Questions tagged [germany]

Jurisdiction of Germany.

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How does the GDPR differ from national data protection law?

Before the GDPR came into effect, I had to deal with both the German Bundesdatenschutzgesetz and the Italian Codice in materia di dati personali, and recall them having very similar provisions (though ...
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Law regarding associations around the world

In Sweden there is something called law of association/association law (associationsrätt). An association (that is the word used in Swedish too) in this context is any cooperation between people. It ...
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68 views

Am I required to hand out my private encryption key by german law?

I have posted a question over at academia.stackexchange.com (see [1]) which involves a legal question that may better fit here. Context: I am a PhD student of a german university. Due to illness a ...
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45 views

Is it legal to perform communication with authorities for money in Germany?

I've gone through some processes of communcation with the register of associations and noted that there's no clarity of the process except for law texts and obscure forum posts. I thought, I'd would ...
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1answer
86 views

My wife does not eat since 4 days, and threats me by divorce. How to save our family with a baby? [closed]

We are in Germany. Both of us, and also our baby (2 months old) are the citizen of another (EU) country. Recently she became very crazy, and I don't know, what to do. She does not eat. The case is ...
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Can i record a video based on a book and then publish it in Youtube?

I have an idea to record videos based on some books and then publish the videos in my channel in Youtube. Of course, i will write a clear reference to the book and the author. But, i am wondering, ...
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1answer
60 views

Is it legal to display Buddhist/Hindu swastikas in Germany?

In Germany, it is illegal to publicly display Nazi symbols, including the swastika. However, the swastika (and its chiral counterpart, the sauwastika) are Buddhist and Hindu religious symbols with ...
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86 views

Can a company restrict the period in which a contract termination can be submitted?

I live in Germany and have a yearly contract for the Adobe Creative Cloud. This contract can only be canceled 30 days before the one year period ends. They say, that a termination notice prior to ...
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2answers
45 views

Responsibilities (legal and fiscal) for individual (based in Germany) hiring an international freelance contractor online

Suppose that an individual hires a freelance contractor (through online platforms like Fiverr, UpWork, or Freelancer.com). The contractor may be from any country and may or may not have a regular VAT. ...
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1answer
93 views

Marriage between two brothers and related situations

Incest (for example between a brother and sister) seems to be illegal in most countries. The main (and only?) argument for that is that there is a high probability that the children might be ...
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1answer
85 views

German “Quiet Hours” exceptions

I haven't been to Germany but I've heard of the Quiet Hours law. It is required to keep noises at very low levels during "quiet hours" like at night, on Sundays and holidays. However, I'm pretty sure ...
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64 views

Germany - can my boss refuse to pay me the Christmas bonus in light of my resignation?

I'm working in Germany. My company usually gives a 13th salary to its employees, divided in 2 parts (one half in June, and the second in December). It's not technically a 13th salary, since it's not ...
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125 views

Is it allowed to destroy political billboards?

I see that political posters in Germany during election get destroyed all the time. For example, NPD posters are always teard down or on a ground. Merkel's picture is often with beard and mustache. ...
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171 views

Is a 10 hour workday in Germany 9AM until 7PM or 9AM until 7:45PM?

From what I found in the google-translate of (what I believe is) the relevant Ministry of Justice page, it seems that lunch and breaks count towards the maximum of 10 hours per day in Germany. ...
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157 views

Can a thief legally use force to prevent you from take your property back, in Germany

In this comment on another stack a user claims: Even in thoroughly socialist places such as e.g. Germany where criminals have more rights than lawful people (see e.g. BGB 858 and 859 which not only ...
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31 views

Leave Germany for few months after having registered

I am a an Italian university employee in Munich. I have rented a flat until the end of November and I did the "Anmeldung" in the offices of the burgeburo. Now I need to leave Germany for 4 months due ...
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1answer
61 views

Buying a business in Germany

Therr is Person A with SoleTraderCompA and person B with no company. Person A wants to sell to B, B wants to buy. Both residents of Germany. How can this be processed? Transfer obligations etc. ...
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63 views

Section, sentence, nos. (German immigration law)

Section 18b of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory contains the next text: A foreigner who has successfully completed his studies at a ...
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2answers
339 views

Why are Nazi war criminals being prosecuted now?

Lately numerous former Nazi war criminals are being prosecuted. The latest being a 97 year old former SS soldier. But why are they being prosecuted now? Why did they take so long to do this?
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156 views

Must German job postings include “(m/f)” even in English?

As I understand it, German law requires companies posting job openings to address the gendered nature of the German language by including both the masculine and feminine forms of the job title (e.g., ...
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55 views

What does German law say about online threats using Social Media (Youtube)?

I was watching a Youtube Video where a man calls on other people to kill a woman who burned the Quran and filmed it. I know it's not OK if you disrespect somone's religion, but no one has a right to ...
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1answer
51 views

Public WiFi - when do you have to delete stored user data?

