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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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Rubik's cube image rights EU court decision

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,...
0
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1answer
37 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: ...
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2answers
36 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 ...
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5answers
15k views

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
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2answers
145 views

If photos are PII under GDPR, how are most photos on the web legal?

It has been established that identifiable photos of individuals are Personally identifiable information. They MAY even be Special Category Data. It seems to me that ones photo is the most personal ...
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1answer
65 views

Can an immigration law firm in Bulgaria sue me in the US?

Two months ago I started to conduct an investment-based immigration program to Bulgaria with the aid of a Bulgarian law firm. After two months, I found they were extremely unprofessional (the ...
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0answers
22 views

Jurisdition of copyright infrigment [duplicate]

No actual case going on here, just a question for my general understanding. Lets say there is a project release under a GPL license, or any other open source license. Given that most open source is ...
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0answers
21 views

TUPE EU Directive - Employee Undertaking Business After Notice Of Dismissal

We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they ...
4
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1answer
64 views

What if rules for a public transport are only visible on a website and not in Metro / Bus?

I live in Barcelona / Spain and recently got fined in a Metro for something I had no idea was illegal. I entered the Metro zone with my girlefriend and we both used the same card (It's legal with ...
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1answer
46 views

Does the UK have HOAs? (homeowner associations / Stratas /Syndic)

I'm looking to move to the UK in 6 months and purchase a flat, but I'm wondering if the UK has also HOAs like the USA? In the USA they are pure hell and want to know if I'll have to deal with them ...
2
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1answer
35 views

Can I take a second job at a potential customer of my first job?

4 months ago I quit my job to found a small startup (A) aimed at solving a niche problem only a few companies (including my old one) experience. I reached out to one potential customer (B) to invite ...
4
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1answer
42 views

Would revealing/storing whether or not an EU customer uses a service violate the GDPR?

Some web services will notify the user if the account name they are entering exists or not. However, I am wondering if this would be legal? For example, if someone entered the email address of someone ...
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1answer
59 views

Do Bitcoin nodes need consent to store EU citizen's personal data?

The Bitcoin blockchain stores data about bitcoin users. This includes: There bitcoin address, which is linkable to their identity via blockchain analysis Transactions they have made This would seem ...
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1answer
70 views

Can't GDPR compliance be trivially bypassed?

For large tech firms such as Facebook, at least, wouldn't it be a trivial matter for these companies to avoid EU GDPR compliance altogether? Many big companies don't actually "sell" any tangible ...
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0answers
35 views

Does an admin have the right to read private messages in social media and apply TOS?

In online communities (like forums, social networks, platforms like Stack Exchange, etc.), can a user be banned because of something they have written in a private message? If so, when does the ...
3
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1answer
51 views

In which jurisdictions outside the EU can the GDPR be enforced?

The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens. Now of course, the EU's jurisdiction is not global, but the EU does have treaties ...
60
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2answers
4k views

How does SE's arbitration clause hold up under the GDPR?

Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this ...
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2answers
752 views

Facebook vs GDPR - Private Messages I sent to others will never be deleted/erased from Facebook servers

I asked this question to Facebook: I would like to know how can I permanently delete private messages from both sides of the conversation. For example, conversations I had in the past with ...
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1answer
61 views

Can my employer gather personal data without written consent

I'm located in the EU. My employer recently became a contractor for an american company. We deal with software. A requirement of the american company was that on all machine of the people working ...
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2answers
1k views

Since when is CAN bus mandatory for new vehicles?

The CAN bus Wikipedia page states that: CAN bus is one of five protocols used in the on-board diagnostics (OBD)-II vehicle diagnostics standard. The OBD-II standard has been mandatory for all ...
5
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1answer
90 views

Company makes confidential CV publicly available and searchable. Legal recourse?

A friend of mine was looking for a job last August. She sent CVs for various positions. Now, months later, somebody told her that if he Googles her name, her CV pops up. She tried it herself and sure ...
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0answers
35 views

Case law, statutory law, the UK and the European Union

I have been told that "statutory law" is a "blunt instrument" (presumably due to the cost of change?) and that the UK legal system has developed a system whereby a more flexible "case law" is used to ...
3
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1answer
56 views

Interpretation of EU legislation

The European Union has 24 official languages, and EU legislation is published in all of them. How does the court resolve inconsistencies in interpretation that might arise because of mistranslations, ...
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2answers
489 views

GDPR (General Data Protection Regulation) - crypto-shredding or regular delete?

The introduction of the GDPR (General Data Protection Regulation) in May 2018 for all businesses targeting EU citizens raises questions regarding the Art. 17 right to erasure, also known as the right ...
4
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1answer
71 views

Can I count unique users without a cookie warning?

Is there a way to count (approximate) unique users on a website without having to display that silly cookie warning? The usual way to track unique users is to set a cookie. An alternative (less ...
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2answers
388 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
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1answer
90 views

Under GDPR, is an image of a person's face a “Special Category Data”?

