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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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What is exactly a joint controller in GDPR? Examples

I am not sure I really understand the concept of "joint controllers" in GDPR, and I'd like to have some concrete examples, especially examples of joint controllers relating to the internet (websites, ...
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51 views

Can I legally publish a compilation of copyrighted material without licence? How?

I have bought a book A which contains much content, and a second book B which relies on some of that content. I took the time to compile only the content from A that is relevant for use with B into a ...
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27 views

Who is the Controller and who is the Processor if Company X hosts/embeds content of Company Y

Let's say we have two companies "WeServe" and "OurContent" and the following relationships, who is the Controller and who is the Processor or are they Joint Controllers (Art. 26 GDPR) or is there ...
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62 views

GDPR and hotlinked images: are they allowed?

By opening this question, you have automatically sent some data to some random website on the internet, the website hosting the above picture. What data? This is the data that is usually sent: Your ...
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135 views

Does GDPR Prohibit Reading Unsolicited Emails?

I originally asked this question on Information Security and it was suggested it was a better fit over here. I'm a member of the management committee of an allotment society in the UK. The committee ...
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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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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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62 views

Are non-guaranteed delivery service contacts legal? [EU]

I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed. Parcel delivery within 2 working days ...
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40 views

Will the UK keep EU legislation after Brexit?

I have found out recently that the reason why many of the delicious foods in America aren't being sold in the UK, or if they are being altered. It is because of the EU's laws on artificial colouring ...
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74 views

Is it legal for RyanAir to restrict free check-in to only 48h-2h before the flight?

Any legal basis for a complaint to a EU consumer defense organism about the new Ryan Air regulation restricting free on-line check-in window to only 48h-2h before the flight? It is clearly an abject ...
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Derogation for small companies in GDPR

Question What does Recital 13 in GDPR make exempt? refers to Article 30 on the technical definition on record keeping. But I am interested in another aspect of this sentence: To take account of ...
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What EU law regulates the service providers liabilities and responsibilities for user posted content?

This question is closely related to: How do community websites and forums defend against copyright claims?, but it didn't exactly answer my question as my question is about servers based in Europe. ...
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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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What are legal ways to get a persons address (Person living in Ireland, I'm living in The Netherlands)?

This is a follow-up to my previous question. I filed for a European small claims procedure but the only address I had of that person, seems invalid. The people at the address in question claim they ...
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1answer
79 views

What are customer laws about clothes warranty in Germany?

I live in a Germany for half of year now, and it's relatively difficult to understand all local laws and regulation, especially if you don't speak German. I bought new sneakers in the large retail ...
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Is it illegal to broadcast/stream music for non-commercial purposes?

I have a simple question that I haven't found any answer on, on the web. I have a lot of purchase music on Google Play and I want to create a internet radio just for fun, for non-commercial purposes. ...
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0answers
27 views

GDPR which practice is compliant?

I have seen many ways of requiring user acceptance of their data usage on the internet. Which are conforming? Keep in mind I am talking just about the consent acquiring mechanism. In order from the ...
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48 views

How to comply with CE marking regulation when importing into the EU/EEA?

I would like to import small electronic consumer products (e.g. Bluetooth speakers) from China and sell them in the EU or more specifically in the UK. Who is responsible for the safety of the product ...
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1answer
35 views

Could a third party revive a dead trademark if another company has unlawfully been using it?

Suppose Company "A" registered the trademark "John Doe" with the EUIPO. Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder. During this ...
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1answer
437 views

Could the UK “sue the EU” in a way which affects the Brexit settlement?

It has been reported (for example here) that Donald Trump suggested the UK sue the EU as an alternative to negotiating Brexit. Many interpretations of these comments are possible and as the discussion ...
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1answer
42 views

Can I register a trademark after leaving a company in the UK?

I've been working on a new product for a company as a software developer (creating it from scratch). I've come up with a name for it as well which my manager didn't tell me to do but I decided to be ...
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2answers
428 views

EU Consumer Goods Guarantee, who is responsible the Retailer or Manufacturer?

The title of the question basically sums up my question but for completeness I will provide some more details. Roughly 15 months ago I entered into a contract with a large phone service provided who ...
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1answer
104 views

GDPR - What exactly should I do to prevent revenue loss?

I've seen many sites blocking cookies right away and expecting users to click the "Accept cookies" button to activate them. But then I came to stack exchange to ask this question and there's a note on ...
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3answers
2k views

Can a service provider force a price increase?

