89

No, there is no EU regulation mandating companies' IT equipment to be changed every three months.


72

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 copyright infringement requires a deliberate act to infringe copyright for commercial gain. Both of the scenarios meet these requirements. In the UK (and probably ...


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 ...


48

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, nr. 4451/70. Stack Exchange can't decide the rules themselves. (The Dutch case confirms that sector-wide arbitration is in fact legal, with regard to a ...


42

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 less than 2 years after you turned 14) regardless of the place of birth, because (in that case) even if the child is born outside the US he or she will be a US ...


41

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 subject covered by GDPR. It does not matter where the data are stored. Note that you are asked to confirm that you're aware that US laws may be less ...


40

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 to avoid any 'constructive implication' of attorney-client relationship.


36

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 the provision of an information society service requested by the subscriber or user". It does not require you to seek consent for the use of any cookie no ...


35

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 amortization time. After three years, a leased device will be "paid in full" and purchased device will be fully amortized. Any factory warranty + optional ...


34

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 behalf of your employer. In the latter case, the service is (or at least should be) bound as a data processor who can only* use your personal data as instructed ...


27

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 days, then he apologised and thanked me for taking the moral (and legal) high ground. The second was a little trickier, I still said I would not install hooky ...


27

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 say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.


27

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 the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to ...


26

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 taken of all its features, and in particular of any information it contains concerning: (a) the characteristics of goods or services, such as their ...


25

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 ideas and beliefs). As a general rule, you must advertise your product truthfully, but that offers a lot of wiggle room that as "exact truth" is ...


24

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 particular job is lawful. Doing "editing, writing, or translation" obviously requires language fluency. But unless a business can demonstrate that it is ...


21

When I signed up over 5 years ago, I signed a contract agreeing to a specific service at a specific price and I was locked-in for 24 months, lest I be charged a penalty for early breach of contract As the original 24-month fixed term has expired long ago, the service provider is no longer obliged to provide the service at the original terms. They may ...


21

Your employer should have a Data Protection Officer. The first step when you have data privacy concerns at the workplace should be to talk to the DPO. An institution using software as a service by Microsoft, Google etc. will usually have a contract with the provider. This contract differs from the contract you have e.g. with Stackexchange, where you sign ...


20

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 appear to be based in law, but rather (mis)understandings of law. 17 U.S. Code § 512 provides protections for service providers when providing content, online. ...


18

Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it? You are entitled to backpay in accordance with the terms you accepted from HR. The employer's refusal to pay you from October 1st is in violation of Austria's Allgemeines bürgerliches Gesetzbuch at § 860a. At this point you have fully complied ...


18

This would be illegal in australia The Australian Consumer Protection law prohibits “misleading and deceptive conduct in trade or commerce”. This statement is misleading and probably deceptive. When deciding if conduct is misleading or deceptive, or likely to mislead or deceive, the most important question to ask is whether the overall impression created by ...


17

The European laws have specific sections regarding digital goods. The following two passages are relevant to you: From Returning unwanted goods: Warning! Please note that you may not use goods that you have received before deciding to withdraw from the purchase. The right to withdraw exists to allow you to examine the product in the same way as you would in ...


16

First of all, a password is not personal data. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online ...


14

Counter question: is it illegal to rob a bank if your boss tells you to do so? The answers are the same.


14

Of course it's legal. Hyperlinking to an unaffiliated website in no way "determine[s] the means and processing of data." The person who makes these determinations is the person running the website. If I link to Microsoft's website, that doesn't give me any control over how Microsoft processes data on the website.


13

The way I see it, any information that can be associated with an identified or identifiable person is personal information. So password hashes are personal information because they are definitely stored in the database in a way that is clearly associated to your email or other data that can identify you. However, I think there are two things to consider: ...


13

This is possibly but not necessarily fine. The data controller (the garage) is responsible for safeguarding your personal data. They must take appropriate safety measures, but this depends a lot on their own risk assessment. For example, to protect the data from being used by employees for their personal purposes, the controller might use organizational ...


13

This is a potentially litigatable matter under US employment law, where the outcome would hinge on what a "native speaker" is. One interpretation – a legally discriminatory one – of "Native speaker of Somali" is "a person born and raised in Somalia, who acquired Somali as their first language". This requires a specific national ...


12

Note that the reintroduction of border controls provided for in the Schengen Borders Code does not restrict free movement more than slightly: EU citizens and others who enjoy free movement should be allowed to cross those borders after being subjected to the border controls (unless they can be excluded on the grounds set forth in directive 2004/38/EC). I ...


10

People can take their personal cars through the Channel Tunnel from Great Britain to France. They don't actually drive their cars through the tunnel, but going by car is a perfectly normal way to travel between those two countries. That's probably the most well-known place where drivers will switch from driving on one side of the road to the other, but there ...


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