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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9 views

EU privacy and data protection law for small WhatsApp group

We have created a small WhatsApp group to feed poor people and street children who are Covid affected in India. We are people from the EU, US, Australia and even from India. Members want transparency ...
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1answer
60 views

Using copyrighted content as a profile image in the European Union

In online communities such as the StackExchange network, many people use images of their favorite movie or comic characters as profile images/avatars. In the US, this is apparently legal due to the &...
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1answer
88 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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55 views

Reusing copyrighted content (science/EU)

This question is similar to Can taking notes violate copyright? Is taking notes copyright infringement? However, I seek an answer in the context of the laws of the European Union (not, necessarily, ...
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5answers
7k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
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1answer
32 views

What are the limits of service provision/PII consent for compliance with GDPR?

Most of the internet business model can be described as providing data in exchange for seeing adverts. These adverts are worth a lot more if they can be targeted. The GDPR applies to this, such that ...
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1answer
48 views

What is defined as low or minimal risk artificial intelligence, and which obligations does it have in the EU Proposal for AI Regulation?

The 2021-04-21 Proposal for a Regulation on a European approach for Artificial Intelligence (Proposal for a Regulation on a European approach for Artificial Intelligence.pdf) mentions: The regulation ...
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2answers
70 views

Creative commons attribution and GDPR

When using content released under an open licence such as creative commons, it might be required to provide attribution to the author. For instance, if I were to use this image from Wikimedia Commons ...
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1answer
80 views

Can a company claim they acted in good faith in this situation?

Let's assume that Hacker Corp. offers a penetration testing service to other businesses, and ACME Corp. contacts Hacker Corp. to conduct a penetration test for some internal testing. Hacker Corp. ...
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1answer
159 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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1answer
47 views

Does the Data Protection Act 2018 in UK require users of a website to explicitly

Now that Brexit has happened, GDPR no longer takes effect in UK. However, the Data Protection Act 2018 will continue to apply. With GDPR's Article 6, a website is required to request explicit consent ...
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1answer
50 views

How far up the chain of internet provision does my GDPR responsibility go?

Say I host a web page on my computer, and you visit that site from somewhere in Europe. The web server on my computer will know your IP address, and I can choose to "forget" it as soon as ...
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1answer
106 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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1answer
80 views

Origin of goods in international waters

In the Europe Union, it is mandatory for a seller to indicate where the food is coming from. If fish were caught in international waters, should we consider its origin as the closest country or the ...
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2answers
94 views

Can I get in legal trouble for open sourcing an unofficial wrapper for an API? (EU Law) [closed]

A while ago, I programmed a very simple API-Wrapper for a search engine and made it Open Source (Licensed under MIT). All it basically does, is using the very same REST-API the actual website uses as ...
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1answer
172 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
112 views

Is it legal in Austria for somebody to send threats of legal action in court if money is not paid and not follow through?

I have received a cease and desist letter from a lawyer in Austria demanding I remove a number of facebook posts that asks critical questions about the (non) functioning of their product. After this ...
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2answers
209 views

Belgium's historical Charter for indefinite access to UK waters

In 1666 King Charles II granted 50 fishermen from the city of Bruges ‘eternal access’ to British waters, and the EU are now trying to 'grandfather' this treaty. Is this treaty valid under all possible ...
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1answer
59 views

Are anti-employee-poaching clauses in contracts enforceable?

Many companies have so-called "anti-poaching" clauses in job contracts to prevent employees that leave from referring their old colleagues. I heard some large tech companies have got in ...
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1answer
40 views

How does GDPR affect GMail GeoDNS?

My employer (in the EU, where GDPR applies) uses Google GSuite, and as a result I have a work webmail that I can check at the host mail.google.com. From what I understand, Google uses GeoDNS, i.e., ...
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0answers
26 views

Are there any European Commission decisions on the duration of the non-compete clause?

Do you know any examples of European Commission decisions on the duration of the non-compete clause/obligations in corporate law? I mean contracts when this non-compete clause was too long according ...
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2answers
587 views

Could the UK “sue the EU” in a way which affects the Brexit settlement?

It has been reported (for example here) that Donald Trump suggested the UK sue the EU as an alternative to negotiating Brexit. Many interpretations of these comments are possible and as the discussion ...
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1answer
1k views

Does the UK have HOAs? (homeowner associations / Stratas /Syndic)

I'm looking to move to the UK in 6 months and purchase a flat, but I'm wondering if the UK has also HOAs like the USA? In the USA they are pure hell and want to know if I'll have to deal with them ...
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1answer
1k views

Is it legal to host a directory of .onion urls?

.onion is a special-use top level domain suffix designating an anonymous hidden service reachable via the Tor network. .onion. (2016, March 11). In Wikipedia, The Free Encyclopedia. Retrieved 12:46,...
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1answer
44 views

Can I use an Employee's Personal ID in an company internal project? (EU Data protection Law)

I want to create an Order-Website for our company, where employees can order dishes from the canteen, so they know roughly how much food to order. Now the question came up, if you order some dish, but ...
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1answer
25 views

“Concessions” meaning in this context

For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, a distressed restructuring should be considered to have occurred when concessions ...
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3answers
124 views

Do governments need to compensate business owners if they temporarily force a business closure?

