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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40 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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3answers
119 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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1answer
24 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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55 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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2answers
183 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
73 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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0answers
29 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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3answers
205 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
178 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
57 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
69 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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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
43 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
53 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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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
54 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
136 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 ...
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2answers
199 views

If someone shoots you, whose property is the bullet?

This may sound crazy but it is inspired by What if a spacecraft lands on my property? The answer there seems to be that you don't acquire another's property just by it appearing in your domain. The ...
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2answers
96 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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2answers
111 views

Is it legal if I collect and sell public data from Twitter?

Let's assume that, technically i am able to collect the public information from Twitter (including user's profile and their tweets) from Twitter. I am wondering, is it legal to sell this data? How ...
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3answers
98 views

Do I have the right to let Twitter deactivate/hide a public account I had, but no longer use?

So a number of years ago, I created a Twitter account which I forgot the password and email to. More than 3 years ago, almost 4. I did not post anything, almost nothing. Just liked a couple of posts. ...
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2answers
85 views

(EU) Can a license agreement demand a specific compensation for unlicensed use of the software?

Scenario: As a software developer I create a WordPress extension that does x which I sell for, let's say, $20. When buying it's clearly mentioned you are only allowed to install it on a single website....
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5answers
8k views

Is it illegal to market a product as if it would protect against something, while never making explicit claims?

I've recently come across an advertisement online of a product that stated "Most people have heard of the horror of [bad thing] or even [worse thing]. Protect yourself with [our product] today!&...
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1answer
97 views

Is there any country where contract overrides law? [closed]

Why is contract not above law? Is there any country in the world where contract overrides law? If not, why not? What if both parties intend to sign and follow a contract that is against the law? My ...
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1answer
40 views

EU refunds law for purchases made before comming to the European Union

If someone makes a purchase outside EU and then migrates to the EU will the EU 2 year legal gaurantee apply to that purchased big or small thing for?What if the person travels to EU?
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1answer
57 views

Compliance of .eu domain names post-Brexit

I am a sole-trader who operates purely in the UK, and I also have a corresponding (dormant) Limited company on 'Companies House'. I have both .com and .co.uk suffixes. I also have .eu suffix, and ...
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1answer
74 views

How long can my university ask for Erasmus+ money back?

I just got an email from my university claiming that they paid too much Erasmus+ money for my study-abroad period and asking me to pay back the amount within the next two weeks. Since I received my ...
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1answer
78 views

Do I need to track when a user declines to consent to analytics to meet GDPR?

Suppose a user visits a website. They are informed that the site is using cookies and analytics, and the user can either allow cookies or decline. If the user declines (and therefore is not tracked), ...
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3answers
142 views

Must Terms of Service be written by a lawyer?

I'm a programmer making a messaging service. And although I can get the software parts sorted out easily, I'm not really sure about the legal bits. In particular, I'm not sure whether my Terms of ...
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3answers
2k views

Is hyperlinking legal in Europe?

This is why I am asking such a strange question: Europe has a law called GDPR which imposes responsibility of processing on the person who decides the means of processing of personal data. Now, if ...
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1answer
129 views

Can someone who gave me a gift (pro camera) demand I give it back?

My ex bought me a pro camera a few years ago (when we were a couple). It cost around 1000 euros at that time. He said that for it I need to make 14 days of photoshooting for him. Since we spent a lot ...
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1answer
115 views

The EU Refunds law and wether cost of download is refundable?

Under the EU refunds law : consumers have the right to get refund if the the product is faulty.Thus if someone distributes a faulty app which is free can the developer be asked for the cost of ...
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1answer
51 views

GDPR outside the web: no need to provide a privacy policy?

Consider a freelancer like a web developer, or a consultant, or a lawyer, etc. Their jobs involve, one way or another, handling some personal data: contents of databases, authentication data, private ...
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1answer
87 views

What to expect when getting sued from abroad for libel?

I, a citizen and resident of the EU, wrote a biography of a British citizen who resides in England, and I published it on a popular online encyclopedia hosted in the United States. The subject of the ...
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2answers
57 views

Is it legal to publish a third-party server software that allows people to host their own dedicated server for a game?

One of our favorite online games recently got all its servers shut down so that it isn't playable anymore. As a few friends and I are quite experienced at programming and reverse engineering, we have ...
2
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1answer
57 views

Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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2answers
78 views

Is a driving license issued by a European country valid as ID in Italy?

I'm an Italian citizen resident in Hungary, both are part of EU. I'm trying to understand if a driving license issued by Hungary would be accepted as a valid ID in Italy. I searched online and I found ...
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38 views

Very simple static website with Google Analytics. How to make it GDPR compliant?

There is a very simple static website for a commerce. That website only shows information. It has Google Analytics to count visits with the default GA script placed in : <head> <script>...
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2answers
119 views

EU refunds law for Play Store

According to EU refund law, if a person releases an app on the Google Play Store, does the person need to even give the payment he received back? Can one specify no refunds by putting it after the app ...
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1answer
53 views

Does EU geoblocking apply to businesses outside EU?

This : https://support.stripe.com/questions/eu-geo-blocking-regulation-changes states that EU has passed a law preventing geoblocking .Does this apply to businesses outside EU. It is favourable to ...
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1answer
64 views

How can I implement GDPR in a simple program?

I would like to get some analytics from a simple program that I wrote to manage a game server. The data I want are (collected every 15 min): operative system (windows/linux 32/64bit) machine id (...
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1answer
107 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 ...
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1answer
34 views

Does a new Blue Card in the same country resets 18 month period?

I have a question, for which I can't find an answer in the Internet. Right now I live and work in Germany, and I'm a holder of Blau Card for 14 month now. In the next month I will get a new travel ...
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1answer
60 views

Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?

I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of ...
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2answers
50 views

Can a company's terms of service prevent consumers of using their right of withdrawal (europe)

There is a company (from england) that provides services online that has the following in their terms of service: Subscriber agrees that its assent, given electronically, will have the same legal ...
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1answer
44 views

Do I need GDPR contracts/agreements?

We use a service (Meetup.com) to post our events publicly. We do not store/collect/process any information about any attendants except for the number of sandwiches to order. Everything is kept in ...
3
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1answer
275 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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2answers
189 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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