Skip to main content

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.

Filter by
Sorted by
Tagged with
1 vote
1 answer
259 views

What exactly triggers the GDPR Article 14?

Article 14 of the GDPR concerns the requirement for a data controller to inform the data subject when they obtain personal data has been obtained from an entity that is not the data subject: Art. 14 ...
-2 votes
0 answers
31 views

Nonprofit Venture Incorporation

I'd like to build an impact venture that sidesteps the conflict of interest between shareholders and purpose. Naturally, I started thinking about nonprofit structures; however, I would like the ...
1 vote
1 answer
59 views

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 ...
1 vote
1 answer
61 views

EU flight compensation regulation and the choice of reimbursement (EC261 Article 8)

I am trying to understand the meaning of the regulation EC261 establishing common rules for compensation in the event of flight cancellation. My question concerns mostly Article 8 relating to ...
3 votes
0 answers
288 views

When is a permission required to attack a system?

Never attack something you don't have a permission for! This is one of the golden rules of penetration testing, yet it's surprisingly unclear. What exactly counts as an attack, and when do I need ...
0 votes
1 answer
86 views

Is it possible to limit website visitors to a region or country in Terms of Service

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 ...
0 votes
0 answers
51 views

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 ...
0 votes
0 answers
25 views

Legal Considerations for Event Photography in Spain When Building a Portfolio in Clubs and Parties

How is the legal situation in Spain regarding the creation of a photography portfolio as an event photographer? I intend to photograph events in clubs/discos and parties to build my portfolio. I plan ...
0 votes
2 answers
135 views

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 ...
0 votes
2 answers
149 views

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. ...
2 votes
2 answers
171 views

Is it legal/appropriate to email a GDPR SAR to the executive team if that is the only email address the company provides?

This is prompted by this question but I am fairly sure I do not have the correct answer so I am making this one. My personal answer to "How do I get my data from company X under GDPR" is to ...
2 votes
2 answers
85 views

Does a "Data Controller" need to decide on behalf of others over their Data to become a Data Controller? [closed]

We provide Software for a school, more specifically for the Students Councils there. Hence we don't sign our contract with the school, but with "the Head" of the Students Council, which is ...
38 votes
6 answers
8k views

Why does browser cache not count as copyright infringement?

My browser is saving a copy of the web pages I visit on my computer. How is that not copyright infringement? in this answer I read: I would hazard a guess that displaying an HTML webpage online is ...
2 votes
0 answers
70 views

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 ...
0 votes
2 answers
160 views

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 ...
6 votes
2 answers
2k views

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 ...
-4 votes
1 answer
177 views

How do I keep my web site out of Europe?

Say I want to publish a web page that includes URLs for for Google-hosted font files in its stylesheet. If your user agent deigns to, it can download those font files and display the page with them. ...
2 votes
0 answers
86 views

Is it legal for internet service providers in the EU to severely and systematically undercut advertised bandwidths?

I have a new mobile data plan with a contractually agreed-upon bandwidth limit of "up to 3 Mbit/s". To my knowledge, the "up to" only accounts for unavoidable reductions in ...
1 vote
0 answers
38 views

Does a Push Notification Service (Apple/Google) have to be mentioned in an DPA. Do i need a DPA with the Service Providers? [closed]

We are a Software Company that provides a Software (an IOS and Android Application) to our Customers. That Customer itself would be treated as an Data Controller and thus we are the Data Processor, ...
4 votes
3 answers
745 views

Was the EncroChat Hack Legal? If not, is there a legal mechanism which could allow the evidence to be used?

Disclaimer: I am aware there are a lot nuances within law, particularly within each country, as such this question only concerns the wider EU law and UK law as these are the courts I am interested in ...
18 votes
3 answers
2k views

What are the consequences that European standards being cited in law must be publicly accessible, but are protected by copyright?

In a jugdgment published this week, the Court of Justice of the European Union ruled on a complaint that some technical norms set as European Standards by a Standards Organisation are available only ...
2 votes
1 answer
293 views

Accidental intrusion into military airspace

Welcome to Germany, where we have Military installations designated as "Militärischer Sperrbezirk" (MSB), that are closed to the public. For example, a shooting range or training ground is ...
0 votes
0 answers
38 views

Dual-criminality and conduct approach?

I was reading this article published by a Spanish lawyer firm, on the topic of extradition from Spain to a requesting country. I wanted to clarify my understanding of this section, quoted below. ...
1 vote
0 answers
185 views

Can photos of the Mount Olympus be used commercially?

I have heard that some European countries restrict commercial use of protected archeological or cultural heritage items. But this does affect natural settings like the mount Olympus (located in Greece)...
3 votes
1 answer
155 views

What's the legal difference between a security camera and filming on your smartphone?

In the Netherlands you should not have your security cameras record the public space (e.g. the road in front of your house), basically because recording the public space would infringe on people's ...
17 votes
3 answers
6k views

When ordering off Amazon, are you allowed to keep a product that's significantly more valuable than what you originally ordered?

A friend of mine ordered a 60 EUR PC case off of Amazon.nl, but when receiving it today it turns out it is an entire prebuilt gaming PC valued at around 1400 EUR. in the friends group, we speculated ...
1 vote
0 answers
55 views

Is an airline required to compensate a damaged suitcase with money or can they give me a suitcase voucher?

