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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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117 views

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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2answers
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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1answer
229 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 ...
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2answers
456 views

What counts as material or non-material damage under the GDPR?

In Art. 82 GDPR: Right to compensation and liability it states: (1) Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the ...
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1answer
56 views

European nexus into U.S. through Google product?

I'm in the U.S. with my websites. I'm not under European Union jurisdiction unless my use of one or another Google product puts me under EU jurisdiction. I need to find out if any Google product gives ...
2
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1answer
78 views

GDPR, email lists, a few email subscribers in the EU

Situation: Say you are an organization that regularly sends out e-newsletter updates to an email list that has been curated over the years by people signing up at events and/or through online sign-up ...
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2answers
87 views

GDPR: what can I record about website visitors?

My use case is very simple. I have a website, on which I have articles that I wrote. It behooves me to learn about the people who visit my site so that I know what articles are popular and why, mainly....
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4answers
407 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 ...
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1answer
218 views

Parent company GDPR compliance

Situation: Parent company is registered in the EU member state but does not do b2c business in the EU and does not process personal data of Europeans. Subsidiaries are not EU companies and does not ...
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1answer
114 views

Should email addresses be anonymized/pseudonymized under GDPR?

GDPR states recommendation to pseudonymise or even anonymise Personal Data. A lot — most of — web sites and services require email address on signup. Should, from the Data Controller's point of view, ...
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1answer
52 views

GDPR - If am am allowing user to post on twitter and Facebook from my IOS app?

If am allowing user to post on twitter and Facebook from my IOS app, Do I have to get user consent ? If yes what do I have to mention in user consent ?
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0answers
20 views

If I am employed in Ireland and move to Germany for more than 6 months, can I be taxed on previously-taxed income?

Germany and Ireland have a taxation agreement which states in Article 14 that you are liable for taxes in a Contracting state if you spend more than 183 days there, even if your employer is from the ...
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1answer
104 views

Is Apple abusing its position with iOS by requiring MacOS to build apps?

In Europe, we have a concept of abuse of a dominant position. http://ec.europa.eu/competition/consumers/abuse_en.html When you develop an App for the very popular iOS devices, you're required to use ...
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1answer
44 views

Can we collect data from minors to operate a competition with a prize?

We're planning to run a simple competition at an event. It's a skill based competition (not a lottery), where the best score at the end of the event will receive an android tablet. No purchase is ...
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1answer
70 views

Dual Citizenship for Adults in Germany

My sister was born in 1997 as a Bulgarian citizen in Germany. She became a German citizen while she was rather young (5 years old if I remember correctly), while keeping her Bulgarian citizenship. ...
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1answer
45 views

Can UK stores charge VAT for goods sold to customers outside the EU?

I just came across a .co.uk online store delivering goods all over the world. Even though I specify both billing and shipping address outside the EU (New Zealand), the site keeps applying 20% tax. My ...
7
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1answer
969 views

Are internet forum posts considered personal data under GDPR?

GDPR defines "personal data" as any information relating to an identified or identifiable natural person. ‘personal data’ means any information relating to an identified or identifiable natural ...
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0answers
75 views

Is recording of other people in a work context without permission legal in Romania?

I am shortly going to Romania to perform an IT Audit. As an auditor, we often have to deal with people who become hostile towards us. For my own protection, in the United Kingdom I always video ...
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2answers
4k views

How does SE's arbitration clause hold up under the GDPR?

Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this ...
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0answers
71 views

Who is the data controller of users' data of a SaaS platform?

Person A is an employee of company B, which in turn is a customer of a SaaS platform from company C. Both companies are within the EU. The B company uses the software to keep track of its customers, ...
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1answer
122 views

Would a business that has no office in EU still have to worry about GDPR, and if so, why?

This question is inspired by this other question asks about how a (fictional) Small Town News USA Inc could prepare for GDPR. Although opportunistic lawsuits against US-based businesses on their ...
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2answers
63 views

Can a tax debt owed to an EU country cause me any trouble in another EU country?

I have recently left my country (Greece) and moved to Germany. While I am employed and everything functions perfectly, I have some debts to Greece's tax collection bureau. While I will be able to pay ...
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1answer
46 views

Schengen visa refusal

I am an Indian citizen based in the UK. I intend to make a series of trips to France in the next few months, but firstly, I intend to visit the Netherlands in April. In keeping with the rules in the ...
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1answer
75 views

Can I legally forward a work email to my personal email?

In the EU, am I legally allowed to forward an email containing a conversation with my coworkers / bosses (no confidential information) to my private email address?
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0answers
33 views

Is there an equivalent concept to Acquiescence in EU/Germany?

For context: https://en.wikipedia.org/wiki/Acquiescence The equivalent page in German states this is in "Common Law", i.e. applies to english-speaking countries. Is there something similar in German ...
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1answer
34 views

Looking for a name of a construct which is treated “like a standard” in the EU

Usually, technical standards are created by dedicated standards bodies such as ISO, DIN or ANSI. But I heard that there is supposed to be another construct which can be produced by professional ...
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1answer
90 views

Should the decision about an Extradiction be based on the Legistlation or on the Juristiction of the executing member state?

