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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59
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2answers
5k views

How does SE's arbitration clause hold up under the GDPR?

Today the new Terms of Service of Stack Exchange have been released, sparking a lot of unrest about its arbitration clause; see the comments and answers on the linked meta above, and also this ...
55
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4answers
20k views

Does GDPR include UK customers, or not anymore?

Now that Brexit happened, does GDPR include UK customers, or not anymore?
46
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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 ...
35
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2answers
5k views

How to store refusal of cookie consent

If a user refuses cookies on a website, then how can that website store that refusal? As far as I can tell, the GDPR requires you to store both consent to and refusal of personal data storage. But it ...
35
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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 ...
33
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5answers
10k 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 ...
28
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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!&...
25
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4answers
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 ...
24
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5answers
15k views

Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?

I have recently come across this part of an app from a well-known US company: Is this a legal way of handling some of the technical obstacles GDPR introduced? Is this a "flexible" interpretation of ...
23
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7answers
8k views

Is there an EU regulation mandating companies' IT equipment to be changed every three months?

I had visited with my university a Greek IT company that specializes in refurbishing used computers and peripherals. The executive that toured us had mentioned that there is an EU regulation that ...
23
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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 ...
23
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2answers
7k views

Can I request a copy of my password hash with GDPR?

People often use personal information to create them, like first name / date of birth, and people often reuse passwords across several sites, so I guess passwords are considered personal data since ...
21
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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 ...
15
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3answers
8k views

Not registering my US born child of 1 US parent as a US citizen

I, a US citizen, married my wife, from EU country (not Britain), in the US. We live in the US while my wife finishes school (2-3 years) on an F1 visa and then plan to move to back to the EU. My wife ...
15
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2answers
111k 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 ...
13
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3answers
8k 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 ...
12
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4answers
723 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 ...
11
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2answers
2k 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 (...
11
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1answer
1k views

Q about consequences of a software license amendment regarding patents: Facebook's open-source “react”

UPDATE 22 Sep, 2017 "Relicensing React, Jest, Flow, and Immutable.js" (MIT license, PATENT file removed) https://code.facebook.com/posts/300798627056246/relicensing-react-jest-flow-and-immutable-js/ ...
10
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1answer
138 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 ...
10
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1answer
320 views

Rules for Pseudonoyms?

What are the rules for pseudonyms, especially when used online? May I use a Ph.D. in my alias even if I don't have one? May I use a royal title in my pseudonym? Could I be sued for it and what would ...
10
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1answer
147 views

Fair use of text snippets in a dictionary

If a dictionary (about the use of scientific terminology) includes snippets from several sources, would an authorization be needed from each copyright holder? Each entry in the dictionary would ...
9
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2answers
131 views

What measures can the EU take if there are irregularities in EU parliament elections in a member state?

There are reports of EU citizens denied their voting rights in the UK during the 2019 European Parliament election in the UK. I assume there are ways to report them in the UK. But what can the EU do ...
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2answers
2k views

Contract issue (Austria/EU Law) backdating start date of work

I would appreciate some advice with respect to my situation. I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the ...
8
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2answers
2k views

Can an EU country close its border (rather than introduce temporary border control)?

Title III chapter II of the Schengen border control code describes the possibility of reintroducing temporary border controls, but I can't find what basis there is to remove the right to free movement ...
8
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2answers
2k views

How to report a sham marriage in Sweden

It makes sense to reject a sham marriage (marriage of convenience) arranged solely for the purpose of admitting foreigners to EU on false claims of "anknytningsperson" (loosely speaking "connected ...
8
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2answers
764 views

Does the European Commission have jurisdiction in the U.S.?

When U.S. corporations want to merge or are subject to acquisitions (for example Oracle acquiring Sun Microsystems in 2009) it seems they must seek approval from the European Commission --- which is ...
8
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2answers
941 views

Is everything between me and my lawyer confidential?

From the law point of view can I tell my lawyer EVERYTHING knowing that he is NOT allowed to disclose anything I tell him including crimes I did in the past or crimes I am planning to commit in the ...
8
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1answer
2k 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 ...
8
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2answers
229 views

What kind of ownership do I have over articles I wrote?

