Questions tagged [germany]

Jurisdiction of Germany.

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16 views

How does one enact a self disclosure of crypto currency income for previous years with the Tax office in Germany? (Strafbefreiende Selbstanzeige)

Since 2017, I have been unsure of the Tax implications of crypto currency gains in Germany or how to calculate them. With the introduction of new crypto Tax software I am now confident in my Crypto ...
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1answer
71 views

Am I liable for damages if my car was pushed into another car by force?

Recently I've been the victim of a hit and run. My car was legally parked parallel to the street next to an garage entrance, another car was parked behind mine. Behind them also a garage entrance with ...
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1answer
40 views

How does one remain Tax resident in Germany if one works abroad for a year or more?

How do I maintain my Tax residency in Germany while working outside of the country of Germany for more than 183 days per year? These days may or may not be consecutive depending on the work contract, ...
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42 views

Do your gains from Crypto sold within a year in Germany raise your overall tax rate, or do they get taxed at your pre gains income tax rate?

I sold some of my crypto within the one year holding period in Germany. Crypto hodled for more than a year in Germany is tax free (neither Capital Gains or Income Tax). I am a musician and only earn ...
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2answers
68 views

Is it legal to process PII in EU of customers which are not in EU?

So I have an app that processes the PII of users and their interests, the app is south Asia based. The app doesn't support EU customers and is geo-blocked by default. I would like to process and store ...
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4k views

Is there a time after which I can leave when I can't get in the office?

Today my boss was 20 minutes late to work and he has the only key to the office. I can only go in and out after the door has been unlocked so I had to wait outside the office. While I was waiting for ...
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1answer
63 views

How long can a company take to answer my GDPR request to download my data?

In March this year I started the process to download my personal data on a website. I received a mail a month later informing me that my request will be delayed and can take up to 90 days to be ...
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1answer
159 views

Staying anonymous as a witness in Germany

Alice witnessed an altercation in a public park in which a knife was pulled, but nobody was hurt. The police were called, the offender fled the scene but stayed in the vicinity. Since Alice saw ...
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1answer
86 views

To whom does copyright of an item belong, if a computer program is used to create it, according to the Deutsches Urheberrecht?

Section 69b of the German Copyright Law "Deutsches Urheberrecht" states that: Where a computer program is created by an employee in the execution of his duties or following the instructions ...
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3answers
217 views

What are the laws for trespassing in Germany?

Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice. What laws and ...
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1answer
36 views

“Impressumspflicht” outside Germany for individuals

This is another "Do I need an Impressum" question in a special case. I understand under German law, an impressum is required for all websites except strictly non-profit-oriented websites for ...
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1answer
67 views

Am I allowed to use the name of a railway system in advertising?

In Germany, there is the famous ICE (Intercity Express) train that everybody knows and loves. If I run ads in Germany, am I allowed to use this term in messages like Our software XYZ is the ICE of ...
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59 views

Can a fitness studio extend a cancelled contract because of lockdown?

I cancelled my contract with a fitness studio in summer 2020. The 6 month cancellation period was due to end in March 2021. In Germany, fitness studios had to close in November 20 because of Corona. ...
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Can a blue card visa holder in Germany work for 1 company and another free internship on the side?

We have a situation where we have somebody in Germany who is working for someone already, a normal job. This person is here in Germany on a Bluecard visa. Is it possible for this blue card holder to ...
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2answers
119 views

Can a school control an independent student newspaper

A friend of me has founded a student newspaper in Germany that has an acronym of the schools name in its title. Like HBS instead of Harvard Business School. Internationally there are dozens of schools ...
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1answer
50 views

Republishing public domain material from an edition that is not public domain

A certain famous philosopher from the 19th century made an arrangement of a few hundred of his notebook writings that was intended to be the outline for a book. He didn't live long enough to actually ...
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1answer
94 views

Is it illegal to claim a patent when you don't have one in the EU?

This company is claiming they are using "patented technology" https://marx-shoes.com/pages/technologie sourced from a company call "powerinsole". The only patent associated with ...
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1answer
115 views

Can the German Embassy go through your Whatsapp messages during Visa document verification process?

I am a Pakistani professional living and working in Germany under an "EU Blue Card" visa. I got married a little while back and to join me in Germany, my wife has applied for a Family ...
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1answer
42 views

Registering as a freelancer in Germany

I recently lost my job & therefore I registered myself with ArbeitAgentur for unemployment benefits. The benefits will start from the next month. I've been working for the past 4 years as regular ...
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2answers
152 views

Is a contract allowed to have illegal / unenforceable clauses?

My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did ...
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4answers
101 views

Is there some well known or established principle for this situation? Unfair jurisdictions and un-equal parties

Imagine a situation where an employer offers an employee a contract that stipulates that all disputes should be resolved by some arbitration panel in a tax haven. I don't know about America but I am ...
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1answer
128 views

Is it illegal in Germany to pretend being sentenced for committing homicide?

People often want you to tell them a story. For me this question is overreaching and I feel uncomfortable. So I was wondering to what extend it is legal to make up a story I am fine with.
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1answer
124 views

What kinds of insults would result and have resulted in someone being imprisoned in Germany?

Just read in the Wikipedia Article on Insult that you could be punished for up to one year in prison for insulting someone in Germany. What kinds of insults, assuming that they are free of false ...
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2answers
907 views

What would happen to the churches (physical buildings), works of art, etc. in case of a new schism?

In the recent past, in the opinion of some theologians, the German catholic church is close to a schism with the Catholic Church. Regardless of whether you agree or not, I'm interested in knowing what ...
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1answer
139 views

I want to be forgotten according to Art. 17 GDPR. What is the correct procedure?