The case of the extradiction of the Spanish politician Carles Puigedemont made me wonder whether the justification of the partial non-execution of the European Arrest Warrant (EAW), decided by the ...
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1answer
495 views

Does vehicle information count as personal data?

Does a car’s registration number count as personal data under the EU’s General Data Protection Regulation? How about the VIN? (Vehicle Identification Number)
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1answer
161 views

Is it illegal for a search engine to not provide an option to opt out of saving search history?

Currently Bing search has no option unlike Google search to opt out of saving history. Although Bing search can be set to not save history, it still saves the history of the user in the Microsoft ...
5
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4answers
249 views

Is less than 3 years a legally sufficient lifespan for a TV in the UK/EU?

I purchased an LG TV from Argos on 26/05/2015. Problems began around six months ago, with a dot surrounded by a circle flickering in a specific place on the backlight (not the pixels themselves, only ...
2
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0answers
45 views

How will GPDR effect the use of peoples names as unique identifiers?

I'm a network admin at work, and in some circumstances peoples names as used as identifiers for rules, maybe for DHCP, or firewall rules to explain why a rule exists. 'Bob McBobberson needs access to ...
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1answer
1k views

Are chat logs against the new european GDPR?

Is keeping logs of chats (e.g. IRC, in this specific case Twitch chat) against the new European General Data Protection Regulation? I know you can't save data which can be linked to a natural person ...
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2answers
101 views

Can copyrighted work be distributed for free if it was done so by the owner previously?

Once upon a time a UK music band put one of their songs on their website for free download. Time has passed, the website has changed drastically and the song is not available there anymore. Neither it ...
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1answer
221 views

Why did Microsoft not have to publish the protocol for Skype?

Microsoft was forced to publish its protocols in 2007 as a result of the competition case brought by the European Commission. These are available at Microsoft's Open Specifications page including, ...
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3answers
299 views

Can two companies have names that are similar in EU?

Can two companies that are offering the same services in Benelux have similar company names? Both company names have been registered with www.BOIP.
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1answer
194 views

Do employees have personal liability when working for a company that violates the GDPR?

I work for a company that doesn't take privacy laws very seriously. As far as I can tell, they're woefully unprepared for GDPR and don't seem to care very much. My tasks mainly consist of software ...
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1answer
67 views

Can police refuse criminal case about stolen mobile phone? How can such crimes be investigated?

Mobile phone and some precious things were stolen from my friend, but the police refuses to start a criminal case (proceedings) to investigate the crime. They are saying that the thief cannot be ...
3
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1answer
240 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 ...
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0answers
51 views

Prohibition of filming in private shop (German law, other European countries would be interesting too)

There is private shop which has club apartments, it is expressly said and expected that no filming can be done in the club. The actions in the club are quite sensitive, they are not illegal or ...
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0answers
399 views

Is disclosure of subprocessors absolutely necessary under the GDPR?

Under the GDPR regulations, is there a way of avoiding the need to disclose the full names and details of subprocessors? Must I absolutely declare this information in the appropriate manner or can I ...
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0answers
29 views

Meeting the “traditional” requirement for Protected Designation of Origin (PDO)

The EU's Protected Designation of Origin (PDO) scheme is defined in Regulation (EU) No 1151/2012 of the European Parliament and supplemented by Commission Delegated Regulation (EU) No 664/2014 (http://...
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1answer
43 views

(How) Can I easily export produce from Serbia to Sweden via Hungary?

I am from Sweden and I have a friend who lives in Serbia. My friend produces cheese, honey and wine. I'm helping my friend to investigate what would be involved in order to export his produce to ...
2
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1answer
79 views

Package recieved after full refund, illegal to keep it? [duplicate]

So I ordered a package with a company (chinees company), after it not arriving and reaching the deadline I got a full refund (490 USD). The day after I received the money, I bought the same product ...
2
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2answers
125 views

Does the EU GDPR apply to these types of natural persons?

Does the GDPR apply to a website operator who is a natural person (not a company or non-profit) and uses the website directly for commercial activity uses the website to advertise his/her other ...
2
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2answers
53 views

Is it a fault if an item cannot be repaired?

In the UK (and the rest of the EU), if you buy an item as a consumer, the seller is responsible for the item working for a reasonable amount of time. That time runs out eventually, and then you have ...
5
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1answer
212 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 ...
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1answer
347 views

Why aren't foreign VPN companies forced to keep logs?

This link explains the inconsistency with what VPN services consider 'logging'. Certainly, there is no way for us to verify their claims without an extremely rigorous independent audit. But even that ...
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1answer
108 views

Is it illegal for an employer to give a job applicant an unfair advantage in the selection process?

Diana was invited to pre-employment test for a job. But it appeared that that the content of test was the same as last year, and she knew that content because of her friend who passed the same test ...
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1answer
25 views

confidentiality disclaimer Spain / EU

Ive, recently had some email correspondence with a company based in Spain regarding a reimbursement for poor service received. The company's email went to great lengths to communicate the ...