If the government (let's say in the US or EU) prohibit businesses engaging in an otherwise legally compliant enterprise, do it need to compensate the business owners for that? Assuming that's for ...
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2answers
121 views

Are there any laws around viewing the messages of the members of a site you own?

If I build a website that has a messaging feature between users, what laws are there governing my behavior as the owner of the website? That is to say, I am the sole moderator and database ...
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0answers
58 views

Is the creation and usage of a full-text index (for full-text search in a document) a copyright infringement (EU)?

My research points towards "no". From here: Full Text Indexes Are Data About Books, and That’s Fair Use From here: full-text indexing is allowed as fair use under US copyright law. ...
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3answers
216 views

Is it legal to sell un-trippable circuit breakers?

About a week ago, the popular YouTuber bigclivedotcom uploaded this video, in which he showed a "circuit breaker", which on the outside seems marked appropriately, but is entirely non-...
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2answers
187 views

Why does the female in a marriage usually get most of the belongings when they divorce?

I can imagine that this is true, but is it actually legally spelled out and motivated? Or is it just what tends to typically happen, for "other reasons"? I've never been married and thus not ...
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2answers
79 views

Storing IP's and GDPR Compliance

Suppose a web designer plans to store hashed IP's in a database for analytical purposes of tracking unique clicks, and for security purposes to prevent botting unique clicks. Suppose the site only ...
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2answers
141 views

Are airlines in breach of contract by not complying with the law?

Under European law airlines have to refund the cost of a cancelled flight within 7 days. (Regulation (EC) No 261/2004 sets out common rules on compensation and assistance to passengers in the event of ...
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30 views

What are the potential implications of publishing excerpts from 3rd party copyrighted material in EU?

Case description a person in the European Union (not US) collects digital written notes on research they are conducting. These take a form of excerpts (sometimes even multiple paragraphs), ...
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2answers
206 views

Was the EncroChat Hack Legal? If not, is there a legal mechanism which could allow the evidence to be used?

Disclaimer: I am aware there are a lot nuances within law, particularly within each country, as such this question only concerns the wider EU law and UK law as these are the courts I am interested in ...
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1answer
62 views

Is it legal to divulge information about a company (kindergarten) online in Austria?

The situation is the following: We have made a very bad experience with a kindergarten in Vienna and would like to divulge (make public) the experience we made with this kindergarten. This would ...
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1answer
85 views

Foreigners in boards of public owned enterprises

In the EU, is it allowed to have a member in the board of directors for a public/government-owned organization when the following is true? The member is a citizen of a country outside the EU. The ...
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3answers
70 views

Are freelancers liable when products they develop for a client suffer data-breaches?

Supposing this is a freelancer & client in the EU and that a website was reasonably secured when developed. Imagine there are no written contracts and a year after delivery this client's website ...
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0answers
27 views

What is the difference between “mandatory fair compensation” and “license” in EU copyright law?

I have been reading laws about exceptions to copyright in the EU. Article 5 of the CDSM, for example, talks about licenses and about fair compensation to right holders. What is the difference between ...
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1answer
44 views

EU potential employer asking for Police Clearance Certificate because of my nationality

I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland. The company stated that as I'm not Danish, nor Polish, I should go through an ...
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1answer
57 views

How to determine what frequency of GDPR SAR is not excessive?

Repeat Subject Access Requests are limited in frequency by the Manifestly unfounded and excessive requests rules. The critical bit seems to be "A request may be excessive if it: repeats the ...
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2answers
36 views

If I have a EU research visa from one country can I start research activities in a different one?

I am Russian citizen who was working at a French University with a valid French permit of stay. I started working at a Portuguese University before my French permit of stay expired. After two month of ...
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1answer
305 views

Is a cookie notice required for analytics?

Note: I've been directed here from Meta.SE I'm using GoSquared for my website analytics. I've visited quite a few sites using Google Analytics but they don't have a cookie policy or a cookie banner/...
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3answers
9k views

In Europe, can I refuse to use Gsuite / Office365 at work?

See above. In a country where GDPR applies (Italy in my case), do I have the right to refuse giving consent to Google and Microsoft to store my personal data, if this account is for work use? Or, in ...
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1answer
101 views

Mobile app broke after an update. Am I entitled to a downgrade / refund?

The immediate problem I have encountered is described here, but I'm interested in the general concepts which apply in situations like this. What happens if a paid app stops working after an update? ...
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1answer
104 views

Removing my personal data ex-employer (RGPD/GDPR)

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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1answer
67 views

Is it possible to embed a PayPal donation button and still be GDPR compliant? [closed]

I've read that PayPal embeds a pixel in its button which tracks every user that visits the website. Is that true? More generally, is it possible to embed a PayPal donation button and still be GDPR ...
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3answers
139 views

Avoiding a speeding ticket by refusing to tell who the driver was?

This hypothetical question is based on a real incident I saw in the news. Suppose that a car is driving over the speed limit by a significant amount, causing a police car to turn around and go after ...
4
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1answer
74 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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2answers
97 views

According to GDPR, does privacy decision made on website legally affect mobile app settings also?

We're implementing the EU's GDPR regulations on a certain project and I'm wondering about the following: Company A develops an App, which also has a website version available to customers. The website ...

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