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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Free potable water law in UK and EU

In Britain, all licensed premises are required by law to provide "free potable water" to their customers upon request. What legislation covers this? Is this the case in other European countries? I ...
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2answers
157 views

When will a passport be needed to go the UK from the EU?

When the UK was a member of the EU there was no need for a passport to visit the UK. It was enough with a ID card from your EU country or a driving license. As brexit process is going on when are EU ...
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2answers
101 views

Deleting incriminatory emails

A public European school has an IT department with a person responsible for all mail related tasks, including the mail server. Once that responsible sent an incriminatory email to a specific group of ...
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44 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
36 views

GDPR on Proxy Users

I believe I have a good overall understanding about the GDPR legislation, in terms of what needs to be protected, etc... My questions here are about the scope of GDPR. Does GDPR apply to people who: ...
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19 views

Copying job ads from top brands

Is it illegal to copying job posting from top brand's websites ie: Facebook, Google, Amazon, TCS, Tesla, SpaceX etc? Such brands always post open job position: Is it illegal to spider/crawl or ...
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40 views

Question Regarding GDPR

I have a question regarding The General Data Protection Regulation 2016/679 in European law and I'm not even sure this is the right place to ask, but I'll ask anyway as I'm stuck on where to find this ...
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0answers
61 views

Parents don't support son they're aware of his self-neglect

In France(Europe), can a 17 year old person who recently became 18 sue his parents for supporting his self-neglect when he had an illness (acquired brain injury) since the parents didn't do anything ...
4
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1answer
302 views

EU Cookie Law can I use cookies before users' consent?

I am trying to get my website to be EU Cookie compliant and I have encountered some plugins which have something called "implied consent" in other words a popup appears on the website saying something ...
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1answer
348 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 ...
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2answers
167 views

Is price discrimination based on age legal in the EU?

Article 21(1) of the EU Charter of Fundamental Rights states that: Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion ...
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1answer
64 views

Confidentiality clause in a contract (Netherlands/EU)

I have a contract signed at Oct 2016 and valid for one year. It has the following lines: OBJECTIVE OF THE AGREEMENT This contract is valid for one year. Also, it has confidentiality clause: ...
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1answer
25 views

Identity verification prior granting access to personal data [GDPR]

When receiving by E-Mail a Subject Access Request (SAR), which steps must be taken to ensure that the person requesting the SAR is the effective owner of the personal data?
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1answer
92 views

Under GDPR EU law, can I sue big tech companies (Facebook, Google, Apple) for acquiring and storing my personal data without my consent?

Many of my friends have social media accounts (Instagram, Facebook, etc.) where they regularly post photos of them and where occasionally I appear in them. Many of my friends have their personal ...
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1answer
4k views

Can Amazon ask for my credit card statement?

I have problems with Amazon, I was trying to buy a 30 eur gift card for a birthday but they put the order on hold and blocked my account. Then I got a mail stating that I should fax Amazon my latest ...
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1answer
68 views

Are insurers in EU member states required to issue vehicle insurance?

I am trying to find out if the owner of a vehicle does not only have the obligation but also the right to vehicle insurance and if such a right is implied or guaranteed by EU directives. DIRECTIVE ...
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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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2answers
36 views

Can an EU citizen spouse look for work before Stamp 4?

Say the non EU spouse of an EU citizen is due to get their Stamp 4/Card in a couple of weeks, enabling them to work in an EU country. While they are waiting for the date to get the stamp, can they go ...
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2answers
41 views

Taxes and freelancing in Germany

This question is a follow up and more precise version of Tax law and freelancing as a side-job in Germany. As explained in the linked question, working as a freelancer in Germany could turn out to be ...
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0answers
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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1answer
48 views

What happens to ongoing EU small claims (under 5000 euros) court cases after brexit?

I plan to take my ex landlord to court, who has now given me an Austrian contact address. I have not started the proceedings yet, so I imagine that the case might not finish until after 31st October. ...
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1answer
180 views

Can you avoid extra taxes by making your children the owners of your new business?

My father wants my brother and I to be the owners of his new business in my home city. The reason behind this is to avoid paying extra taxes, as my father already has many businesses in his name and ...
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24 views

Permanent non stop employment whilst wife has Stamp 4?

Ever since my wife got her Stamp 4 in Ireland, enabling her to reside and work here, i have been in employment, but say i finish a job in the coming months or years, do i need to be in employent ...
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1answer
45 views

Why couldn't potential grounds of justification be expanded within Art 36 TFEU?

