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.

78 questions with no upvoted or accepted answers
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Meeting the “traditional” requirement for Protected Designation of Origin (PDO)

The EU's Protected Designation of Origin (PDO) scheme is defined in Regulation (EU) No 1151/2012 of the European Parliament and supplemented by Commission Delegated Regulation (EU) No 664/2014 (http://...
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33 views

How does the EC Regulation on Insolvency Proceedings address cooperation between between EU and non-EU insolvency courts?

In particular, I am curious how the EC Regulation on Insolvency Proceedings addresses issues with cross-border corporate groups. The UNCITRAL Model Law contains provisions on the cooperation of ...
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84 views

How far does fair-use apply for a source that contains several critiqued resources?

As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under fair use law. Example: Under fair ...
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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(...
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185 views

What happens if I accept work contracts in two EU countries at the same time?

I am going to accept a job in Dublin, Irealnd but I also have an opportunity of getting a work contract in the Czech Republic. The latter job would be mostly remote (it would require me to visit the ...
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225 views

Can I get kicked out of the UK if they leave the EU?

I am an Irish citizen and I moved to the UK a few years ago. Now they are going to vote whether to leave the EU. I know they might decide not to apply the law retrospectively but by law- would they be ...
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69 views

Returning goods bought online in Poland as foreigner

I am a Czech national living just at the Polish border. I want to buy a laptop online at Polish online store called Morele.net. The store offers the goods to be sent to a Polish post office for pickup ...
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2answers
188 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
75 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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78 views

My .eu domain name was stolen. What are my options?

I have a company in a small European country, with a short, simple, generic name, say Generic, pvt. ltd. For many years, I've had the domain generic.eu However, I forgot to change my owner email ...
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53 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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1answer
149 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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49 views

What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
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26 views

Partially Paid by US entity under B1/B2 Visa or Visa waiver. Is it legal?

My EU employer is an affiliate company of a US company. Whenever the EU company’s employees are required to travel to US (under B1/B2 visa or a Visa waiver program) for some meetings with some US ...
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76 views

What are legal ways to get a persons address (Person living in Ireland, I'm living in The Netherlands)?

This is a follow-up to my previous question. I filed for a European small claims procedure but the only address I had of that person, seems invalid. The people at the address in question claim they ...
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31 views

GDPR which practice is compliant?

I have seen many ways of requiring user acceptance of their data usage on the internet. Which are conforming? Keep in mind I am talking just about the consent acquiring mechanism. In order from the ...
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133 views

Is recording of other people in a work context without permission legal in Romania?

I am shortly going to Romania to perform an IT Audit. As an auditor, we often have to deal with people who become hostile towards us. For my own protection, in the United Kingdom I always video ...
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108 views

Who is the data controller of users' data of a SaaS platform?

Person A is an employee of company B, which in turn is a customer of a SaaS platform from company C. Both companies are within the EU. The B company uses the software to keep track of its customers, ...
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49 views

How will GPDR effect the use of peoples names as unique identifiers?

I'm a network admin at work, and in some circumstances peoples names as used as identifiers for rules, maybe for DHCP, or firewall rules to explain why a rule exists. 'Bob McBobberson needs access to ...
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234 views

EU data locality

Quite a few EU based customers are requesting data locality information in preparation for GDPR which becomes effective on May 25, 2018. However as far as I can tell GDPR contains no requirements for ...
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117 views

Is this cancellation policy legal?

I reserved a motorhome in Iceland. On the invoice the cancellation policy was listed. I didn't pay the invoice and then cancelled the reservation 2 months prior to the starting date. I cancelled ...
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125 views

Under Irish law can the Gardaí give a person's statement to a 3rd party government department?

I have an Irish law question. I have tried to get a few solicitors to answer it but they seem unable to give me a concrete answer. I'm hoping someone on here can help or point me in the right ...
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30 views

EU spam legislation Spain, which action can be taken and to whom?

Me and hundreds of other people are receiving a unsolicited emails from a major Spanish based airline. They seem to not have an unsubscription feature and when contacted they refuse to delete emails ...
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116 views

How to register a descriptive European trademark?

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and ...
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2answers
94 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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71 views

Can someone force me to delete a particular email?

Let's look at the following scenario: institution X holds a webinar, and after it is finished sends a follow-up email to all the participants leaking their email addresses in the CC field of the email ...
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24 views

Family law protections offered by EU Citizenship

As a United States Citizen living in an EU country, would I be offered any additional protections in family law cases if I became an EU citizen? What if my EU citizenship was of a neighboring country, ...
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45 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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41 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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29 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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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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45 views

Corporate responsibility when allowing biometric authentication

At our company, we are discussing allowing (but not forcing) the use of facial recognition to authenticate on employee laptops (Windows Hello). The laptops are owned by the company, but are for ...
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71 views

Does paid parking require official signs?

I recently got ticketed for parking in a parking spot that is, supposedly, paid parking. The only official sign on the premises is the generic "P" sign that, unless I'm mistaken, means I can park ...
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44 views

Copyright notice year date after small revision?

We produce a Swedish boardgame in Sweden for the Swedish market, which includes a 4 page leaflet describing the game rules. This was originally published in 2008. We are now producing a new batch, and ...
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21 views

Purview of and relations between notes on 2006/42/EC

Within European industry, every machine manufacturer has to comply with Directive 2006/42/EC, otherwise known as the Machine Directive (MD). Before the articles of this directive start, there are a ...
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61 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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48 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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17 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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25 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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66 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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45 views

Was nationalisation of energy companies a breach of EU law?

Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member ...
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24 views

Do the Courts of European Union publish the full transcripts of proceedings?

I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
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37 views

Heathrow public wi-fi and Data Retention Regulations

My friend visited Heathrow airport and he used their public wifi. He said that he had to provide only his name and email and got access to the Internet. He had not validated his email to get access, I ...
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104 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?
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58 views

Case law, statutory law, the UK and the European Union

I have been told that "statutory law" is a "blunt instrument" (presumably due to the cost of change?) and that the UK legal system has developed a system whereby a more flexible "case law" is used to ...
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56 views

Verifying the law around hosting an online crypto casino in the US

Can a site operator, resident in the USA in a state that doesn't allow online gambling, legally run an online casino site, provided that the site Terms And Services document states: it is ...
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53 views

Can a European bank mandate employees to have a deposit account into which salary is paid

Is this allowed under European law to mandate employees to open a local (i.e. same name) bank deposit account and claim salary will only be paid into that account internally? I suppose it must be ...
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82 views

Can a signature be valid without a name datum associated with it?

I noticed that my signature got less readable over time, but improved in unique characteristics which is a positive development in my opinion, since I never see a form without a field for first and ...
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562 views

Is disclosure of subprocessors absolutely necessary under the GDPR?

Under the GDPR regulations, is there a way of avoiding the need to disclose the full names and details of subprocessors? Must I absolutely declare this information in the appropriate manner or can I ...
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54 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. ...