87
votes
Accepted
Is there an EU regulation mandating companies' IT equipment to be changed every three months?
No, there is no EU regulation mandating companies' IT equipment to be changed every three months.
- 9,284
74
votes
Accepted
Is it illegal to infringe copyright if your boss or your client ordered you to do it?
There are two parts to copyright liability: civil and criminal. TL;DR: both cases are criminal offences, and it is illegal to break the law even when you are paid to do it.
In the USA criminal ...
- 12.7k
63
votes
In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?
Almost every European nation has a "hate speech" law that makes the use of offensive bigoted words of phrases illegal. The U.S. does not have any such laws, and the First Amendment makes ...
- 21.7k
57
votes
Accepted
Does GDPR include UK customers, or not anymore?
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 ...
- 24k
47
votes
Accepted
How does SE's arbitration clause hold up under the GDPR?
Not going to hold up. Dutch Supreme Court confirmed 2012-09-21 in LJN BW6135 that arbitration is still covered by the the right to an independent judge, as established in Golder v UK, ECHR 1975-02-21, ...
- 5,031
43
votes
How can I get more than 10 years of transaction history from my bank?
Businesses only keep transaction data for as long as they have to
For a live loan account they will keep transactions while the account is live and then for as long as local law dictates (it varies ...
- 183k
43
votes
Accepted
At what point is uploading a movie with heavy compression not copyright infringement?
A few years ago, there was a trial in the USA about some short sound on some music CD:
One party claimed that one piece of music on the CD contained a sound of less than one second length which is ...
- 794
42
votes
Not registering my US born child of 1 US parent as a US citizen
Can I choose to not register my child as a US citizen?
No. Your child will be a US citizen regardless of whether you register anything, and (unless you have spent less than 5 years in the US, or ...
- 31.5k
41
votes
Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?
GDPR does not cease to apply because of the location of data storage. It applies based on the location of the data processor, data controller, and data subject. If you are in the EU, you are a data ...
- 31.5k
40
votes
Accepted
What is the purpose of a disclaimer like "this is not legal advice"?
In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers also use this disclaimer ...
- 508
38
votes
Accepted
How to store refusal of cookie consent
The so-called 'cookie law' obliges you to inform the user about the site's cookies (or use of Storage or such on the user's computer) and ask for consent for those that are not "strictly necessary for ...
- 9,284
38
votes
In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?
The US believes it's exceptional about freedom of speech
It isn't; it's just different.
For example, a European employer may ban the hijab providing they ban all other visible signs of political, ...
- 183k
36
votes
Accepted
In Europe, can I refuse to use Gsuite / Office365 at work?
You probably can't refuse to use such services.
The relationship between you and these services is very different when you interact with them as a consumer, versus when these services are provided on ...
- 23.5k
35
votes
Is there an EU regulation mandating companies' IT equipment to be changed every three months?
This might be a result of misinformation accumulating along a communication chain, based originally on the fact that for laptop/desktop IT equipment, three years is a common lease length or purchase ...
- 421
33
votes
Accepted
Legality of penalising Russian Oligarchs
In the united-kingdom, the legal basis flows from the Sanctions and Anti-Money Laundering Act 2018. This allows regulations to be made for particular sanctions regimes, in this case The Russia (...
- 766
32
votes
Why is place of birth shown on European driving licences?
Name and date of birth are not sufficiently unique to identify a person. While name, date of birth, and place of birth do not have to be unique, either, it reduces the number of false positives. Also, ...
- 12k
30
votes
Is there a way to determine if an email address is personal information?
Treat all email addresses as if they are personal data.
All email addresses that belong to a specific person are personal data of that person, regardless of the specific form of the address.
If your ...
- 2,603
28
votes
Is it illegal to infringe copyright if your boss or your client ordered you to do it?
I'm in the UK. I have been put in both these scenarios in times past. For the first I stood up to the boss and point-blank refused to do it, giving reasons. The atmosphere was tense for a couple of ...
- 389
28
votes
What is the purpose of a disclaimer like "this is not legal advice"?
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't ...
- 30.9k
28
votes
Accepted
Is it illegal to market a product as if it would protect against something, while never making explicit claims?
In the EU this could constitute a misleading advertisement under Article 3 of the Misleading and comparative advertising directive:
In determining whether advertising is misleading, account shall be ...
- 1,337
27
votes
Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?
GDPR consent must be freely given
The GDPR conditions for consent define it as (article 4.11) "‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of ...
- 2,171
27
votes
Do I need to present a GDPR banner to IP addresses outside of GDPR regions?
Your VPN scenario is why you have to show the banner to everyone. If you somehow knew beyond any doubt that someone was not in the EU, then you would not have to show a banner, but because you can't ...
- 12.1k
26
votes
Accepted
Why does browser cache not count as copyright infringement?
I'm only going to consider US perspectives, which may or may not answer your question entirely. Also, I'm not going to address the guesses in other answers because, and except to say, they don't ...
- 11.9k
26
votes
Is it illegal to market a product as if it would protect against something, while never making explicit claims?
Specifically it can be legal in the United States, where commercial speech (speech made in order to elicit business transactions) is not as strongly protected as political speech (speech containing ...
- 21.7k
26
votes
Accepted
Is it legal under Czech and EU legal system to punish people with prison sentences for publicly expressing their political views?
For a challenge under the European Convention on Human Rights (to which Czechia is a signatory) the relevant articles are 10 and 17. Article 10, on the right to free expression, has the caveat that it:...
- 766
26
votes
In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?
Insulting opinions can be actionable defamation in the United Kingdom. In Berkoff v Burchill & Anor [1996], for instance, a reporter wrote that an actor in The Frankenstein Chronicles was "...
- 54.2k
25
votes
In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?
A Norwegian woman, Christina Ellingsen, currently faces up to 3 years in prison for the following statement:
“Why [does] FRI teach young people that males can be lesbians? Isn’t
that conversion ...
- 424
25
votes
At what point is uploading a movie with heavy compression not copyright infringement?
Even squeezed down to a single pixel, the animation would still technically be a derivative of the original movie. However, using the movie in such a radically transformative manner would almost ...
- 1,119
25
votes
Accepted
Law behind copying items multiple times
I'll ignore whether a recipe is actually a good example, but I assume you're asking how a person who owns the exclusive rights to copy a thing (copyright) or to use a thing (patent) can allow multiple ...
- 24.5k
24
votes
Accepted
Is it legal for employers to hire only native speakers?
Employment discrimination based on the initial or native language of a prospective employee is probably not lawful under US federal law. Requiring the English-language skills actually needed for a ...
- 112k
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