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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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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 ...
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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 ...
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1answer
34 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 ...
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49 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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20 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
117 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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1answer
105 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 ...
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3answers
320 views

Is it illegal in the EU / in Germany to download a scientific e-book?

Suppose there's a scientific monograph I really want to read but don't want to buy. I find an e-book on some website (where it is accessible to the public without restrictions) and download it. I don'...
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3answers
175 views

What law forces cookie dialogs on websites?

The Web is now covered with poorly designed, intrusive and ineffective dialogs warning about cookies. Presumably this is as a result of an EU directive. Which UK law enacts this directive?
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1answer
59 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
60 views

What happens if you commit two murders in two different countries (not your own) and is apprehended in a third country?

What happens if you commit two murders in two different countries (not your own) and is apprehended in a third country? How will the countries most likely come to an agreement, and how long might the ...
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43 views

Verifying the law around hosting an online crypto casino in the US

Can a site operator, resident in the USA in a state that doesn't allow online gambling, legally run an online casino site, provided that the site Terms And Services document states: it is ...
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1answer
21 views

Counting UK Statutory Instruments implemented annually enacting EU legislation?

Is there a convenient way of determining the number of UK Statutory Instruments implemented annually as a direct result of EU legislation? This page shows the totals, but I cannot see a way of ...
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2answers
81 views

Are all statutory instruments in the UK subordinate to an Act of Parliament?

Are all statutory instruments in the United Kingdom subordinate to an Act passed by Parliament? If so, is the intention that the thrust of law is democratically accountable, but for expediency the ...
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0answers
21 views

Partially Paid by US entity under B1/B2 Visa or Visa waiver. Is it legal?

My EU employer is an affiliate company of a US company. Whenever the EU company’s employees are required to travel to US (under B1/B2 visa or a Visa waiver program) for some meetings with some US ...
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1answer
60 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
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1answer
41 views

Identity of the controller (GDPR): can any website now ever be anonymous?

No matter whether a website collects personal data or not, it seems that a privacy policy is required anyway, and such a policy should contain (citing article 13 of the GDPR, first paragraph): (a) ...
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29 views

Secondary Battery Claim under ADR

I am working for a company that sells gardening / power tools powered by a Li-ION battery, the device not the offence. (3.6V 1S1P single cell up to 40V 10S2P). When the customer (private person, John ...
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0answers
17 views

Can I register a company name in the US if there is another company in the EU with the same name?

I'd like to register a trademark here in the US for a company name (an IT consulting company) and there is another company in the EU (registered under WIPO) that has the same name but differing ...
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2answers
700 views

If I don't patent my invention, how closely can a competitor copy my product?

Introduction: I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving ...
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1answer
38 views

Online purchase of a digital product locked away, are they legally required to provide the items?

I (European based) purchased multiple digital objects for an online game (US based) in 2014. In 2015, the account these objects were on was 'frozen'. (Reason stated at the time was cheating.) I quit ...
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1answer
366 views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
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1answer
21 views

Is there a site that lists all EU members' Statutory Instruments for specific laws (like MLD4, UCITS etc.)

I'm new here and don't have a law background but my field (finance) often overlaps with legal aspects quite a bit. I was hoping someone might be able to steer me in the direction of a good (free!) ...
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1answer
74 views

Copyright violation: Can a producer/film-maker file a lawsuit if one download a pirated version of their movie?

Recently, a company in Denmark called "Njord Law Firm" sent out about 25,000 penalty letters to Swedish citizens regarding downloading pirate movies from Piratebay, Popcorn time, or as such. They got ...
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1answer
72 views

Can a company charge a fee for erasure under GDPR?

Suppose a company has a mailing list to reach out to potential customers. They send both physical and electronic mail. One EU-based potential customer does not want to receive mail anymore and ...
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1answer
53 views

Employee intimidation

A relative of mine has worked at a small company for the past 10 years as a senior design engineer. The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
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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 ...
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1answer
137 views

Can a landlord refuse my request for rental because of my fluency in the local language

Summary I live in Czech Republic and during my search for a new flat, a landlord refused to rent me the flat because I am not fluent enough in the local language. Is this a legitimate reason for ...
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37 views

The Ancillary Copyright in the European Union

On 12th September the European Parliament voted for an "Ancillary Copyright" (as well as Uploadfilters) for Press Publishers, which will hold even for smallest snippets of press publications: https://...
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1answer
71 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
64 views

GDPR and personal data that gets crawled and ends up on other websites

Data controllers must delete the users' personal data if they are asked to do so, according to the GDPR, except in some cases that don't really apply here. But what if that personal data has ended up ...
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1answer
172 views

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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54 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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1answer
30 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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1answer
82 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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2answers
144 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
61 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
145 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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1answer
63 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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1answer
44 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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75 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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0answers
45 views

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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1answer
52 views

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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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 ...
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0answers
39 views

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
86 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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1answer
96 views

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
31 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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1answer
36 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
468 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 ...