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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21 views

Can internet providers use navigation data for advertising / profiling?

My internet provider knows which sites I am connecting to (even if only the server names, when using https). Can they legally use that information for profiling / advertising? For instance, if they ...
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27 views

Can a J-1 postdoc start a remote job abroad?

I am a postdoc in a US university on a J-1 visa. I have found a tenure-track faculty position in Europe, and would like to start there soon. However, it's not clear if I will be able to travel in time,...
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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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50 views

What is meant by “dependent parent” under EU law (Free movement rights)?

What is meant by "dependent parent or even dependent grandparent" under EU Free movement rights of Union Citizens (and to bring their non-EEA family with them)? Grandparents are more likely ...
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2answers
51 views

Irish citizenship or Permanent residence after 5 years of residence for EU citizen and their non-EU Family?

European Union law secures EU Citizens' right to travel in the member countries freely. They can also bring their non-EU family member(s) with them in certain instances. This page mentions that: ...
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136 views

What article implies that foreign non-EU citizens have to pay VAT for goods and services purchased online?

I'm a Russian citizen. I've noticed that literally all online EU shops and service providers (e.g. web hosting) add VAT to the price. I've spent some time looking for an article that implicitly states ...
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111 views

How do you obtain evidence for GDPR violations?

What happens when say company EvilkorP sends untrue information and/or information that it is not entitled to share to company Y, and EvilkorP asks company Y to mention some fact about the victim (you)...
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1answer
77 views

Does my own company also need to be EU-US Privacy Shield certified if we use AWS to store data of European customers?

We're based in United States. We understand that any sub-processor that we use should be EU-US Privacy Shield certified and GDPR compliant. So, we can use AWS and Google Cloud. Both of them are EU-US ...
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1k 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 (...
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1answer
53 views

Can I leave a EU country (Germany) with an expired visa but with a another already being created?

The case of my friend is: she lives in Germany, has a visa that is already expired, and she already paid for a new one and it is being produced, but the waiting time is 2+ month. She can't wait ...
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2answers
143 views

How can German supermarkets get away with not following the EU regulations, which have been established long ago?

Since 2011, EU regulations on food labeling states require most foods label's to contain nutritional facts of the food. However, as a person who has been living in Germany for a couple of months, it ...
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40 views

CE certification for toner cartridges of laser printers

Concerning toner cartridges and drum units of laser printers, I'm interested in ascertaining whether, according to European Commission Directives currently in force, a CE Certification document is ...
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1answer
200 views

Is abortion of children with Down's syndrome legal in EU?

In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And ...
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31 views

Would distributing a vocabulary list for a copyrighted work violate the copyright of the original work?

I am considering the scenario where a vocabulary list is produced for a movie or book through use of an automated program, perhaps with manual cleanup. I get the impression that the copyright status ...
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188 views

Does Air France Cancellation policy violate EU 261/2004

Related to https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261 but this question is explicitly about legality as compared to "how to approach ...
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128 views

European prohibitions on bullbars on public roads

I am looking to drive my American SUV in Europe (mainly in the UK, but also probably France, Italy and Germany). I have a hefty bullbar on both the front and back of my 2002 Chevrolet Suburban, ...
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53 views

Suing a Spanish company in Spanish courts as an UK citizen - Brexit

I want to sue a Spanish company and I'm a UK citizen hence currently an EU citizen. I've been told EU citizens have a right to sue Spanish companies through Spanish courts, whereas non-EU citizens ...
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3answers
1k 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'...
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1answer
71 views

Accepting two offers from two EU countries

I had an offer from a Spanish company last month and I accepted it. And because I am a non EU citizen I need Visa process to be completed before I can join I am waiting for some documents here in my ...
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2answers
165 views

The right to hide one's password

It's well known that you should never reveal your password to anyone -- including your boss, your sysadmin, etc. My friend's former boss has sued her, demanding (among other things) the password to ...
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1answer
35 views

Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is ...
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1answer
155 views

Are online retailers breaking EU/US law by using user's log-in information to charge different prices without explicitly notifying them?

I am aware that in most places firms are generally allowed to price discriminate, i.e. offer different prices for the same product to different customers based on personal characteristics. For example,...
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11 views

A question regarding becoming European and German patent attorney

I'm thinking about becoming an European and German patent attorney. I'm right now studying electronics, but consider myself closer to informatics, and software development. As far as I have researched,...
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47 views

What does “in particular” mean in EU legislation?

The context of this question is the Schengen Borders Code, but the question itself is about the underlying principle of interpretation, so reference to interpretations of other texts in judicial ...
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34 views

Validity of automated GDPR subject access requests

If a software product was distributed that automated the creation and sending of GDPR subject access requests, do these request impose the same legal requirements on the data processor as if the ...
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1answer
382 views

Can you seek asylum for not wanting to do your mandatory military service in your home country?

Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without ...
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33 views

GDPR and contact tracing

Alice has a business relationship with Bob, which involves both keeping contact information and enough physical interaction to count as a contact. Charlie contacts Alice and requests Bobs contact ...
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2answers
57 views

EU-Wide laws on Crime and Punishment (of individuals)

Although at present there is no 'Single Market' for Crime and Punishment, is there mutual recognition of Criminal Laws across all EU members, such that any offense commited in one Country is also an ...
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2answers
852 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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2answers
5k views

How to store refusal of cookie consent

If a user refuses cookies on a website, then how can that website store that refusal? As far as I can tell, the GDPR requires you to store both consent to and refusal of personal data storage. But it ...
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1answer
55 views

Does antitrust law allow for a monopoly that strictly benefits consumers?

Antitrust law has long existed under the premise that more competition is better for the consumer. But what if a monopoly were to eliminate competition, and then use the increase in efficiency of an ...
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1answer
53 views

Is the invalidity of the Data Retention Directive completely retroactive and what are the implications w.r.t. the Charter of Fundamental Rights?

On 8 April 2014, the Court of Justice of the European Union (CJEU) declared the 2006/24/EC Data Retention Directive (DRD) invalid because it violated the rights guaranteed by Articles 7 & 8 of the ...
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2answers
58 views

Are there any HIPAA like technical requirements in EU for developing health related web software?

It looks like in the USA developers adhere to HIPAA standards when developing and hosting health-related software. But I can't find anything similar to the EU. GDPR is all about being transparent and ...
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1answer
148 views

Is it GDPR-compliant to require *public* publishing of personal info as condition for access to a service?

Background: For roughly 2 decades I've run my own private email infrastructure for myself, open source projects, and a few other individuals over business internet service intended for such usage. I'...
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1answer
82 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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28 views

Can an EU country claim tax fees of an orphan pension refund of times where the affected person resided in another?

Explanation at the example case: Person A is an orphan and was moved from an EU country X to another EU country Y. Lately, after a few years his pension claims were successful and he has received a ...
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1answer
92 views

Color-blind handicap discrimination and EU law?

Every year in the USA, nearly 700,000 car accidents are reported by police as stop sign violations, accounting for 2/3rds of crashes. Stop signs are mostly red and for the 4.5% of people that are ...
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2answers
101 views

Is it illegal to deliberately cause someone stress?

It is not legal in most countries to disrupt someone's success, but mental stress does cause disruption. Thus the question, is this illegal? and in which forms?
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3answers
119 views

Can Banks legally use Encrypted Ledgers like in Private coins?

Seeing so much news about blockchains and banks I have a question that I may need your help. Taking in consideration the Bank Secrecy Act, can a Bank use a completely Encrypted Ledger? KYC is still ...
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2answers
63 views

If a website receive an attack by an Hacker, who is evanutally liable for the data breach?

I'm trying to create a very general example, i know there are surely hundreds of variables that must be analyzed but even just some general considerations from who had some experience can be useful ...
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7answers
8k views

Is there an EU regulation mandating companies' IT equipment to be changed every three months?

I had visited with my university a Greek IT company that specializes in refurbishing used computers and peripherals. The executive that toured us had mentioned that there is an EU regulation that ...
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1answer
44 views

Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
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1answer
39 views

Does the European Union allow to store medical (sensitive) data in cloud platforms such as Amazon Web Services or Google Cloud?

Does the EU allow to store patients medical data in cloud databases from providers such as Amazon Web Services or Google Cloud? What are the legal requirements? Can you point at some legal source ...
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18 views

Is there a comprehensive web source for a list of european union protections against aggresive contracts?

Some time ago I found interesting information on the web about additional legal protections that customers from the European Union automatically have when signing up to various services (even services ...
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1answer
58 views

Price fixing concern (UK competition law)

I run a sporting events website where freelance photographers that have been to the events are free to upload their shots for sale, and I take a commission of anything they sell. Every photographer ...
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1answer
38 views

CanI use the figures in research papers or books for YouTube videos under fair use?

I am in Europe. Can I use the images of research papers or books to make an educational YouTube video under fair use? The videos will be monetized and I might have sponsors or receive money by Patreon....
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2answers
57 views

How can tax residency be proven within the EU?

I am aware of tax residency 183 days rule which in theory obliges you to pay taxes to a country where you reside 183 days or more. The thing that I do not get is how can this be applied to EU ...
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1answer
128 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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56 views

Should I actively try to tell If I am being ticketed?

I lived in Finland for two months. During these two months, I have submitted a form, where I told finnish postal service that my Finnish address is the one where they should deliver my mail. A week ...
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64 views

Facebook vs GDPR - Is Facebook never deleting the Searches you do?

I frequently delete the Search History from my account's Activity Log. However, every time I start typing in Search, Facebook seems to remember perfectly searches I've done in the past. Suggestions ...

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