So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me ...
8
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2answers
329 views

Does GDPR Prohibit Reading Unsolicited Emails?

I originally asked this question on Information Security and it was suggested it was a better fit over here. I'm a member of the management committee of an allotment society in the UK. The committee ...
8
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1answer
2k views

Are internet forum posts considered personal data under GDPR?

GDPR defines "personal data" as any information relating to an identified or identifiable natural person. ‘personal data’ means any information relating to an identified or identifiable natural ...
8
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1answer
102 views

Does Wassenaar Arrangement on the transfers of arms and dual-use goods and technologies apply to security training?

Does the Wassenaar Arrangement on the transfers of conventional arms and dual-use goods and technologies apply to IT security training? Does it apply to IT security training on exploitation ...
8
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1answer
353 views

Can teens travel alone in the EU?

I am a Slovak EU citizen. A bunch of my friends and I are planning to go on a trip to the UK for 2 months when we are 15. Our parents are fine with it, but are concerned about whether or not this is ...
7
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3answers
2k views

Can a service provider force a price increase?

My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I ...
7
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2answers
1k views

Would a business that has no office in EU still have to worry about GDPR, and if so, why?

This question is inspired by this other question asks about how a (fictional) Small Town News USA Inc could prepare for GDPR. Although opportunistic lawsuits against US-based businesses on their ...
7
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1answer
544 views

Is Facebook's new cookie banner GDPR compliant?

Today I visited Facebook from a Google search to find the following cookie banner at the top of the page: To personalize content, tailor and measure ads, and provide a safer experience, we use ...
7
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2answers
313 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
7
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2answers
45 views

Intra-community civil actions in the EU

'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract. Can 'A' sue 'B' under some harmonised community-wide procedure? If not, in which state does 'A'...
7
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2answers
845 views

GDPR (General Data Protection Regulation) - crypto-shredding or regular delete?

The introduction of the GDPR (General Data Protection Regulation) in May 2018 for all businesses targeting EU citizens raises questions regarding the Art. 17 right to erasure, also known as the right ...
7
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1answer
151 views

GDPR and personal data that gets crawled and ends up on other websites

Data controllers must delete the users' personal data if they are asked to do so, according to the GDPR, except in some cases that don't really apply here. But what if that personal data has ended up ...
7
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1answer
3k views

Are chat logs against the new european GDPR?

Is keeping logs of chats (e.g. IRC, in this specific case Twitch chat) against the new European General Data Protection Regulation? I know you can't save data which can be linked to a natural person ...
7
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1answer
108 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 ...
7
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1answer
265 views

Under GDPR right of access, do I have the right to receive a copy of scoring sheets / evaluation forms after a structured job interview?

Under the GDPR right of access, what rights do I have to employer assessment of myself in the role of a job applicant after a structured job interview? Presumably, in a structured job interview ...
6
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2answers
224 views

Why would a lawyer accept a case that involved only $1.50 USD?

The European Union: Politics and Policies (2017 6 edn). pp 159 Bottom - 160 Top. To wit, how did Costa find a lawyer for such a picayune quantum? I'm cynical and reckon that only a few are open-...
6
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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 ...
6
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2answers
5k views

Does vehicle information count as personal data?

Does a car’s registration number count as personal data under the EU’s General Data Protection Regulation? How about the VIN? (Vehicle Identification Number)
6
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1answer
12k 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 ...
6
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1answer
119 views

Company makes confidential CV publicly available and searchable. Legal recourse?

A friend of mine was looking for a job last August. She sent CVs for various positions. Now, months later, somebody told her that if he Googles her name, her CV pops up. She tried it herself and sure ...
6
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1answer
206 views

Is it GDPR-compliant to require *public* publishing of personal info as condition for access to a service?

Background: For roughly 2 decades I've run my own private email infrastructure for myself, open source projects, and a few other individuals over business internet service intended for such usage. I'...

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