Note: I originally thought of this for germany, but if you have examples from other countries those are also welcome, since im interested in the topic in general. So lets say im using a public WiFi, ...
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47 views

Taxes and freelancing in Germany

This question is a follow up and more precise version of Tax law and freelancing as a side-job in Germany. As explained in the linked question, working as a freelancer in Germany could turn out to be ...
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2answers
188 views

Can I be fined for the intention to commit a traffic violation, after the police prevented me from carrying through?

After having stopped at a red traffic light, seeing the intersection empty, I was about to get on by bike and turn right when a police officer behind me informed me that doing so would mean a €100 ...
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27 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...
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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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6k views

Can you be convicted for being a murderer twice?

Germany has this weird specialty¹ in its criminal law's murder paragraph. While most paragraphs say something like “The person who does A is punished with B”, the murder paragraph (“Strafgesetzbuch § ...
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41 views

Tax law and freelancing as a side-job in Germany

Is it legally possible for a European (non-German) PhD student/research assistant at a German university (who gets paid according to 75% of the TV-L 13 wage) perform side jobs for international ...
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1answer
117 views

Can the EU legally mandate the sterilization of a member country? [closed]

To give context so that my question may be better understood and not just disregarded as trolling, I have just read "Germany must Perish!" by author Theodore N. Kaufman. It's a very well-written book, ...
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50 views

Storing chat messages in a private database with user consent

The Situation I am currently creating a Telegram bot for me and some friends that stores all chat messages we send in our group chat in a database so that we can retrieve advanced chat statistics. I ...
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1answer
103 views

Can a family member break into my room and can I take legal actions against it?

Here is the situation. I still live with my family like my brother (we are both of legal age) . We never had a good brother relationship. We always try to avoid each other as best as we can. In the ...
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1answer
62 views

Is it mandatory to register a business account at online shops?

I have a small computer business. I order about 5 devices (printers/SSDs/notebooks/...) total for my clients a month in different online stores. On many online stores you can register as private ...
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About BAFoeG Bundesausbildungsgesetz

I have received monthly payments during my university education in Germany for 7 years, until September 1990. I want to know whether the time lapse of now 29 years will be exempting me from paying ...
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1answer
74 views

Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?

I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph: § 18 Post-Contractual Non-Competition/Contractual Penalty (1) For a ...
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2answers
96 views

Ignore an invoice issued by an internet registration

I have registered for a training which is going to be organized in Germany. The registration was done by a form in which I have mentioned my personal information, my address, and the company I work ...
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1answer
97 views

Legal status of animals in Germany

How has Germany has dealt with the legal status of animals? What, if any, transition has taken place from a thing to a creature in a legal context? This question is prompted by a sentence found in ...
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1answer
181 views

I committed a crime against the Weapons Act in Germany - Can I travel there?

I bought a butterfly knife in Poland (where it is legal) and had an overnight stop in Germany. I checked my bags out from the airport that night, then checked them back in the morning. The knife was ...
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111 views

What legal charges could I face after this action?

So it seems I might have made a mistake. It was sunday evening and I was hanging out with around 10 people aged between 16 and 26 (rough estimate). At one point I grabbed the phone of one of the ...
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128 views

Mass, commercial identification of people appearing in porn

Someone on the Internet claims (I'll call this person "the operator" below): They have crawled around 100TB of data from both mainstream social networking sites, and porn sites with user-generated ...
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51 views

Work permit for a US based space and defence company for EU citizen

I'm looking into writing my bachelor thesis at a aerospace company abroad. My question is if there are any special regulation regarding working for a aerospace company, with military contracts, as a ...
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3answers
74 views

Default notice period in Germany

I work in Germany. I have a permanent job contract. Because of a mistake it doesn't contain a clause about the notice period in case I want to quit. What notice period is applied in this case? I'm a ...
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2answers
470 views

Innocent until proven guilty in Germany?

My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
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1answer
66 views

ARD / ZDF reduced bill or no pay at all

I have many years now "Tinnitus". I have already visited a doctor and he told me that i can use a hearing device or i should do an operation, if things go worse. A friend of mine said that as long i ...
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1answer
48 views

Can I sign multiple job contracts with different German companies?

I'm from a non-EU country, I have received some Job contracts from Germany. Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
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81 views

I suffer From PTSD but my Boss may fire me

I suffer from PTSD and depression. I worked as an interpreter in a war zone for 6 years. I can't get enough sleep because of my nightmares. Even if I sleep 12 hours I am still tired. I work in IT in ...
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1answer
170 views

How can I quickly make a tenant move out of a sold house?

Sold House in Germany in empty condition whitout tenants to a builder who wants to demolish and build a new house. Handover to new owner failed because one tenant still claims to live there. ...
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1answer
83 views

asked to sign an affidavit even though one can't testify

Imagine one bought something at an online shop. The shop ship it via a common shipping company. The online tracking said it has been delivered to the buyer but one didn't receive it, nor got a notice ...
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1answer
185 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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3answers
129 views

Do I need permission to use an image from a book from 1942?

The book is On growth and forms by D'arcy Thompson. It was published in 1942 and Thompson died in 1948. Wikipedia uses the image citing public domain. Can I use extracts and images from the book with ...
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1answer
324 views

Are contracts correct/legal with a wrong Postcode and City?

Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...