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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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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 ...
Mario Trucco's user avatar
16 votes
3 answers
15k 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 ...
Nuno's user avatar
  • 1,033
14 votes
4 answers
1k views

What is the legal mechanism by which the GDPR might apply to a business with no presence in the EU?

My family has a small side business selling some things through the internet. As far as I know, we aren't likely to have any customers who are EU citizens, but it's certainly not outside the realm of ...
Ben Collins's user avatar
13 votes
1 answer
119k 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 ...
unknown's user avatar
  • 139
10 votes
1 answer
447 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 ...
JonathanReez's user avatar
  • 4,563
8 votes
2 answers
3k 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 ...
reed's user avatar
  • 1,838
48 votes
4 answers
17k 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 ...
reed's user avatar
  • 1,838
5 votes
1 answer
273 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 ...
Christopher King's user avatar
4 votes
2 answers
744 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
Maj's user avatar
  • 51
3 votes
3 answers
753 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
reed's user avatar
  • 1,838
2 votes
1 answer
1k views

Is it legal to host a directory of .onion urls?

.onion is a special-use top level domain suffix designating an anonymous hidden service reachable via the Tor network. .onion. (2016, March 11). In Wikipedia, The Free Encyclopedia. Retrieved 12:46,...
raptor's user avatar
  • 121
1 vote
1 answer
114 views

EU Legal instruments

Can someone explain to me the distinctions between the various EU legal instruments, particularly "regulation", "implementing regulation" and "directive"?
Gremlin's user avatar
  • 113
42 votes
2 answers
9k views

GDPR + git history

Is name, surname and email in the Git commit history a personal information according to the coming GDPR (General Data Protection Regulation) and is there any special treatment required? Git is a ...
Oldrich Svec's user avatar
9 votes
3 answers
5k views

Are there situations where it is legal to threaten someone with a gun but not legal to fire the gun?

One of the essential rules of firearm safety is to never point a gun at anything or anyone you do not intend to shoot. It also seems to be a consensus that whenever it wouldn't be lawful to shoot ...
vsz's user avatar
  • 957
6 votes
1 answer
2k views

Resellers under GDPR - disclosure of data processors or countries of data storage?

A significant number of web-design and I.T. consultancy companies typically re-sell third party services related to their own as part of their product/service portfolio, to give a few examples, ...
richhallstoke's user avatar
3 votes
2 answers
3k views

Storing IP's and GDPR Compliance

Suppose a web designer plans to store hashed IP's in a database for analytical purposes of tracking unique clicks, and for security purposes to prevent botting unique clicks. Suppose the site only ...
bishbe's user avatar
  • 43
3 votes
2 answers
2k 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 ...
reed's user avatar
  • 1,838
1 vote
1 answer
111 views

How far up the chain of internet provision does my GDPR responsibility go?

Say I host a web page on my computer, and you visit that site from somewhere in Europe. The web server on my computer will know your IP address, and I can choose to "forget" it as soon as ...
Dave's user avatar
  • 827
0 votes
2 answers
196 views

How much violence is legally permitted to defend property?

Supposing a new business opens, and as usual the local criminals demand "protection money" under threat of property damage. If the business owner decides to spend the night at his business ...
dotancohen's user avatar
60 votes
4 answers
20k views

Does GDPR include UK customers, or not anymore?

Now that Brexit happened, does GDPR include UK customers, or not anymore?
Nuno's user avatar
  • 1,033
44 votes
16 answers
14k views

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European ...
don's user avatar
  • 391
38 votes
3 answers
6k views

Legality of penalising Russian Oligarchs

What is the legal basis for penalising individual Russian Oligarchs? Having ill-gotten wealth and dubious friends is hardly unique to Russia, and whilst I can understand with the desire of the Western ...
ConanTheGerbil's user avatar
35 votes
6 answers
13k 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 ...
Stefano Palazzo's user avatar
21 votes
1 answer
3k views

Can I waive my statutory rights?

I've noticed that Steam has recently added this bit of text to its review and confirm page: By clicking the button below to proceed you agree that Valve provides you immediate access to digital ...
user avatar
20 votes
2 answers
5k views

Is it legal under Czech and EU legal system to punish people with prison sentences for publicly expressing their political views?

This site claims that (my emphasis): The Czech Republic's chief prosecutor has warned that expressing support for Russia’s attack on Ukraine could be a criminal offence, punishable by imprisonment. [....
Glory to Russia's user avatar
17 votes
3 answers
7k 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 ...
Nzall's user avatar
  • 1,385
12 votes
2 answers
3k views

Is it legal to organize a female-only event, assuming the topic isn't gender-specific?

I've recently seen a few "female-only" lectures about technical topics, organized by companies that try to promote the presence of women in engineering. While I don't feel like I'm discriminated (...
JonathanReez's user avatar
  • 4,563
12 votes
1 answer
2k views

Does copyright no longer apply if one cannot find the owner?

