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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.

73 questions with no upvoted or accepted answers
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47 views

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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38 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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157 views

Can a university in EU refuse to grant me a degree after I completed studies?

I have completed a 120 ECTS Master program in a research university in the Netherlands. However, to get a diploma, I need to make a separate application. I did not apply for the diploma in time before ...
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117 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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189 views

Can I get kicked out of the UK if they leave the EU?

I am an Irish citizen and I moved to the UK a few years ago. Now they are going to vote whether to leave the EU. I know they might decide not to apply the law retrospectively but by law- would they be ...
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65 views

Returning goods bought online in Poland as foreigner

I am a Czech national living just at the Polish border. I want to buy a laptop online at Polish online store called Morele.net. The store offers the goods to be sent to a Polish post office for pickup ...
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28 views

How does the EC Regulation on Insolvency Proceedings address cooperation between between EU and non-EU insolvency courts?

In particular, I am curious how the EC Regulation on Insolvency Proceedings addresses issues with cross-border corporate groups. The UNCITRAL Model Law contains provisions on the cooperation of ...
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80 views

How far does fair-use apply for a source that contains several critiqued resources?

As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under fair use law. Example: Under fair ...
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27 views

What are the reasons for the European Court of Justice to declare a legal act of the EU invalid?

The Article 267 of the Treaty on the Functioning of the European Union (TFEU) provides: The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (...
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42 views

Hiring freelancers in Germany

This question is the counterpart to Tax law and freelancing as a side-job in Germany. What are the laws concerning hiring a freelancer for a short project (for example an international freelancer ...
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39 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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32 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 ...
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56 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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24 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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45 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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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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110 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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75 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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47 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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211 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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145 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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115 views

Is this cancellation policy legal?

I reserved a motorhome in Iceland. On the invoice the cancellation policy was listed. I didn't pay the invoice and then cancelled the reservation 2 months prior to the starting date. I cancelled ...
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124 views

Under Irish law can the Gardaí give a person's statement to a 3rd party government department?

I have an Irish law question. I have tried to get a few solicitors to answer it but they seem unable to give me a concrete answer. I'm hoping someone on here can help or point me in the right ...
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29 views

EU spam legislation Spain, which action can be taken and to whom?

Me and hundreds of other people are receiving a unsolicited emails from a major Spanish based airline. They seem to not have an unsubscription feature and when contacted they refuse to delete emails ...
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114 views

How to register a descriptive European trademark?

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and ...
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46 views

Is EU treaty law supreme over domestic legislation?

European Union law is supreme over domestic legislation. So European Union regulations and directives take precedence over domestic legislation. But does this also mean the law contained within EU ...
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11 views

How to understand submission deadlines and reporting regulations of the European Securitisation Regulation?

I am currently reading through the Reporting Instructions for securitisations which states for non-ABCP securitisations on page 7: Information on the underlying exposures for non-ABCP ...
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22 views

How will Brexit affect ongoing court claims and existing judgements within the EU courts?

I am wondering how ongoing court cases and existing (i.e. pre-decided) unsettled judgements will be treated after Brexit? Moreover, I would like to know how judgements decided after Brexit for court ...
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44 views

Replace User ID with pseudonym, still need consent?

I use a service called Matomo (as opposed to Google Analytics) so that I can own the data collected, and I thought they were better in regards of user privacy. My goal is to avoid collecting any ...
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37 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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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/...
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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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52 views

Case law, statutory law, the UK and the European Union

I have been told that "statutory law" is a "blunt instrument" (presumably due to the cost of change?) and that the UK legal system has developed a system whereby a more flexible "case law" is used to ...
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45 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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30 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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22 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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1answer
58 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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51 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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50 views

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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46 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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1answer
347 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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24 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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485 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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52 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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94 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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70 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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26 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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36 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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45 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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82 views

Which information is it illegal to keep when a user wants to delete his/her account?

I am creating a company that offers a certain service to private individuals and professionals. I know that if someone wants to delete his/her account, we have the obligation to grant the user this ...