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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73 views

Confidentiality clause in a contract (Netherlands/EU)

I have a contract signed at Oct 2016 and valid for one year. It has the following lines: OBJECTIVE OF THE AGREEMENT This contract is valid for one year. Also, it has confidentiality clause: ...
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1answer
121 views

Copa Airlines overbooking - delay compensation

Short story: we went to Peru on vacation with my wife (2 persons) we bought our tickets at AirFrance outbound flights (Budapest-Paris-Lima) operated by AirFrance were ok return flights were messed up ...
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1answer
96 views

Is there a limit to the liability an airline can impose on a passenger because of their behaviour?

There is a story in the news today about a woman being charged £85,000 after she caused a flight to be diverted due to her behaviour. I believe this is section 23.3 in Jet2's Conditions of Carriage. ...
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80 views

Subsidies for low paid / free workers in some EU countries

I have heard that that in some EU countries such as Ireland, an employer can receive a €10,000 per year subsidy for simply employing a person who has been unemployed for a certain length of time. ...
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1answer
73 views

Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?

I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph: § 18 Post-Contractual Non-Competition/Contractual Penalty (1) For a ...
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1answer
55 views

Legal sending personal information to a third party if the user supplied incorrect contact information?

To clarify the title, here is an example: Alice wants to sign up to online store Nile.com Alice enters the email bob@mailprovider.com by accident Nile.com does not send a verification that Alice has ...
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39 views

Was nationalisation of energy companies a breach of EU law?

Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member ...
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1answer
86 views

Is it legal to compel users to share data in order to access more features, when the features being accessed do not require the data being requested?

Apologies in advance if this is not the correct exchange for this question. I am a developer working for a company that owns a healthcare application. They operate exclusively in the EU. As part of ...
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1answer
74 views

Store browser width / screen size and browser type without user consent?

I have a question about GDPR compliance for a web app. May I store users' browser window width / screen size (like 768px) and browser type (eg. Firefox) to be used for future responsive design ...
3
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2answers
75 views

Controller processor roles for a SAAS for schools

Assume the following situation: There is a cloud-software (SAAS) which is used by a school for basically three things: Edit: The SAAS was designed with children facilities in mind: Nurseries, ...
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2answers
139 views

“no logs” website in eu - is it illegal?

As title says, am I obligated as EU citizen / owner of website hosted in EU to log some data about users which would then make them identifiable? What if I do not collect any data about users of my ...
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2answers
88 views

Do I need permission to publish a FOI response in a blog post or open letter?

I recently submitted a FOI request to my local council, and had a response. Part of the response stated the following: You are free to use this information for your own use, including for non-...
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35 views

What rights am I going to Loose from my EU patent if it is registered by a consortium

Longer story short, recently I (and a couple of friends) won a technological contest in Portugal. To enter and win it, we had to submit a technical drawing and explanation of a possible invention/...
2
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1answer
71 views

Can liability for data disclosure be waived by T&Cs under GDPR?

I live in Ireland, an EU county subject to the GDPR. I see in a service T&Cs the line: "Despite our use of commercially reasonable efforts to protect your Personal Information from ...
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2answers
69 views

Small Claims Court UK - Small German Company owed less than E5000 EUR by UK company

Can the German company make a claim through the British Small Claims Court or do have to use the EU Small Claims Court system?
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3answers
158 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 ...
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1answer
157 views

What is the best way to proceed with a legal action against US company from abroad?

Some time ago I have signed a contract with Premiere (Premiere Event, Rise of the Phoenix Inc, NYS Corporation) with Michael D Palance as Director, US company which is looking for young talents ...
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2answers
88 views

Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?

Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)? For example, on Stack Exchange, do the questions, answers, comments, messages and ...
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2answers
105 views

What measures can the EU take if there are irregularities in EU parliament elections in a member state?

There are reports of EU citizens denied their voting rights in the UK during the 2019 European Parliament election in the UK. I assume there are ways to report them in the UK. But what can the EU do ...
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1answer
111 views

Is it legal to read leaked classified documents (Wikileaks, ..)?

Is it legal for a random citizen to read classified documents that were publicly published by actors such as Wikileaks ? Or should a citizen, once he knows that the document is classified, legally ...
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20 views

Do the Courts of European Union publish the full transcripts of proceedings?

I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
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3answers
85 views

Are the irritating web site warnings about cookies an intentional consequence of European legislation?

It seems that in the last couple of years, it has become standard for web sites to have irritating pop-over notifications that their web site uses cookies “to enhance your user experience” or ...
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2answers
136 views

What protections does Europe provide for US patents (that China doesn't)?

According to a NYtimes article yesterday Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered. I am trying to understand the context ...
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1answer
45 views

Can I sign multiple job contracts with different German companies?

