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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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86 views

GDPR - Confirm company terms and conditions by button click

This May the General Data Protection Regulation (GDPR) will be applied across the EU. I read somewhere that users have to always 'opt-in' after this law is effective. Since I'm concerned about ...
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1answer
59 views

UK (and EU) Ban on Credit Card Charges, does that cover Business to Business (b2b)?

The UK Government are bringing in a ban on credit card surcharges on 13th of Jan 2018 (based on a EU directive), but I can't find any information whether this includes b2b or not.
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34 views

Have watermarks in digital downloads ever been used to prosecute uploaders?

Most digital downloads (music, ebooks) today are protected by watermarks. But I'm not aware of any high-profile cases where these watermarks have been used to prosecute uploaders of said works to e.g. ...
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1answer
181 views

Is an incentivized consent considered freely given in GDPR?

Let's say someone offers you 50 bucks if you opt-in to a consent; would that consent be still considered freely given in the eyes of GDPR (General Data Protection Regulation)? My understanding is ...
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0answers
79 views

Are women only scholarships legal under Irish / EU law?

As a student of a software engineering course I tend to receive tech related emails. Over the last year I've received 3 scholarship related emails of which all were titled with something along the ...
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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 ...
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1answer
133 views

What is considered sufficient evidence to prove the usage of unlicenced software?

It is well known that some software products "call home" to inform their distributors how the software is used and whether it conforms to their licensing terms. When someone pirates that software, ...
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1answer
322 views

Is Running Tor software legal in Europe?

What is the legality of doing the following, under European and, in particular, Spanish law? Using the Tor browser Setting up a Tor relay Setting up a Tor exit node
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232 views

Non-immigrant divorce in USA

I'm the owner of an L2 visa and I currently live in America. My visa depends on my husband's L1 visa. We are both non-immigrants. -Is it possible to divorce here in America even though we got ...
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1answer
71 views

Can I count unique users without a cookie warning?

Is there a way to count (approximate) unique users on a website without having to display that silly cookie warning? The usual way to track unique users is to set a cookie. An alternative (less ...
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1answer
73 views

EU regulation for medical device communication encryption

In the US, HIPAA mandates that data communication with patient or healthcare data must be done according to FIPS 140-2 (pdf). E.g. use AES encryption with 128 bit keys or greater to encrypt. Are ...
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1answer
102 views

Non real currency gambling website

Say i make a website, a website where you can deposit "virtual" currency, as in credits from an RPG or any other game that allows ingame trading with other players. after a deposit, players are ...
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1answer
139 views

Is it against the EU freedom of movement for Italy refuse entry to an EU citizen with only an ID card flying from outside the EU/EFTA?

Apparently, as stated in Timatic, a database operated by IATA and used by airlines to establish whether a passenger can enter the destination country, Italy recently introduced a restriction that non-...
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1answer
251 views

GDPR vs. Credit Card Chargebacks

I work for a company where we take credit card payments for the services we provide. As per the Card Scheme rules, the cardholder can request a charge-back up to (in the case of Visa) 13 months after ...
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2answers
58 views

Can a seller/producer control future sales of a product?

Let's say I'm an international fruit distributor, and with at least a basic knowledge of economics I know I'm going to need to sell my fruit at a significant discount to less developed regions as ...
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0answers
164 views

EU data locality

Quite a few EU based customers are requesting data locality information in preparation for GDPR which becomes effective on May 25, 2018. However as far as I can tell GDPR contains no requirements for ...
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1answer
51 views

What's the meaning of “damages” of copyright infringement under a copyleft license?

As a general rule, civil suits for copyright violation exist to recover damages caused by the violation, and prevent future damage thereof. Under that standard, a rather novel form of copyright seems ...
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2answers
489 views

GDPR (General Data Protection Regulation) - crypto-shredding or regular delete?

The introduction of the GDPR (General Data Protection Regulation) in May 2018 for all businesses targeting EU citizens raises questions regarding the Art. 17 right to erasure, also known as the right ...
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1answer
78 views

When an EU directive is repealed, what happens to member state law?

It's my understanding that when the EU make a directive, member states then transpose it into force, usually with legislation. But what happens when an EU directive is repealed? Do member state laws ...
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1answer
32 views

Taking and publishing photographs of military vessels in EU

I'm a French citizen. In a recent trip to Ireland, I took a photo of an Irish military vessel entering the port. By curiosity, I started checking whether it is legal to first take, and then publicly ...
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0answers
56 views

Did Lithuania's Provisional Law on Citizenship Apply to Children Already Born?

According to the website of the Constitutional Court of Lithuania, the 1919 Provisional Law on Citizenship made one a citizen of Lithuania if one of the following conditions was met: (1) persons, ...
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1answer
157 views

Why don't Nordic countries have codes of private law?

I'm aware that there are some major differences between Scandinavian law systems and other European systems, e.g., the fact that Roman Law had very little influence in Scandinavian countries. But why ...
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1answer
75 views

Are there any legal limitations to using IP based authorisation so that only users from client premises can have access to cloud?

We have a cloud-based B2B solution that is meant to help them collate and manage their operational data. One of clients wants to ensure that their employees can only access their data from devices ...
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1answer
150 views

Examples of shareholder derivative lawsuits where shareholders prevailed ( USA/EU/Canada)

When a publicly traded company's stock value falls due to some incident or event faced by the company, the shareholders have sued the company alleging breach of duty among other causes of action. The ...
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2answers
388 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
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2answers
299 views

What are the limits on categorising someone's statements as 'hatred' in regard to freedom of speech?