Suppose a work was originally published in France (and in French) , in 1940. Suppose the author (Georges Macron) died in 1980. Suppose it was translated into English, and published in English in 1955. ...
David Siegel's user avatar
10 votes
4 answers
5k views

Is there a way to determine if an email address is personal information?

The GDPR defines personal data as: Personal data is information that relates to an identified or identifiable individual. My understanding is that this means that [email protected] is ...
User65535's user avatar
  • 6,868
10 votes
1 answer
190 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 ...
against very long user names's user avatar
8 votes
3 answers
3k views

Contract mentions an outdated law

I want to keep it short. I signed a contract on 01/12/2021 that mentioned in the Terms and Conditions that they adhere to the 531/2012 law. This law is now outdated, it says No longer in force, Date ...
charelf's user avatar
  • 215
7 votes
1 answer
3k views

Is it illegal to sell malware?

Is it illegal to produce and sell malware? If no, is there any data I need to collect on the customers? Is it illegal to produce and sell Crypters(programs that hide other programs from antivirus)? ...
hjbvmkbjnmb's user avatar
7 votes
3 answers
5k views

Is it legal for google street view images to see in my house (EU)?

My aunt lives somewhere on the territory of European Union and I navigated to her house in street view mode on Google Maps. I noticed that by navigating those images you can see into her house! You ...
Bogdan Floareș's user avatar
6 votes
1 answer
13k views

What happens if I don't accept cookies?

Due to the so-called "cookie law", websites that are owned in the EU or are targeted towards EU citizens are now required to prompt users to store cookies. Most often this takes the form of either a ...
Etheryte's user avatar
  • 157
5 votes
1 answer
150 views

Can online business in one country deny access via terms of service to entities in another country?

Can an American company state in their terms of service that if an entity is from a designated country they are not allowed to use the service? In other words would that be a legal and enforceable ...
Ole's user avatar
  • 327
5 votes
1 answer
356 views

Contract necessary for the most basic processing under GPDR?

I am very pleased to have found this resource and am hoping I can be guided to some clarity on some points regarding processing of webserver access logs. I have not yet found these addressed here or ...
A.M. D.'s user avatar
  • 151
5 votes
2 answers
650 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 ...
Per Digre's user avatar
  • 354
4 votes
0 answers
165 views

The Directive on Copyright in the Digital Single Market, also known as EU Copyright Directive and file 2016/0280(COD)

Going to WikiPedia, I have been drawn attention to a new EU directive on Copyright. The Directive on Copyright in the Digital Single Market, also known as EU Copyright Directive and file 2016/0280(...
Chris Rogers's user avatar
4 votes
2 answers
2k views

Does any host provider currently comply with GDPR?

According to Rec.81; Art.28(1)-(3) of the GDPR regulation, "The carrying-out of processing by a processor should be governed by a contract or other legal act under Union or Member State law, binding ...
Nora Varner's user avatar
4 votes
2 answers
2k 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 ...
nulll's user avatar
  • 151
3 votes
3 answers
640 views

"Discrimination" due to COVID-19 Certificate requirements

Many European countries issue COVID-19 Certificates (with varying names), that indicate whether a person is vaccinated, has recovered or has been tested. Access to some locations (restaurants, cinemas,...
PMF's user avatar
  • 5,824
3 votes
2 answers
132 views

EU fines Google $2.7B, based on which laws?

Yesterday the news came out that the European Union fined Google for $2.7B because they, according to the EU, place their own services higher in the result than competitors. Google suffered a major ...
JAD's user avatar
  • 193
3 votes
1 answer
337 views

What does 'Right to Erasure' actually cover?

According to GDPR, any person has 'Right to Erasure (Recital)' and have his/hers sensitive information deleted. Does that mean that an organization can keep all non-sensitive data for a user? For an ...
alturkovic's user avatar
3 votes
1 answer
50 views

Identity verification prior granting access to personal data [GDPR]

When receiving by E-Mail a Subject Access Request (SAR), which steps must be taken to ensure that the person requesting the SAR is the effective owner of the personal data?
CaballoBlanco's user avatar
3 votes
1 answer
85 views

How will Brexit affect ongoing court claims and existing judgements within the EU courts?

I am wondering how ongoing court cases and existing (i.e. pre-decided) unsettled judgements will be treated after Brexit? Moreover, I would like to know how judgements decided after Brexit for court ...
Lost Crotchet's user avatar
3 votes
0 answers
289 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 ...
MechMK1's user avatar
  • 761
3 votes
2 answers
3k views

What does "reasonable" mean?

I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it. Imagine a Confidentiality and Assignment Agreement with ...
Toke Faurby's user avatar
3 votes
3 answers
914 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 ...
WoJ's user avatar
  • 2,458
3 votes
2 answers
2k views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
Michel Gokan Khan's user avatar
2 votes
1 answer
546 views

Do new VAT rules apply to gifts from non-EU countries?

I'm a Russian citizen and I'm going to send a gift to my friend from EU (Poland). I heard that after 1st July countries of EU get new rules of VAT, and they also mean, that now you must pay VAT, even ...
AzureSky's user avatar