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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206 views

Is price discrimination based on age legal in the EU?

Article 21(1) of the EU Charter of Fundamental Rights states that: Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion ...
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188 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 ...
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1answer
25 views

Is there a site that lists all EU members' Statutory Instruments for specific laws (like MLD4, UCITS etc.)

I'm new here and don't have a law background but my field (finance) often overlaps with legal aspects quite a bit. I was hoping someone might be able to steer me in the direction of a good (free!) ...
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1answer
135 views

Package recieved after full refund, illegal to keep it? [duplicate]

So I ordered a package with a company (chinees company), after it not arriving and reaching the deadline I got a full refund (490 USD). The day after I received the money, I bought the same product ...
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2answers
89 views

What are EU requirements for listing VAT on receipts?

I'm working with a U.S. dot-com that sells around the world. A lot of corporate customers, especially in Spain and Italy, insist that they need their VAT number listed on all receipts for payments ...
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813 views

Is it legal in the UK to give different prices to different users, for price optimisation, using A/B testing

I'm the CTO for a startup that is about to launch. We have a monthly subscription plan, and we are not sure what price to set it at. We have done some rough analysis, but we are considering using A/B ...
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2answers
108 views

Controller processor roles for a SAAS for schools

Assume the following situation: There is a cloud-software (SAAS) which is used by a school for basically three things: Edit: The SAAS was designed with children facilities in mind: Nurseries, ...
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1answer
97 views

UK: Returning damaged items without option for free replacement?

I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain. The ...
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1answer
122 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 ...
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1answer
122 views

Dual Citizenship for Adults in Germany

My sister was born in 1997 as a Bulgarian citizen in Germany. She became a German citizen while she was rather young (5 years old if I remember correctly), while keeping her Bulgarian citizenship. ...
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2answers
659 views

What are the limits on categorising someone's statements as 'hatred' in regard to freedom of speech?

In the US there exists a freedom of speech. (There is a similar concept in other countries). This is guaranteed by the first amendment. John Stuart Mill argued for a limitation to free speech, known ...
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119 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 ...
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1k views

Will I have problems if I accept two job offers in two different EU countries?

I am non-European and I have never lived in France. I recently got a job offer from a company in France and I signed it. A few weeks later, I received another job offer from a company in Germany. ...
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1answer
147 views

Can embedded software be patented in the EU?

I know that no software can be patented in Europe. But what if I use software in an electronic board, and introduce that hardware? Can that be patented?
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1answer
35 views

Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
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1answer
29 views

Identity verification prior granting access to personal data [GDPR]

When receiving by E-Mail a Subject Access Request (SAR), which steps must be taken to ensure that the person requesting the SAR is the effective owner of the personal data?
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1answer
117 views

What are the reasons for the European Court of Justice to declare a legal act of the EU invalid?

The Article 267 of the Treaty on the Functioning of the European Union (TFEU) provides: The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (...
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1answer
67 views

Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)

Company A: a software development startup. Incorporated in Finland. Person B: An UK resident and citizen A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
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1answer
61 views

What is the EU definition of a small part for children under 3?

I am searching for test on small parts for children under 3 years. I found the definition for the US (see below) but not for the EU. Page 87 of the Explanatory Guidance Document to Toy Safety ...
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1answer
186 views

GDPR and hotlinked images: are they allowed?

By opening this question, you have automatically sent some data to some random website on the internet, the website hosting the above picture. What data? This is the data that is usually sent: Your ...
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1answer
219 views

Should email addresses be anonymized/pseudonymized under GDPR?

GDPR states recommendation to pseudonymise or even anonymise Personal Data. A lot — most of — web sites and services require email address on signup. Should, from the Data Controller's point of view, ...
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1answer
287 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 ...
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1answer
332 views

GDPR vs. Credit Card Chargebacks

I work for a company where we take credit card payments for the services we provide. As per the Card Scheme rules, the cardholder can request a charge-back up to (in the case of Visa) 13 months after ...
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2answers
139 views

Micro businesses in EU selling electronic goods, how to comply with EU VAT regulations?

