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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.

60
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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
votes
5answers
15k 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 ...
30
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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 ...
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 ...
20
votes
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 ...
18
votes
4answers
2k 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 ...
13
votes
2answers
83k 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 ...
11
votes
1answer
999 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
votes
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 ...
10
votes
1answer
235 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
votes
2answers
752 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 ...
9
votes
1answer
127 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
1k 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
votes
2answers
590 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
votes
2answers
588 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
votes
2answers
191 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
votes
1answer
95 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
votes
1answer
233 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
votes
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
votes
2answers
135 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 ...
7
votes
2answers
269 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
votes
2answers
33 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
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 ...
7
votes
2answers
181 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
votes
2answers
145 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
votes
1answer
71 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
votes
1answer
57 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
votes
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 ...
6
votes
1answer
837 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
votes
1answer
76 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 ...
6
votes
1answer
147 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
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 ...
5
votes
1answer
90 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
votes
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 ...
5
votes
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 ...
5
votes
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 ...
5
votes
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 ...
5
votes
2answers
2k 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
votes
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
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 ...
5
votes
1answer
181 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 ...
4
votes
5answers
5k views

Is it legal to drive a vehicle with the driver wheel on the opposite side?

A few years ago I was in Belgium for a music show. Given that the singer was famous, people came from other countries, including buses from the UK. Naturally the driver seat on an UK registered bus is ...
4
votes
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 ...
4
votes
1answer
2k views

What legal ramifications can be imposed for making a item appears as though it has been stolen in transit, and then allowing the vendor to replace it?

I once crossed paths with an individual boasting about his technique for getting free stuff. He would go online and search for people selling second-hand "nearly new" gear that was still within their ...
4
votes
3answers
123 views

Why are damages awarded in civil suits far higher in the US than (continental) europe?

In Bollea v. Gawker, Bollea was awarded $140 million damages for "invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress". This seems orders of ...
4
votes
1answer
5k 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 ...
4
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1answer
59 views

Can online business in one country deny access via terms of service to entities in another country?

Can an American company state in their terms of service that if an entity is from a designated country they are not allowed to use the service? In other words would that be a legal and enforceable ...
4
votes
1answer
120 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 ...
4
votes
3answers
179 views

Would the UK still have to leave the EU if they changed their mind after invoking Article 50?

After the brexit referendum results came in, there has been a lot of talk about Article 50 of the Treaty on European Union: Any Member State may decide to withdraw from the Union in accordance ...
4
votes
1answer
116 views

What if the law changes after your proces begins?

What would happen if there is a law change and those laws had had an influence on your case? Some scenarios, what would happen: The law you are sued for is deleted ... while your process is going ...