Hot answers tagged

59

Isn’t this discrimination since nationals do not have to apply? Yes it is discrimination. But that does not make it illegal. In fact discrimination is in general legal unless it is based on some characteristic which is specifically forbidden as a basis for discrimination (e.g. race). And in general, all of the countries in the world allow and enforce ...


57

GDPR will continue to apply to UK customers directly until the end of the transition period (31 December 2020): So, while the UK will no longer have any voting rights, it will need to follow EU rules. The European Court of Justice will also continue to have the final say over any legal disputes. Thereafter, the Data Protection Act 2018 will continue ...


15

I need to apply for settled status. Isn’t this discrimination since nationals do not have to apply? Yes it is. Isn’t the UK Government breaking the law? No, discrimination is only illegal when it applies to specified classes (race, sex etc.) is specified situations (employment, access etc.). It is not illegal for immigration to discriminate against ...


10

No. The UK is no longer in the EU, and the terms of service, which are probably drafted poorly, fail to include non-EU countries that are subject to EU law, such as Iceland, Liechtenstein, and Norway. This oversight means that the UK is also not included as of the beginning of February 2020 when it ceased to be a member of the European Union.


6

While @Greendrake is generally correct that GDPR-like standards (via the Data Protection Act (2018)) will continue to apply to personal data of UK citizens/residents that are controlled or processed in the UK, there is a substantial question about whether the UK will be considered a "safe" jurisdiction for the purposes of the GDPR. This means that after ...


6

I want to answer one part missed so far: Isn’t the UK Government breaking the law? Currently, if the UK Government would be requiring this from you, they would break the law. Laws made by the EU. After the Brexit, the UK isn't part of the EU anymore. EU law doesn't concern them. The only law they could break is the law of the UK. And because the law of ...


6

You are a British citizen: Born in the UK between 1 January 1983 and 1 October 2000 Whether you’re a British citizen depends on where your parents were from and their circumstances. There are different rules if, when you were born: at least one of your parents was a British or Irish citizen at least one of your parents was a citizen of an EU or EEA country ...


5

discrimination is in general legal unless it is based on some characteristic which is specifically forbidden as a basis for discrimination (e.g. race) sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status Your assumption is that you are ...


5

This is more a political question than a legal one, so the answer is more political than legal. Countries are sovereign, and thus can decide which treaties affect them. The UK does not need to agree to any treaty with the EU. It can just refuse to sign the agreement, and just go on its own. Of course, this works both ways. In the same way the EU cannot ...


5

Generally speaking, British courts, when making judgments on constitutional matters regard themselves as interpreting existing law, rather than creating new law. But technically speaking, any legal precedent established by a court can be interpreted as "creation of new law". For the avoidance of doubt, the sources of law in the law of England and Wales ...


5

When personal data is transferred between the EU and UK, this is an “international transfer” (also called “restricted transfer” in ICO guidance). Transfers of personal data from the UK to the EU/EEA are easy since the UK has granted an adequacy decision to the EU (see Art 45 GDPR). Nevertheless, this must be disclosed to data subjects per Art 13(1)(f) GDPR. ...


4

A writ of Mandamus A person with standing (say an MP), can apply to the court for a writ of mandamus. This is an order from the court requiring the person to do the thing they are legally obliged to do. Failure to follow a court order is contempt which in England and Wakes is punishable by imprisonment for up to 2 years.


4

No. There are almost no constitutional lawyers (at least, that I have seen make pronunciations on the subject) who seem to think that this is a serious means of forcing a no deal Brexit; such an attempt would be obviously unconstitutional and would almost certainly be injuncted in court within hours of such an order being issued. Orders of council cannot ...


4

Human rights are red herring here. Your human right is to stay in your own country, not in a country of your choosing (in this case UK). You're requesting a privilege beyond human rights. All other rights and privileges are given to citizens by the state. A non-citizen has no such rights by default. UK had chosen to grant you some rights by the means of ...


3

There seems to be no case for confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that. By setting a minimum age of 16 only for EU countries, SE ...