An airline damaged my suitcase and gave me a suitcase voucher that I can redeem on their website. However I would like to get money instead. I know they have to reimburse me according to Montreal ...
0 votes
1 answer
197 views

EU member extradition

Pretend that a country within the European Union (EU) has refused to extradite somebody, after an extradition request from another country, following a court ruling in the extraditee's favour. If the, ...
3 votes
2 answers
230 views

Work-for-hire unpaid: who owns the IP?

Suppose X is a software developer, the only employee of sole proprietor Y. The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
9 votes
3 answers
4k views

Why do corporate mergers require the approval of foreign governments?

Design fail: Adobe and Figma call off their merger as antitrust scrutiny intensifies But surprisingly not from American regulators, but from EU regulators. I also sometimes hear similar stories about ...
6 votes
2 answers
2k views

Why aren't foreign VPN companies forced to keep logs?

This link explains the inconsistency with what VPN services consider 'logging'. Certainly, there is no way for us to verify their claims without an extremely rigorous independent audit. But even that ...
0 votes
0 answers
83 views

MLAT De Minimis period?

The UK Government website covers Mutual Legal Assistance Treaty (MLAT) requests that it receives from outside of the UK. I was hoping someone could clarify the De Minimis part. Question 1: Focusing on ...
-4 votes
1 answer
110 views

Is it legal having two 40 hour jobs in 2 EU countries being non EU [closed]

I have a work permit in Sweden for 3+ years. I have received a job offer from another EU country. I want to work both jobs. Both jobs are 55k+ euro annually so I have no issues with minimum ...
0 votes
0 answers
53 views

Airline not offering re-routing as per EU 261/2004

Context: My parents had a reservation for a flight made of 3 segments (all part of the same booking and sold by the same airline), the first one departing from within the EU and with a final ...
0 votes
1 answer
233 views

GDPR compliance - Font Awesome

I am building a simple website and therefore wanted to avoid worrying about GDPR compliance by simply not processing or tracking any user data. However, when investigating my only third-party service &...
-4 votes
1 answer
81 views

How can someone exercise their right to a copy of their data from a company? [closed]

I’m familiar with GDPR; in Utah it appears the analogous law is the Consumer Protection Act. In principle, I thought that GDPR gives anyone the right to request a copy of the data a company has about ...
-1 votes
2 answers
116 views

Can a country restrict the usage of public domain material under the Berne Convention?

Some European countries have restrictions on use of public domain content, usually in the form of "cultural heritage" laws. These laws require the payment to institutions or libraries for ...
0 votes
1 answer
83 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 ...
4 votes
1 answer
107 views

What happens when data that was not personal information become personal information?

Supposed there is some data that is not associated with an individual. This data is processed by a company and distributed on the web. At a later date this data becomes associated with an individual ...
5 votes
0 answers
101 views

Does one EU country have to accept the gender entry of another EU country?

Situation: German citizen B is born in Germany but moves to Estonia at some point and is registered in the Estonian population register with male gender and issued an Estonian ID card. B moves back ...
0 votes
1 answer
179 views

Does GDPR consider any audio recording to be "data"?

If an audio recording was made between two consenting parties, would that recording be considered "data" and subject to GDPR, (like a photograph) or would it depend on the subject and ...
0 votes
0 answers
36 views

Is a third party which solicits and accepts personal data from a customer on another’s behalf a processor or a controller?

Alice contracts with ACME insurance which sends her to their identity verification solution provider’s app/website (BCME KYC SOLUTIONS Inc). BCME’s portal asks Alice for photos of herself and other ...
-1 votes
1 answer
83 views

GDPR cookie bar, auto accept when changing pages

Can i add a GDPR cookie bar on home page that will allow the users to accept or rejects the cookies but to also write on the bar something like: "You agree accept all cookies if you switch to ...
-1 votes
2 answers
66 views

Is hate speech defined in terms of an impartial principle?

The term “hate speech” is frequently used in public discourse. I do not know if this is a legally defined concept, or if it is instituted by organizations like the Southern Poverty Law Center, for ...
0 votes
0 answers
72 views

Who is responsible for search engine indexing? (GDPR) [duplicate]

I am currently trying to wrap my head around the GDPR by analysing mastodon.online. While going through their privacy policy and their privacy preferences of my Mastodon, I discovered the following ...
0 votes
1 answer
77 views

Does the personal data use required to distribute software online make activity "commercial"?

The EU Cyber Resilience Act (CRA) has an exception for non-commercial/open source software. As an exception to the exception, commercial activity seems to explicitly include "the use of personal ...
1 vote
1 answer
75 views

Can either side of a GDPR SAR require the other to agree to ToS during the identification process?

I shall use a real situation that happened to me, but this is just to demonstrate my point. I am definitely not going to do anything about it. This is a purely theoretical question, I am not ...
3 votes
3 answers
614 views

Would it be legal for foreign volunteers to fight in Ukraine?

On Sunday 27 February at 7:15 AM GMT, the BBC reported that: (source) Ukraine asks foreign volunteers to help Kyiv says it's establishing an "international" legion for foreigners wishing to ...
0 votes
1 answer
69 views

Which EU country's regulation is applied when doing direct marketing from country A to a legal or natural person in country B?

So I'm wondering which country's legislation is used when, for example, a company from Sweden would do electronic direct marketing to another company in, say, Germany. Assuming that Sweden and Germany ...
0 votes
1 answer
92 views

Is "gossip surveillance" processing personal data under the GDPR?

The Guardian has an article on "gossip surveillance" where strangers report on social media private conversations they are not party to in the hope of exposing duplicity from the speakers in ...

1
2 3 4 5
17