I'm triyng to understand whether, under European GDPR, an image of a person's face is a "Special Category Data". From this image I could determine person's: ethnic origin (for example: from the ...
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2answers
86 views

GDPR - Confirm company terms and conditions by button click

This May the General Data Protection Regulation (GDPR) will be applied across the EU. I read somewhere that users have to always 'opt-in' after this law is effective. Since I'm concerned about ...
4
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1answer
251 views

GDPR vs. Credit Card Chargebacks

I work for a company where we take credit card payments for the services we provide. As per the Card Scheme rules, the cardholder can request a charge-back up to (in the case of Visa) 13 months after ...
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3answers
950 views

GDPR: Citizens with Dual Nationality?

Do the GDPR Regulations apply to processing data of a citizen who has dual nationality?
3
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1answer
59 views

How to fulfill the General Data Protection Regulation (GDPR) in science

Suppose, a scientist is planning to publish a paper that is about an algorithm which analyzes Wikipedia articles. I'm wondering, if the European General Data Protection Regulation would be relevant in ...
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2answers
71 views

Can my non-EU wife be deported from France for a visa refusal?

I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French ...
13
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2answers
83k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
3
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1answer
46 views

Access to broken parts, after a repair, in the EU

In the European Union, if a customer gets a repair performed, does he have the right to request the broken / replaced parts? For example: if you get a phone screen repaired, do you have a right to ...
3
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1answer
54 views

GDPR compliance for software that lets users store PII of other people

Most times you see GDPR it relates to the first party storing data about their users, customers, whatever. I'm a developer for some hosted software (SaaS if you will) that allows —as a very tangential ...
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1answer
76 views

Under GDPR right of access, do I have the right to receive a copy of scoring sheets / evaluation forms after a structured job interview?

Under the GDPR right of access, what rights do I have to employer assessment of myself in the role of a job applicant after a structured job interview? Presumably, in a structured job interview ...
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2answers
104 views

A company (EU) sells potentially dangerous chemicals to anybody. What can I do as a citizen?

I have read a report by a high-schooler doing "experiments" by injecting himself with custom-synthesized peptides (small proteins). I emailed the author who confirmed that his report was no joke. ...
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1answer
23 views

Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
2
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1answer
95 views

Is it really possible to use Google Analytics without consent, and if so, why exactly?

I'm asking about the GDPR and the European Union. Lots of websites claim that it is possible to use Google Analytics without asking for the user's consent. Even some answers here suggest that it is ...
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1answer
218 views

Parent company GDPR compliance

Situation: Parent company is registered in the EU member state but does not do b2c business in the EU and does not process personal data of Europeans. Subsidiaries are not EU companies and does not ...
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1answer
32 views

Fee for Subject Access Request to GCHQ, Data Protection Act 2018

When making a Subject Access Request to GCHQ I was told that I would have to pay a fee for this Request. The GDPR does not allow for such a fee, while the UK Data Protection Act does(Part 4 – Chapter ...
3
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1answer
69 views

How can I ensure EU citizens can share my content?

I've been hearing things about the new Article 11 and Article 13 legislation which recently passed in the European parliament which regulate the ways that, for example, social media or news ...
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1answer
52 views

GDPR - If am am allowing user to post on twitter and Facebook from my IOS app?

If am allowing user to post on twitter and Facebook from my IOS app, Do I have to get user consent ? If yes what do I have to mention in user consent ?
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2answers
72 views

GDPR - Do we need to give individual mixed personal data of 2 individuals? (Right of access)

Individual is asking for phone recording which contains personal information of that individual and our marketing person, it also contains our sales speech. Do we need to provide copy of phone ...
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1answer
42 views

How much can the GDPR be amended by EU member states in their national laws?

Citing article 8 of the GDPR (emphasis added): Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the ...
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3answers
179 views

Would the UK still have to leave the EU if they changed their mind after invoking Article 50?

After the brexit referendum results came in, there has been a lot of talk about Article 50 of the Treaty on European Union: Any Member State may decide to withdraw from the Union in accordance ...
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0answers
17 views

Changes to the privacy policy that require the user's consent: GDPR compliance

Suppose you have an online service, with a privacy policy that the users have accepted. Then at some point you want to introduce some changes to that privacy policy, in a way that requires the user's ...
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2answers
108 views

Same game company name, but in a different country

I finally came up with a good name for my game studio, however after searching for it there appears to be another game company with the same/very similar name. They were founded this year, have an ...
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2answers
101 views

Can copyrighted work be distributed for free if it was done so by the owner previously?

Once upon a time a UK music band put one of their songs on their website for free download. Time has passed, the website has changed drastically and the song is not available there anymore. Neither it ...
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1answer
95 views

Is the proposed Brexit agreement contrary to the Human Rights Act?

Is the proposed Brexit agreement contrary to the Human Rights Act? May's Brexit Deal as it is currently tabled, sees EU laws continue to apply in the UK, enforced by the Commission and Adjudicated by ...