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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981 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 ...
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1answer
109 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 ...
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2answers
668 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 ...
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1answer
333 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
108 views

Should the decision about an Extradiction be based on the Legistlation or on the Juristiction of the executing member state?

The case of the extradiction of the Spanish politician Carles Puigedemont made me wonder whether the justification of the partial non-execution of the European Arrest Warrant (EAW), decided by the ...
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1answer
261 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 ...
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2answers
3k views

In which circumstances can law enforcement of one country cross the border of another one?

Say someone have made a criminal offense in one European country (say France), the (suspected ?) criminal is in a car or any others means in which he can escape law enforcement officers pursuing him ...
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1answer
188 views

Can I make fun of VW car company in a game?

I'd like to make fun of a company in a computer game (obvious parody/satire/etc.). Let's say I change the logo, so it's a "WV" in a rectangle instead of a "VW" in a circle and change the companies ...
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5answers
6k views

Is it legal to drive a vehicle with the driver wheel on the opposite side?

A few years ago I was in Belgium for a music show. Given that the singer was famous, people came from other countries, including buses from the UK. Naturally the driver seat on an UK registered bus is ...
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1answer
2k views

What legal ramifications can be imposed for making a item appears as though it has been stolen in transit, and then allowing the vendor to replace it?

I once crossed paths with an individual boasting about his technique for getting free stuff. He would go online and search for people selling second-hand "nearly new" gear that was still within their ...
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146 views

“no logs” website in eu - is it illegal?

As title says, am I obligated as EU citizen / owner of website hosted in EU to log some data about users which would then make them identifiable? What if I do not collect any data about users of my ...
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Does any host provider currently comply with GDPR?

According to Rec.81; Art.28(1)-(3) of the GDPR regulation, "The carrying-out of processing by a processor should be governed by a contract or other legal act under Union or Member State law, binding ...
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154 views

Why are damages awarded in civil suits far higher in the US than (continental) europe?

In Bollea v. Gawker, Bollea was awarded $140 million damages for "invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress". This seems orders of ...
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134 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
217 views

Can a landlord refuse my request for rental because of my fluency in the local language

Summary I live in Czech Republic and during my search for a new flat, a landlord refused to rent me the flat because I am not fluent enough in the local language. Is this a legitimate reason for ...
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1answer
85 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 ...
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1answer
107 views

Is it legal to compel users to share data in order to access more features, when the features being accessed do not require the data being requested?

Apologies in advance if this is not the correct exchange for this question. I am a developer working for a company that owns a healthcare application. They operate exclusively in the EU. As part of ...
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1answer
203 views

'Right to be forgotten' denied due to insufficient identification

I registered for a free online service with fake data while being underage. Years later I request to have the account deleted, using the e-mail address I registered with. However, to identify me as ...
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1answer
81 views

What if rules for a public transport are only visible on a website and not in Metro / Bus?

I live in Barcelona / Spain and recently got fined in a Metro for something I had no idea was illegal. I entered the Metro zone with my girlefriend and we both used the same card (It's legal with ...
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2answers
692 views

Why aren't foreign VPN companies forced to keep logs?

This link explains the inconsistency with what VPN services consider 'logging'. Certainly, there is no way for us to verify their claims without an extremely rigorous independent audit. But even that ...
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1answer
136 views

What if the law changes after your proces begins?

What would happen if there is a law change and those laws had had an influence on your case? Some scenarios, what would happen: The law you are sued for is deleted ... while your process is going ...
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2answers
292 views

Website Partnership contract between two countries

I'm wondering what the general laws binding international partnership contracts are? For example, if the two people involved resided in different Countries what sort of legal issues would that arise? ...
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1answer
87 views

Does the data protection european regulation (GDPR) apply to processing information obtained from business cards and conversations?

I work at a SME. When we meet someone (either a potential customer or a potential partner) at an exhibition, meeting, conference, etc., we usually save that person's contact information and topic of ...
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1answer
91 views

Interpretation of EU legislation

The European Union has 24 official languages, and EU legislation is published in all of them. How does the court resolve inconsistencies in interpretation that might arise because of mistranslations, ...
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271 views

Do employees have personal liability when working for a company that violates the GDPR?

I work for a company that doesn't take privacy laws very seriously. As far as I can tell, they're woefully unprepared for GDPR and don't seem to care very much. My tasks mainly consist of software ...
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1answer
180 views

Is it illegal for an employer to give a job applicant an unfair advantage in the selection process?