I'm from a non-EU country, I have received some Job contracts from Germany. Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
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1answer
75 views

How to make data brokers delete my information without providing more information? Can I take legal action?

I've been reading this terrifying list of data brokers after finding my information in a Google search result. I want to reach out to the "high-priority" data brokers and get them to remove me from ...
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1answer
70 views

What is “a place where Member State law applies by virtue of public international law”?

Art. 3 (3) GDPR mentions that: This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of ...
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1answer
89 views

UK: Returning damaged items without option for free replacement?

I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain. The ...
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1answer
26 views

Which EU document or treaty article removed the internal customs in 1993?

From a EU customs union history: 1992 EU adopts the Community Customs Code. It assembles for the very first time in a code the provisions of customs legislation that were previously contained ...
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1answer
89 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 ...
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1answer
50 views

Mobile app broke after an update. Am I entitled to a downgrade / refund?

The immediate problem I have encountered is described here, but I'm interested in the general concepts which apply in situations like this. What happens if a paid app stops working after an update? ...
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2answers
176 views

Why would a lawyer accept a case that involved only $1.50 USD?

The European Union: Politics and Policies (2017 6 edn). pp 159 Bottom - 160 Top. To wit, how did Costa find a lawyer for such a picayune quantum? I'm cynical and reckon that only a few are open-...
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1answer
72 views

Does GDPR require consent for a processor to confirm or deny the existence of data?

Assume we have two separate lists of emails handled by two different processors. List A is gathered by company A in a way that the subject has given their consent for its processing for marketing ...
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4answers
239 views

Writing an easy-to-change will

Let’s take the following example: Alice is a web developer and she is in her 20s. She owns a business and some properties, bank accounts, Cryptocurrency wallets etc. She wants to write her will so, ...
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42 views

What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
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1answer
133 views

'Right to be forgotten' denied due to insufficient identification

I registered for a free online service with fake data while being underage. Years later I request to have the account deleted, using the e-mail address I registered with. However, to identify me as ...
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0answers
34 views

Heathrow public wi-fi and Data Retention Regulations

My friend visited Heathrow airport and he used their public wifi. He said that he had to provide only his name and email and got access to the Internet. He had not validated his email to get access, I ...
2
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1answer
44 views

Is permission needed to put an extract from a book in thesis as a quotation?

I want to use a couple of lines from "What is life?" by Erwin Schrödinger as a quote on the front of my thesis. Would I need permission from the publisher or would that be covered by fair use? Also, ...
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0answers
57 views

Removing my personal data ex-employer (RGPD/GPDR ?)

I work and live in France. I worked for a company last year but I quit working there months ago. Since I left, they still have not have removed some data accessible on the internet, like my first name/...
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1answer
3k views

Salesman text me from his personal phone

I recently went to a garage to ask about different cars and offers, the salesman took some details; phone and email, when leaving I said to him I would be in touch if I wanted to proceed. He called me ...
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1answer
49 views

Do you have to provide the name and email address of your data protection officer?

Looking at Steam's privacy policy, they don't provide an email address to reach the DPO nor do they name them: You can contact Valve's data protection officer at the address below. While we ...
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2answers
162 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 ...
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1answer
98 views

Article 13 - Block countries within EU

This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion. With the passing of article 13 in the EU, if a site chooses to ...
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2answers
167 views

When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?

So I've been reading through the new copyright directive proposal and saw the pastiche exemption. So take this hypothetical: I forgot how anime.js worked to animate something. I find a piece of ...
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35 views

EU Cookie Law: Consent required in addition to accepted privacy policy

According to iubenda [1], a cookie consent is required in mobile apps too, though I did not see many apps following this advice yet. The realization of such a cookie consent on web sites is typically ...
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1answer
97 views

Is age defined in the European Union?

I feel https://travel.stackexchange.com/q/134011/4188 should have been asked here so I am doing it. To travel with a discounted Youth Pass, you must be aged from 12 up to and including 27 on the ...
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27 views

Strong Customer Authentication (SCA) and taking payments without customer present

On September 14, 2019, a new regulation for authentication will be introduced in Europe. Known as Strong Customer Authentication (SCA), this regulation will apply to online payments within the ...
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5answers
8k 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 ...
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1answer
55 views

How does copyrighted material distribution and diffusion work on a legal level?

I work in technology, building platforms for companies, which comprise the creation of the technological product and production of the applications. I only want to work on businesses that I believe ...
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4answers
105 views

False advertising to consumers

My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that ...
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35 views

How does GDPR apply for normal email communication?

I am a member in an association and in charge of membership management and general IT. We exchange information about the work of the association by email using private mailing lists the association ...