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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.

12
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4answers
577 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 ...
13
votes
2answers
87k 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 ...
31
votes
2answers
4k 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 ...
46
votes
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 ...
6
votes
1answer
860 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, ...
3
votes
3answers
432 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 ...
2
votes
2answers
136 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 ...
1
vote
1answer
46 views

EU Legal instruments

Can someone explain to me the distinctions between the various EU legal instruments, particularly "regulation", "implementing regulation" and "directive"?
3
votes
2answers
131 views

Can the terms of service contain a clause that instructs a user to forfeit their rights under the GDPR?

Suppose an American company wishes to do business with European parties. Could their terms of service say that as a user of their services the user forfeits any rights afforded to them by the GDPR ...
19
votes
4answers
2k 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 ...
21
votes
1answer
2k 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 ...
10
votes
2answers
1k 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 ...
5
votes
1answer
2k 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)? ...
3
votes
2answers
104 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 ...
3
votes
1answer
131 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 ...
3
votes
0answers
105 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(...
0
votes
1answer
721 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,...
5
votes
1answer
235 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 ...
4
votes
1answer
61 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 ...
3
votes
2answers
106 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 ...
3
votes
1answer
248 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 ...
1
vote
2answers
72 views

Is there any chance to get a loan back from someone in another country? (Loanee is in Ireland, Lender in Netherlands)

Lets say someone form another country loans a small amount of money (400 euro) in The Netherlands (A Dutch person lends money to someone from Ireland). Signing a Dutch loan contract (in English) ...
1
vote
1answer
102 views

In GDPR, who exactly are the processors and what do they have to do?

I thought the processor was just someone who processes all personal data on behalf of the controller, basically a simple substitute for some matters. But from what I read online it seems that a ...
0
votes
1answer
78 views

Is compromising a user considered legal if it is to inform them?

Today my mother received an email from herself, containing the following message This is an automated message by an email validator. If you are receiving this email it means that your email ...
0
votes
2answers
84 views

Can having a company in the same industry with the similar names but different continents cause problems?

I have a web app that is currently small but has predispositions to grow in the European market, however a similar company exists in the US market already for a long time. We both have similar name. ...