Diana was invited to pre-employment test for a job. But it appeared that that the content of test was the same as last year, and she knew that content because of her friend who passed the same test ...
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61 views

Illegally crossing Hungarian border

Recently I read this article with the following quote: But Hungary acted this week to stop the huge flow of people, sealing off its border with Serbia with a razor-wire fence and making it a crime ...
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2answers
2k views

Since when is CAN bus mandatory for new vehicles?

The CAN bus Wikipedia page states that: CAN bus is one of five protocols used in the on-board diagnostics (OBD)-II vehicle diagnostics standard. The OBD-II standard has been mandatory for all ...
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2answers
140 views

What protections does Europe provide for US patents (that China doesn't)?

According to a NYtimes article yesterday Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered. I am trying to understand the context ...
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1answer
89 views

How to make data brokers delete my information without providing more information? Can I take legal action?

I've been reading this terrifying list of data brokers after finding my information in a Google search result. I want to reach out to the "high-priority" data brokers and get them to remove me from ...
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1answer
201 views

Can I count unique users without a cookie warning?

Is there a way to count (approximate) unique users on a website without having to display that silly cookie warning? The usual way to track unique users is to set a cookie. An alternative (less ...
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1answer
8k views

UK: What constitutes reasonable consent for not allowing tenants to keep a pet?

I'm currently renting a house in the UK and have been for 6 months now. The tenancy agreement states, you may: 'Not keep any cats or dogs on the property. Not keep any other pet, animal, bird, reptile,...
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298 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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1answer
51 views

Can it be dangerous to forget your passwords?

Suppose I travel with my old notebook, where there is a lot of old stuff on hard drive, including the contents of the disk of my previous computer, including parts of disk content of my computer ...
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3answers
2k views

Cheapest country to form a business within the European Union [closed]

I am a Greek (freelancing) software developer interested in forming a company to be able to legally invoice my clients. Crazy taxes in Greece prohibit myself from running a company in my own country (...
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1answer
99 views

Article 13 - Block countries within EU

This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion. With the passing of article 13 in the EU, if a site chooses to ...
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1answer
68 views

Would revealing/storing whether or not an EU customer uses a service violate the GDPR?

Some web services will notify the user if the account name they are entering exists or not. However, I am wondering if this would be legal? For example, if someone entered the email address of someone ...
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1answer
152 views

Is it legal for Maltese border officer to ask where an EU citizen is coming from?

Long story short: the officer first checked my passport, then asked me where I was coming from. I replied that he had no right to ask such question and that me not answering wouldn't be a valid reason ...
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0answers
51 views

Is Google's privacy policy compliant with GDPR for the data processing agreement between a controller and a processor?

If for your job you use any Google services, chances are you are sending them a lot of personal data of your clients in emails, documents, etc. So technically you are the controller, and Google ...
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39 views

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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163 views

Can a university in EU refuse to grant me a degree after I completed studies?

I have completed a 120 ECTS Master program in a research university in the Netherlands. However, to get a diploma, I need to make a separate application. I did not apply for the diploma in time before ...
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1answer
3k views

Salesman text me from his personal phone

I recently went to a garage to ask about different cars and offers, the salesman took some details; phone and email, when leaving I said to him I would be in touch if I wanted to proceed. He called me ...
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3answers
189 views

What law forces cookie dialogs on websites?

The Web is now covered with poorly designed, intrusive and ineffective dialogs warning about cookies. Presumably this is as a result of an EU directive. Which UK law enacts this directive?
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2answers
1k views

If I don't patent my invention, how closely can a competitor copy my product?

Introduction: I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving ...
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2answers
443 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
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2answers
191 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 ...
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2answers
158 views

Can the terms of service contain a clause that instructs a user to forfeit their rights under the GDPR?

Suppose an American company wishes to do business with European parties. Could their terms of service say that as a user of their services the user forfeits any rights afforded to them by the GDPR ...
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2answers
384 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 ...
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1answer
892 views

To comply with GDPR, do I need passwords hashed?

I currently have a website that will be going live soon. The passwords are hashed. Is that all I need to do to comply with General Data Protection Regulation's encryption article? Please cite and ...
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1answer
103 views

Do I as a European Union citizen have the right to watch TV shows outside my country and download in my country?

In the UK, it is possible to download TV shows in the UK and watch them afterwards outside the UK. http://iplayerhelp.external.bbc.co.uk/tv/watch_outside_uk I would like to know if this is based on ...

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