According to EUVATACTION Key Facts the business is among other things required to: store personal data securely for 10+ years calculate taxes for every EU country based on client's location as ...
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1answer
133 views

Military Conscription in Denmark

It's against gender equality to draft men. But it is part of the constitution. Is there any possibility to "attack" the constitution by going to a judge? Isn't gender equality part of the EU law set, ...
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47 views

Is CE marking necessary for product used by myself?

I have made a device to take and print pictures during parties and social meetings, as part of my job (party organizer). If I sell this device, it would fall under "Low Voltage Electronic Device" ...
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1answer
51 views

Access to broken parts, after a repair, in the EU

In the European Union, if a customer gets a repair performed, does he have the right to request the broken / replaced parts? For example: if you get a phone screen repaired, do you have a right to ...
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1answer
62 views

GDPR compliance for software that lets users store PII of other people

Most times you see GDPR it relates to the first party storing data about their users, customers, whatever. I'm a developer for some hosted software (SaaS if you will) that allows —as a very tangential ...
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1answer
78 views

How can I ensure EU citizens can share my content?

I've been hearing things about the new Article 11 and Article 13 legislation which recently passed in the European parliament which regulate the ways that, for example, social media or news ...
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1answer
78 views

How to fulfill the General Data Protection Regulation (GDPR) in science

Suppose, a scientist is planning to publish a paper that is about an algorithm which analyzes Wikipedia articles. I'm wondering, if the European General Data Protection Regulation would be relevant in ...
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2answers
1k views

What counts as material or non-material damage under the GDPR?

In Art. 82 GDPR: Right to compensation and liability it states: (1) Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the ...
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1answer
122 views

Can I legally forward a work email to my personal email?

In the EU, am I legally allowed to forward an email containing a conversation with my coworkers / bosses (no confidential information) to my private email address?
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1answer
163 views

What is considered sufficient evidence to prove the usage of unlicenced software?

It is well known that some software products "call home" to inform their distributors how the software is used and whether it conforms to their licensing terms. When someone pirates that software, ...
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1answer
107 views

EU regulation for medical device communication encryption

In the US, HIPAA mandates that data communication with patient or healthcare data must be done according to FIPS 140-2 (pdf). E.g. use AES encryption with 128 bit keys or greater to encrypt. Are ...
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1k views

GDPR: Citizens with Dual Nationality?

Do the GDPR Regulations apply to processing data of a citizen who has dual nationality?
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137 views

What protections exist in the European Union against discrimination in an educational institution?

For those who aren't familiar with it, Section 504 of the Rehabilitation Act ("504" for short) is the U.S. law that protects the civil rights of students with disabilities at institutions that receive ...
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472 views

Am I allowed to store data of EU citizens as an Indian company?

We are a company based in India and are frequently being visited by people from overseas. Due to the recent safe harbour developments, are we allowed store data of EU-citizens on a cloud server ...
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0answers
59 views

Removing my personal data ex-employer (RGPD/GPDR ?)

I work and live in France. I worked for a company last year but I quit working there months ago. Since I left, they still have not have removed some data accessible on the internet, like my first name/...
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130 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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165 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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210 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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66 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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0answers
28 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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0answers
82 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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2answers
160 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 ...
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2answers
490 views

EU Consumer Goods Guarantee, who is responsible the Retailer or Manufacturer?

The title of the question basically sums up my question but for completeness I will provide some more details. Roughly 15 months ago I entered into a contract with a large phone service provided who ...
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1answer
108 views

Is age defined in the European Union?

I feel https://travel.stackexchange.com/q/134011/4188 should have been asked here so I am doing it. To travel with a discounted Youth Pass, you must be aged from 12 up to and including 27 on the ...
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2answers
129 views

A company (EU) sells potentially dangerous chemicals to anybody. What can I do as a citizen?

I have read a report by a high-schooler doing "experiments" by injecting himself with custom-synthesized peptides (small proteins). I emailed the author who confirmed that his report was no joke. ...
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1answer
86 views

Employee intimidation

A relative of mine has worked at a small company for the past 10 years as a senior design engineer. The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
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1answer
128 views

What is “a place where Member State law applies by virtue of public international law”?

Art. 3 (3) GDPR mentions that: This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of ...

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