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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61
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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 ...
46
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5answers
16k views

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
33
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2answers
5k 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 ...
32
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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 ...
21
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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 ...
21
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1answer
2k views

Can I waive my statutory rights?

I've noticed that Steam has recently added this bit of text to its review and confirm page: By clicking the button below to proceed you agree that Valve provides you immediate access to digital ...
19
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4answers
3k views

Why does browser cache not count as copyright infringement?

My browser is saving a copy of the web pages I visit on my computer. How is that not copyright infringement? in this answer I read: I would hazard a guess that displaying an HTML webpage online is ...
15
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3answers
8k views

Not registering my US born child of 1 US parent as a US citizen

I, a US citizen, married my wife, from EU country (not Britain), in the US. We live in the US while my wife finishes school (2-3 years) on an F1 visa and then plan to move to back to the EU. My wife ...
13
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2answers
97k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
12
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4answers
648 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 ...
11
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1answer
1k views

Q about consequences of a software license amendment regarding patents: Facebook's open-source “react”

UPDATE 22 Sep, 2017 "Relicensing React, Jest, Flow, and Immutable.js" (MIT license, PATENT file removed) https://code.facebook.com/posts/300798627056246/relicensing-react-jest-flow-and-immutable-js/ ...
10
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3answers
3k 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 ...
10
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1answer
267 views

Rules for Pseudonoyms?

What are the rules for pseudonyms, especially when used online? May I use a Ph.D. in my alias even if I don't have one? May I use a royal title in my pseudonym? Could I be sued for it and what would ...
9
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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 ...
9
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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 ...
9
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1answer
130 views

Fair use of text snippets in a dictionary

If a dictionary (about the use of scientific terminology) includes snippets from several sources, would an authorization be needed from each copyright holder? Each entry in the dictionary would ...
8
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2answers
2k views

How to report a sham marriage in Sweden

It makes sense to reject a sham marriage (marriage of convenience) arranged solely for the purpose of admitting foreigners to EU on false claims of "anknytningsperson" (loosely speaking "connected ...
8
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2answers
669 views

Does the European Commission have jurisdiction in the U.S.?

When U.S. corporations want to merge or are subject to acquisitions (for example Oracle acquiring Sun Microsystems in 2009) it seems they must seek approval from the European Commission --- which is ...
8
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2answers
741 views

Is everything between me and my lawyer confidential?

From the law point of view can I tell my lawyer EVERYTHING knowing that he is NOT allowed to disclose anything I tell him including crimes I did in the past or crimes I am planning to commit in the ...
8
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2answers
205 views

What kind of ownership do I have over articles I wrote?

So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me ...
8
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2answers
164 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 ...
8
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1answer
2k 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 ...
8
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1answer
100 views

Does Wassenaar Arrangement on the transfers of arms and dual-use goods and technologies apply to security training?

Does the Wassenaar Arrangement on the transfers of conventional arms and dual-use goods and technologies apply to IT security training? Does it apply to IT security training on exploitation ...
8
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1answer
253 views

Can teens travel alone in the EU?

I am a Slovak EU citizen. A bunch of my friends and I are planning to go on a trip to the UK for 2 months when we are 15. Our parents are fine with it, but are concerned about whether or not this is ...
7
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3answers
2k views

Can a service provider force a price increase?

My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I ...
7
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2answers
292 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
7
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2answers
41 views

Intra-community civil actions in the EU

'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract. Can 'A' sue 'B' under some harmonised community-wide procedure? If not, in which state does 'A'...
7
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1answer
174 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 ...
7
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2answers
322 views

Is it legal to organize a female-only event, assuming the topic isn't gender-specific?

I've recently seen a few "female-only" lectures about technical topics, organized by companies that try to promote the presence of women in engineering. While I don't feel like I'm discriminated (...
6
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2answers
1k 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)
6
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1answer
421 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 ...
6
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2answers
230 views

If photos are PII under GDPR, how are most photos on the web legal?

It has been established that identifiable photos of individuals are Personally identifiable information. They MAY even be Special Category Data. It seems to me that ones photo is the most personal ...
6
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1answer
331 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 ...
6
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1answer
81 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 ...
6
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1answer
63 views

Selling stuff online + fundraiser campaign questions (EU)

Let's say I have a friend who owns a factory and makes rings and necklaces according to my unique design (1000 pieces order minimum). I want to sell them strictly online, and I'm sure that I won't be ...
6
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1answer
102 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 ...
6
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1answer
2k 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 ...
6
votes
1answer
1k views

Resellers under GDPR - disclosure of data processors or countries of data storage?

A significant number of web-design and I.T. consultancy companies typically re-sell third party services related to their own as part of their product/service portfolio, to give a few examples, ...
6
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1answer
194 views

Does EU consumer law apply on products purchased in the EU but used abroad?

A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is ...
5
votes
4answers
399 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 ...
5
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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-...
5
votes
3answers
708 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'...
5
votes
1answer
8k views

What happens if I don't accept cookies?

Due to the so-called "cookie law", websites that are owned in the EU or are targeted towards EU citizens are now required to prompt users to store cookies. Most often this takes the form of either a ...
5
votes
1answer
106 views

Company makes confidential CV publicly available and searchable. Legal recourse?

A friend of mine was looking for a job last August. She sent CVs for various positions. Now, months later, somebody told her that if he Googles her name, her CV pops up. She tried it herself and sure ...
5
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2answers
602 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 ...
5
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1answer
103 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 ...
5
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1answer
257 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 ...
5
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2answers
3k views

In which circumstances can law enforcement of one country cross the border of another one?

Say someone have made a criminal offense in one European country (say France), the (suspected ?) criminal is in a car or any others means in which he can escape law enforcement officers pursuing him ...
5
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1answer
2k views

Is it illegal to sell malware?

Is it illegal to produce and sell malware? If no, is there any data I need to collect on the customers? Is it illegal to produce and sell Crypters(programs that hide other programs from antivirus)? ...
5
votes
1answer
185 views

Can I make fun of VW car company in a game?

I'd like to make fun of a company in a computer game (obvious parody/satire/etc.). Let's say I change the logo, so it's a "WV" in a rectangle instead of a "VW" in a circle and change the companies ...