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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13
votes
3answers
7k 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 ...
14
votes
2answers
108k 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 ...
8
votes
1answer
1k 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 ...
12
votes
4answers
697 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 ...
35
votes
2answers
6k 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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3answers
4k 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 ...
46
votes
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 ...
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, ...
4
votes
1answer
149 views

In which jurisdictions outside the EU can the GDPR be enforced?

The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens. Now of course, the EU's jurisdiction is not global, but the EU does have treaties ...
6
votes
3answers
2k views

Are there situations where it is legal to threaten someone with a gun but not legal to fire the gun?

One of the essential rules of firearm safety is to never point a gun at anything or anyone you do not intend to shoot. It also seems to be a consensus that whenever it wouldn't be lawful to shoot ...
3
votes
2answers
207 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
1
vote
1answer
98 views

EU Legal instruments

Can someone explain to me the distinctions between the various EU legal instruments, particularly "regulation", "implementing regulation" and "directive"?
32
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5answers
9k 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
votes
1answer
3k 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 ...
6
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)? ...
3
votes
2answers
356 views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
3
votes
2answers
955 views

What does “reasonable” mean?

I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it. Imagine a Confidentiality and Assignment Agreement with ...
0
votes
1answer
933 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,...
11
votes
2answers
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 (...
10
votes
1answer
128 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 ...
7
votes
1answer
85 views

As of 2020, have any GDPR-related court judgements been successfully enforced on companies without presence in the EU?

The GDPR has been in effect for 2 years now and theoretically applies to any company on the planet which deals with personal data belonging to EU residents. But practically speaking, enforcing this ...
5
votes
1answer
275 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 ...
4
votes
1answer
104 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 ...
3
votes
3answers
251 views

Is a public IP address classified as “personal data” for a third party under EU law?

Situation: an individual in the EU has a web site available on Internet (= if you are on Internet, you can connect to that web site). The IP addresses of the connections to this web site are stored in ...
3
votes
2answers
122 views

EU fines Google $2.7B, based on which laws?

Yesterday the news came out that the European Union fined Google for $2.7B because they, according to the EU, place their own services higher in the result than competitors. Google suffered a major ...
3
votes
0answers
136 views

The Directive on Copyright in the Digital Single Market, also known as EU Copyright Directive and file 2016/0280(COD)

Going to WikiPedia, I have been drawn attention to a new EU directive on Copyright. The Directive on Copyright in the Digital Single Market, also known as EU Copyright Directive and file 2016/0280(...
3
votes
1answer
292 views

What does 'Right to Erasure' actually cover?

According to GDPR, any person has 'Right to Erasure (Recital)' and have his/hers sensitive information deleted. Does that mean that an organization can keep all non-sensitive data for a user? For an ...
2
votes
1answer
294 views

Under GDPR, is an image of a person's face a “Special Category Data”?

I'm triyng to understand whether, under European GDPR, an image of a person's face is a "Special Category Data". From this image I could determine person's: ethnic origin (for example: from the ...
2
votes
2answers
273 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
1
vote
0answers
86 views

Is in-browser crypto mining legal?

Can I get sued when using an opt-in (prompt the user to accept before starting the miner) crypto miner like coinhive or mineralt on my website in the US/EU?
1
vote
1answer
60 views

How does EU direct family have greater rights than extended family when the final outcome is going to be same for genuine cases?

I had asked some questions previously about EU Free movement rights like this one. I tried to extract answers by posing some scenarios but that proved to be inefficient. So I am trying a new way here ...
1
vote
2answers
82 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 ...
1
vote
2answers
78 views

Is there any chance to get a loan back from someone in another country? (Loanee is in Ireland, Lender in Netherlands)

Lets say someone form another country loans a small amount of money (400 euro) in The Netherlands (A Dutch person lends money to someone from Ireland). Signing a Dutch loan contract (in English) ...
1
vote
1answer
135 views

In GDPR, who exactly are the processors and what do they have to do?

I thought the processor was just someone who processes all personal data on behalf of the controller, basically a simple substitute for some matters. But from what I read online it seems that a ...
1
vote
1answer
59 views

European Air Passenger rights - Must airline pay?

Short story: Air Berlin went on strike last October - we got home 15hours later - Air Berlin have said euro air passenger rights penalty/rewards are optional, they also said flight was cancelled due ...
0
votes
1answer
124 views

Rights of rejected non-EU extended family members of EU citizens for achieving a righteous verdict

Check out this interesting discussion carefully. Now, suppose that I am a citizen of Ireland and I reside in a non-EEA country with my spouse, children, dependent parents and an unmarried sibling (who ...
0
votes
2answers
71 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 ...
0
votes
1answer
82 views

Is compromising a user considered legal if it is to inform them?

Today my mother received an email from herself, containing the following message This is an automated message by an email validator. If you are receiving this email it means that your email ...
-1
votes
1answer
111 views

What is German police doing at German/Austrian borders? “Border checks” or “border surveillance”?

Let's start with a definition of "border controls" according to Article 2 of EU Regulation 2016/399: ‘border control’ means the activity carried out at a border, in accordance with and for ...
-1
votes
2answers
60 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 ...