My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I ...
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78 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(...
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Can background screening companies be forced to remove stored personal data under GDPR?

I understand that a background screening company requires a certain set of personal data to deliver a service. One typically consents for this data to be processed when completing associated paperwork....
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European airflight rights: Is the 14 days deadline inclusive, and does a change in flight count as a delay?

I bought a plane ticket for a flight on 13th June at 10:00 from airport A to B (both airports are located in the EU, with a distance of more than 1.500 km). On 30th May at 17:45 I was informed (by ...
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1answer
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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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Can a European bank mandate employees to have a deposit account into which salary is paid

Is this allowed under European law to mandate employees to open a local (i.e. same name) bank deposit account and claim salary will only be paid into that account internally? I suppose it must be ...
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2answers
87 views

When will a passport be needed to go the UK from the EU?

When the UK was a member of the EU there was no need for a passport to visit the UK. It was enough with a ID card from your EU country or a driving license. As brexit process is going on when are EU ...
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2answers
71 views

Do companies have the right to demand proof of being present in the EU before executing a GDPR request?

Under the GDPR, any company doing business in the EU must remove EU users' personal data upon request from that user. Since the statute only applies to persons present in the EU, are companies ...
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43 views

Can a signature be valid without a name datum associated with it?

I noticed that my signature got less readable over time, but improved in unique characteristics which is a positive development in my opinion, since I never see a form without a field for first and ...
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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
43 views

For GDPR compliance, what documents or contracts need to contain a list of processors or sub-processors?

Should a complete list of processors or sub-processors be written anywhere for GDPR compliance? If so, who is required to do so? Controllers, processors, sub-processors? And where should the list be ...
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Is Google's privacy policy compliant with GDPR for the data processing agreement between a controller and a processor?

If for your job you use any Google services, chances are you are sending them a lot of personal data of your clients in emails, documents, etc. So technically you are the controller, and Google ...
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92 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 ...
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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) ...
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1answer
50 views

Could GitHub change its ToS to change ownership over the code?

During an online discussion about the possible steps MS might take after acquiring GitHub, the other user suggested that MS could change the ToS so that they become the owners of the code. So ...
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58 views

Does data that is anonymized need to be collect in the event of a GDPR Subject Access Request?

Google Analytics anonymizes and aggregates all user data so it is not possible to look up an individual user. Does that mean that in the event that we use Google Analytics and receive a Subject ...
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1answer
88 views

Facebook blocked my account until I consent to their new privacy policy under GDPR. If I consent now, will I be able to withdraw my consent later?

I am going to delete my Facebook account in a month, I can't do it now because I still use it for work. I live in the EU and Facebook has blocked access to my account unless I accept their privacy ...
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1answer
59 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 ...
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54 views

Description of 3rd party cookies in the privacy policy for GDPR compliance?

In order to comply with GDPR's right to be informed section, some sites try to describe what specific cookies that 3rd parties supply do. Is it OK to just list what cookies these parties set, and ...
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2answers
116 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 ...
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2answers
105 views

Handling a GDPR subject access request when using google analytics?

When using Google Analytics and receiving a GDPR subject access request does the party receiving the request also have to send all data collected by Google Analytics?
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1answer
95 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 ...
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74 views

GDPR vs. Copyright for a recommendation letter

Spurred by a discussion on academia.se: suppose prof. X writes a letter of recommendation for her student mr. Y, and sends it to university Z through an on-line system. Then, the student mr. Y writes ...
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Android App GDPR: ads and purchases

Problem description Just imagine a typical app or mobile game here: This app has the option to disable ads using in-app purchases. These purchases are resolved using the following API. A detailed ...
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7k views

Can I request a copy of my password hash with GDPR?

People often use personal information to create them, like first name / date of birth, and people often reuse passwords across several sites, so I guess passwords are considered personal data since ...
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1answer
51 views

Under what conditions can an Asian company access Database hosted by a British company containing data of European citizens?

I work for a small non-EU company1 on projects of a British company2 which rents out houses. All the live databases3 are located in the UK on their premises and we access those databases and servers ...
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227 views

Is Facebook's new cookie banner GDPR compliant?

Today I visited Facebook from a Google search to find the following cookie banner at the top of the page: To personalize content, tailor and measure ads, and provide a safer experience, we use ...