English I want to send someone a letter: Dear Sir or Madam, In accordance with Art.15 GDPR, I ask you to inform me whether you are storing data about me. If you do this, I ask you (and third parties ...
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legal to use screenshots/videos from games [duplicate]

I'd like to use screenshots from video games like Minecraft or Contraption Maker in presentations. Is this legal? My reasoning pro: I've seen screenshots from other software all over the place and ...
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0answers
38 views

Moving to Germany - Einküfte/income before the move in the Steuererklärung/tax reclaim

I hope someone would help me in this matter. In 2020 I was in Poland for the first seven months, and then, since August, I'm in Germany. I have received income from employment in both countries, in ...
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2answers
126 views

What legal actions can I take against someone who discards my property?

I had an agreement with someone that they would keep my property (two suitcases and some clothing) in their apartment for some time. It's only been three days, and every day this person sends me ...
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1answer
55 views

How to make a complaint as a comsumer in Germany without going to court?

I'm not familiar with German law, but I'd like to complain about a certain international company as I was tricked by a company to pay to use a method that was shut down by the company online and many ...
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1answer
118 views

Does a landlord have the right to force me to evacuate the room I am subletting before the last day of the tenancy contract?

I am subletting a room in a university hostel from a friend who is technically my landlord. The contract ends on the 28th of February. I have been away from the country and will be back on 25/02/2021. ...
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1answer
83 views

Is there a penalty for late registration of self employed status in Germany?

I believe it is the case (please correct me if this is wrong) that if someone earns money in Germany on a self-employed basis, then they are supposed to register as self-employed with the local ...
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2answers
972 views

What law makes a Movie “Nicht Feiertagsfrei”?

Top Gun, Life of Brian and Heidi (2001) don't seem to have anything in common, but in Germany they are all declared "Nicht Feiertagsfrei" and may not be shown in a cinema on some days. Among ...
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3answers
5k views

Is PI legally allowed to require their PhD student/Post-docs to pick up their kids from school?

Assuming that I'm a PhD student/Post-doc, what kind of tasks are the principal investigator(PI) - i.e the group leader - legally allowed to ask me to perform? For example, is s/he legally allowed to ...
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2answers
137 views

Blackmailing from Germany [closed]

I don’t know from where I should start but I am from Arabic Sudan and my Ex BF who lives in Germany is blackmailing me with private photos and videos he threat that he with post all over and send it ...
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1answer
89 views

Harming third party in self defence

I recently watched a german crime series and there was the following situation: Kidnapper kidnaps several hostages Hostage A wants to break free Hostage B joins them (voluntarily) Near the exit they ...
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1answer
64 views

Working more than the yearly limit as a foreign student in Germany

As a foreign student in Germany, one has a 120-full-days or 240-part-days work limit during the year. I have also noticed that different laws about foreigners not only depend on one's city but are ...
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2answers
139 views

What if I don't pay the deposit of a rental contract?

Here is the situation: I've just moved to a new flat in Germany, and my contract states that I need to pay a certain amount of deposit to my landlord. However, I really didn't like the flat from the ...
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1answer
70 views

Sell food products on Amazon in Germany as a side job [closed]

I'm from Iran and I live in Germany. I work here as a software developer. I have plans to import Saffron (Packed and ready for sale) from Iran with help of a 3rd party company and sell them on Amazon ...
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1answer
64 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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2answers
3k views

How can I request an ISP to disclose their customer's identity?

As far as I know, breaking the law online in Germany (such as sharing copyrighted content) often results in a fine from a private law firm which gets your personal data from your provider by sending ...
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5answers
3k views

Which countries' inheritance laws apply?

My mother, a German national with a green card passed away recently. Her husband (my dad) of 59 years is an American citizen (born in US). My mother spent the majority of her adult years in the United ...
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1answer
146 views

is it possible to use evidence from another countries in a german case?

what do I mean by that? well in Germany people's criminal records aren't public like in the US (you know when someone is a pedo or a rapist their name is revealed to the public) but in Germany it ...
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3answers
167 views

Are chess games copyrighted?

First and foremost, I've already done some research regarding my question - web pages including, but not limited to the following ones, weren't able to answer my question to it's full extent: https://...
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4answers
6k views

Can I deny people entry to a political rally I co-organise?

Can I deny entry or remove unwanted guests from a political rally I co-organise? If we organise an officially authorised political rally in a public place for a particular cause (Palestinian ...
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1answer
1k views

Are German Police allowed to ask about private contact information?

This question is based on a story that happened a couple of days ago. Two friends and I were walking outside. Right now, in Germany there are strict regulations about the number of persons and ...
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1answer
3k views

Can I legally refuse entry to a landlord?

I am subletting an apartment from a friend who is technically my landlord. I refused him entry late at night after we had a row about a longstanding problem with one of the facilities in the apartment ...
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3answers
185 views

Is an email legally binding for booking an apartment in Germany?

I am a visiting scientist in Heidelberg, Germany. I was unsuccessful in my search for a private apartment in town so I made a reservation request with the University guest house. They sent me a ...
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67 views

What are the penalties of making false police report in Germany?

my GF & I have discovered recently that our flatmate had made a false police report in Germany while she visited her partner there. In her report she told the police that her bag was stolen while ...
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1answer
110 views

Is a pardon (“Begnadigung”) under German law possible before a final court sentence?

I just read that under US law, the US president may pardon a person even before they have been sentenced, and even before they have been accused (see e.g. Ex Parte Garland, 1866). . I was curious ...
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2answers
488 views

Can a person be vaccinated against their will in Austria or Germany?

Is it legal for someone to be vaccinated against their will in Germany and Austria? Are there reasonable circumstances, under which this would be legal (e. g. if the government declares martial law ...

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