it doesn't have a headphone port and selling an adapter so people can connect ...
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Billed as a result of automatic renewal, can I, as a EU citizen, get my money back?
I signed up on a seemingly reputable website for making resumes and was prompted to enter a 7-day paid trial in order to download and use the resume I already made in the web app.
Now, after 7 days, I ...
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