In the US there exists a freedom of speech. (There is a similar concept in other countries). This is guaranteed by the first amendment. John Stuart Mill argued for a limitation to free speech, known ...
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0answers
64 views

Are data processors allowed to locally store live customer information for testing GDPR

We develop software for another company and use their live data to test our applications locally before they go live. This means we keep live customer information on office computers. Will this be ...
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1answer
111 views

Website harrassing for payment for a trip I did not book.

For the past few day I am receiving emails in my gmail account from a travel company based in Belgium, SEE-EU asking for a payment of around 1000 euros for a trip to Switzerland. Initially I did not ...
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3answers
950 views

GDPR: Citizens with Dual Nationality?

Do the GDPR Regulations apply to processing data of a citizen who has dual nationality?
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0answers
25 views

Providing services to only nationals (eu country)

Within the EU, are there any provisions which discuss how businesses should/are allowed to treat customers based on type of residence. Context: First heard about a shop which was refusing to sell to ...
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1answer
29 views

EU consumer protection and failed update

EU consumers have laws that protect them when they buy products of unsatisfactory quality. Roughly speaking the seller is responsible for some time if a fault was present in a product when it was ...
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2answers
394 views

VAT in B2B transactions between two EU countries

If I were to buy some equipment as a d.o.o. from a site that offers business to business (b2b) payment model, I was told I would not have to pay VAT on that equipment. Note that the shop and d.o.o. ...
4
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1answer
3k views

UK: What constitutes reasonable consent for not allowing tenants to keep a pet?

I'm currently renting a house in the UK and have been for 6 months now. The tenancy agreement states, you may: 'Not keep any cats or dogs on the property. Not keep any other pet, animal, bird, reptile,...
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1answer
310 views

3 Months Probation extended for another 3 months but new contract states that no previous employment counts as part of continuous period of employment [closed]

I live in Dublin, Republic of Ireland and I was hired on the 21st March 2017 on the agreement of 3 months probation review to see how well I perform and if my performance was satisfactory then I will ...
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2answers
82 views

What is considered “too similar” in copyright? Game Development Specific

I have been looking up the laws of copyright for games. A lot of the stuff you find is pretty vague so it can be extremely difficult to have a good understanding of what you can/can't do. There are a ...
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0answers
28 views

What is the legally required equipment to cycle in Spain?

I am looking forward to cycling between Almonte and Matalascañas this summer and I don't know Spanish at all. Can anybody tell me what equipment do I need to cycle between towns? I don't need any ...
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2answers
82 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. ...
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2answers
104 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 ...
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1answer
59 views

Income tax: Developer working from home office for foreign company

Where should an income be taxed if a developer (programmer) works from his home office in the Czech Republic for a company incorporated in Malta? The company sells a global service worldwide.
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47 views

EU law about name change on airplane tickets

The question is pretty much straightforward: suppose I marry and change my family name to the one of my spouse or viceversa, and suppose I have bought a reservation/ticket for a flight with one of the ...
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1answer
556 views

To comply with GDPR, do I need passwords hashed?

I currently have a website that will be going live soon. The passwords are hashed. Is that all I need to do to comply with General Data Protection Regulation's encryption article? Please cite and ...
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0answers
105 views

What happens if I accept work contracts in two EU countries at the same time?

I am going to accept a job in Dublin, Irealnd but I also have an opportunity of getting a work contract in the Czech Republic. The latter job would be mostly remote (it would require me to visit the ...
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0answers
32 views

Is it legal in Finland/EU for employer to claim intellectual property rights for something created outside working hours?

AFAIK employee retains the IP rights for something he/she creates outside working hours (not using employer's equipment) in some US states (like California). How about EU countries, Finland ...
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1answer
72 views

Where to pay taxes if working remotely and freelancing

I am a student, and I am thinking to start working (freelancing) on an online platform where I will deliver online courses that people will pay to have access. The platform, as far as I am aware does ...
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1answer
86 views

Signed a contract with employer stating they own all my IP; they sent an email saying its only for competing products. Should I be worried?

I recently joined a large IT company, before joining I had concerns with my contract, it states that they own all rights over what I create (from ideas, software, you name it). I love making my own ...
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2answers
2k views

Does any host provider currently comply with GDPR?

According to Rec.81; Art.28(1)-(3) of the GDPR regulation, "The carrying-out of processing by a processor should be governed by a contract or other legal act under Union or Member State law, binding ...
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1answer
36 views

What constitutes PII w.r.t. DPA \ EU legislations?

I have the following data items: Name Office Department Parking space number I'm using What is personal data? – A quick reference guide to figure out what out of these items would be regarded as PII....
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1answer
42 views

European Air Passenger rights - Must airline pay?

Short story: Air Berlin went on strike last October - we got home 15hours later - Air Berlin have said euro air passenger rights penalty/rewards are optional, they also said flight was cancelled due ...
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0answers
43 views

Bank accounts after leaving UK

I wonder what should I do with my bank accounts after leaving the UK. Is it legal or illegal if you still you account in the UK when you are living outside EU now - and if you are not an EU citizen ...
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1answer
141 views

Is it legal for Maltese border officer to ask where an EU citizen is coming from?

Long story short: the officer first checked my passport, then asked me where I was coming from. I replied that he had no right to ask such question and that me not answering wouldn't be a valid reason ...