Robert Schütze. European Union Law 2 ed. 2018. p. 534. All emboldenings are mine. Why would the Court be strict on the express policy grounds mentioned in Article 36 and yet allow for implied – ...
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2answers
42 views

Scenario in which a person sues an other living in an another European country

I asked a question about a specific scenario a few days ago, but given that the question has been deemed somehow discriminatory against a gender, suspicious (I honestly don't know why!?!?!), I'm going ...
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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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1answer
52 views

Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)

Company A: a software development startup. Incorporated in Finland. Person B: An UK resident and citizen A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
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2answers
85 views

What are EU requirements for listing VAT on receipts?

I'm working with a U.S. dot-com that sells around the world. A lot of corporate customers, especially in Spain and Italy, insist that they need their VAT number listed on all receipts for payments ...
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0answers
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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3answers
291 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 ...
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0answers
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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26 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...
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23 views

Legally act on the behalf of someone else, within a web application?

I've the following scenario. There is a computer system (web application), which let users log data of their work. This data is processed into bills and metrics. Now a new function should be added, ...
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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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3answers
600 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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3answers
61 views

Does GDPR apply to personal information entered in a password-field?

If someone enters personal data in a field which purpose is not to handle personal data, does GDPR apply? For example if someone enters their email, phone number or name in a password-field? If so, ...
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1answer
341 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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1answer
108 views

Can the EU legally mandate the sterilization of a member country? [closed]

To give context so that my question may be better understood and not just disregarded as trolling, I have just read "Germany must Perish!" by author Theodore N. Kaufman. It's a very well-written book, ...
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2answers
107 views

Close family member got me intro trouble in my home country, unsure how to proceed [closed]

I have immigrated from European countryA to European countryB several years ago. Before I left I was operating a small business with a close family member, they were taking care of the accounting/tax ...
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0answers
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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2answers
104 views

GDPR - Do we need to give individual mixed personal data of 2 individuals? (Right of access)

Individual is asking for phone recording which contains personal information of that individual and our marketing person, it also contains our sales speech. Do we need to provide copy of phone ...
5
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1answer
7k 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 ...
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1answer
122 views

When is a permission required to attack a system?

Never attack something you don't have a permission for! This is one of the golden rules of penetration testing, yet it's surprisingly unclear. What exactly counts as an attack, and when do I need ...
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1answer
31 views

How to parse “be an obligation or be prohibited”, in para 76 in Case C-355/10 Parliament v. Council (Schengen Borders Code)?

Robert Schütze. European Union Law 2 ed. 2018. p. 324. All 76[.] [...] Depending on the political choices on the basis of which those rules are adopted, the powers of the border guards may ...
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2answers
79 views

Subsidies for low paid / free workers in some EU countries

I have heard that that in some EU countries such as Ireland, an employer can receive a €10,000 per year subsidy for simply employing a person who has been unemployed for a certain length of time. ...
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0answers
36 views

Meaning ⁠— “Advocates-General increasingly behave as if they were exclusive functionaries of the case law”

Robert Schütze. European Union Law 2 ed. 2018. p. 206. All emboldenings are mine. Transcribing everything takes too long, thus I'll transcribe just the gag line. See my red arrow. 108 It is ...
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1answer
49 views

How does the double extension of the doctrine of vertical direct effect discriminatorily limit the no-horizontal-direct-effect rule?

Robert Schütze. European Union Law 2 ed. 2018. p. 101. All emboldenings are mine. Transcribing everything takes too long, thus I'll transcrible just the gag line. See my red arrow.     &...
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1answer
143 views

What is the best way to proceed with a legal action against US company from abroad?

Some time ago I have signed a contract with Premiere (Premiere Event, Rise of the Phoenix Inc, NYS Corporation) with Michael D Palance as Director, US company which is looking for young talents ...
2
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1answer
115 views

Copa Airlines overbooking - delay compensation

Short story: we went to Peru on vacation with my wife (2 persons) we bought our tickets at AirFrance outbound flights (Budapest-Paris-Lima) operated by AirFrance were ok return flights were messed up ...
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2answers
47 views

GDPR - Service storing other people's clients' emails

I am working on a service that allows people to import data regarding their sales within a particular platform. This data is imported in an excel format (CSV) and contains all sales informations for a ...