3

Not before the transition period ends (31 December 2020): During this period, the UK will remain in both the EU customs union and single market. That means, until the transition ends, most things will stay the same. This includes: Travelling to and from the EU (including the rules around driving licences and pet passports) Freedom of ...


3

Now, because of Brexit, I have been told that in order to stay I need to apply for settled status. Isn’t this discrimination since nationals do not have to apply? Yes, requiring you to apply for settled status is discrimination. It is well established that a country may discriminate against foreigners by imposing conditions on their presence in its ...


3

As of 23:00 GMT on 31 January 2020, the UK is no longer a member of the European Union. But there is a 'transition period' or 'implementation period' until 31 December 2020. During this period the UK is 'in' the EU single market and customs union. For practical purposes it is 'in' the EEA until 31 December 2020. By the way, Switzerland is not a member of ...


3

Would there a breach of my human rights if I was not to apply for settle status and then subsequentially got deported (taken away from my children, home, business, etc.)? How about if I was refused, re-entry or access to public services (NHS for example)? To answer only this part of the question, the answer is potentially yes. It's not unusual for ...


3

The UK remains an EU member state until 31st October 2019. Unless a further extension is requested and granted. (One is obligated to be requested if an agreement is not reached by the 19th Oct) At the time of writing, there have been no changes to identity document requirements for EEA (includes EU) or Swiss citizens visiting the UK - they can enter the UK ...


2

Got this resolved. Basically Finland has no rights to tax the income in any way and it does not matter whether the worker resides in an EU country or not. Only thing that needs to be done from the Finnish side is mark it down to income registry. From UK side you just need to jump through the hoops of PAYE scheme. 1) yes, no effect from brexit 2) no, no ...


2

Legally, he is wrong. By convention, he is right. The courts have decided that there are no constraints on the sovereignty of parliament. Whatever parliament does is legal. Therefore, legally, Her Majesty (through Her Government) cannot refuse a Humble Request. However, by convention, parliament does not use these frivolously or willfully - but they can. ...


2

In the GDPR, international data transfers occur when the target/recipient of the transfer is or is in: a third country, i.e. not an EU member state; or an international organization, i.e. not subject to the laws of any country. Transfers into an EU member state are not international transfers in this sense. Therefore, a post-Brexit UK data controller ...


2

Leaving the EU will not affect these Terms unless WhatsApp update them "European Region" is a definition they've invented. It has no legal meaning in relation to the European Union or our status therein. They define "European Region" as: Andorra, Austria, Azores, Belgium, Bulgaria, Canary Islands, Channel Islands, Croatia, Czech Republic,...


2

Pactical Law's page on UK GDPR says: The UK GDPR is the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (EU GDPR) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and ...


1

In general, obtaining a Visa is a thing that is done according to the discretion of the state offering it. As a result, it is entirely up to the Austrian regulations. To establish the necessary information, sometimes additional information is required then the basic ones. Austrias Visa page lists: Nachweis über ausreichende Mittel zur Bestreitung des ...


1

There is also the option of a trustee service. Here, they write: Requirements for the .eu trustee service: Postal address in the respective country of registration for the AdminC (administrative contact) or the OwnerC (owner contact) Legal agreement with a trustee service provider, e.g. the registrar Local contact person for the domain The customer ...


1

Right now: yes There is a transitional period until 31 December 2020 where EU law applicable to the UK continues to apply as if the UK were still a member even though they aren’t. After that, no but presumably SO will have modified their TOS. That’s what the transition is for. Further, any contract must be interpreted in light of what a reasonable person ...


1

In addition, if you want to stay in the U.K. beyond Jan 2021, you will have to apply for “pre-settled” status which allows you to remain with short interruptions, and you can change this to “settled status” after being in the U.K. for five years, which allows you to leave and return within five years. I wouldn’t be surprised if the U.K. enforced freedom-of-...


1

Although the UK has formally exited the European Union, it is in a 'transition' or 'implentation' period until 31 December 2020. During this period, the UK remains in the single market and customs union and such rules continue to apply as they did while the UK was an EU member state. If you are in any doubt, you should contact your passport authority and ...


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