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 ...


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 ...


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

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 ...


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 ...


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

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 ...


10

You are referring to article 9 of Regulation (EU) No 1169/2011 which contains: Article 9 List of mandatory particulars In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory: (...) (l) a nutrition declaration. In a comment you clarify that you are talking ...


10

Eritrea, Turkmenistan and San Marino are the three countries without copyright laws. A handful of other countries are not party to any copyright treaties, such as Iran, Iraq and the Marshall Islands. There is no law against infringing non-Iranian copyright in Iran, so if you are in Iran and download non-Iranian content, you won't get sued in Iranian courts. ...


8

united-states In the United States, divorce is a matter of state law, and each of the 50 states has slightly different laws. But in general, it is not true as a matter of law that divorced women are awarded everything but "a mattress and a TV". A small number of states, of which the largest are California and Texas, are community property states. ...


7

In Europe (as defined above) it does not appear that any country allows an asylum claim based solely on the fact of being subject to obligatory military service. However, asylum claims can be made based on obligatory military service plus something surrounding the circumstances of military service. For example, during the Vietnam war, Sweden granted asylum ...


7

They are setting that requirement in q very broken and illegal way - but their core goal is a legal one. Think about it: if you require employees to speak Navajo because you need that, that is lawful, even though it will have a strong tendency to select for certain Native American tribes (i.e. Navajo). An employer can require English language because it's ...


6

Most likely yes if you are subject to UK or EU laws: The EU ePrivacy directive and implementing laws such as PECR in the UK require that you obtain consent before accessing information on a user's device, unless that access is strictly necessary to perform a service requested by the user. Cookies and similar technologies such as LocalStorage are stored on ...


6

Can the subject actually sue me in England, or is it possible to sue only in the EU country I posted the article from, or in the US where the article is actually hosted? Yes. If the online encyclopedia is available in the UK, then you have libelled them in the UK and, indeed, in every country where it is available. They can choose to sue in and under the ...


6

It could probably be argued that a bullet intentionally shot from a gun is abandoned property, and thus the shooter has no claim to its return. In addition, such a bullet might be evidence of a crime, to be seized by law enforcement, although that would not affect its ultimate ownership, at least not in the US. Intent matters in such cases. A person who ...


6

There are no specific criteria for deciding whether a request is manifestly unfounded or excessive, because this depends very much on context. The ICO has given some clarifications, but they still won't tell you an allowed frequency of requests. We (as data subjects) should not invent particular criteria because they would be only our opinion. In any case, ...


5

The EU-wide 48 hour limit and the German Arbeitszeitgesetz only apply to employees, not to self-employed persons or freelancers. Thus, it would in principle be legal to have a full-time job and do any amount of freelancing on the side. I'm not sure whether your PhD student position factors into this since it is unpaid. If you have multiple employers, the sum ...


5

This sounds like legal nominative use to me. The issue is trademark. Trademark law isn't a monopoly on using the trademark, it is a prohibition on using the trademark in a way that misleads a customer about who is selling something or what is being sold. You cannot sell goods in a manner that implies inaccurately an affiliation or endorsement of a trademark ...


5

is this absolutely required to be considered a valid document in most jurisdictions, most notably, the European Union? Not at all. There is no legal requirement that contracts, terms of service, and so forth be drafted, devised, or even validated by a lawyer. Law requires that certain types of contract be notarized. That refers to the moment where the ...


5

Probably not. This condition is what's known as a penalty clause, which is not universally allowed. This article discusses penalty clauses in EU law. In the English-Belgian variety, the clause is simply not enforceable. In the Dutch-French and German-Swiss models, such a clause might be enforceable, but the judge can adjust disproportionately high amounts – ...


5

TLDR: it's illegal to BUY it. It's illegal to USE it. Know your suppliers. That's certainly an interesting question, in light of how the market has changed in recent years, particularly due to Amazon/eBay, but even moreso due to Amazon Fulfillment and competitors. Over on diy.se, this is a constant vexation, because we see people buy crud like this all the ...


5

No Always assuming that the government has operated within the limits of its powers or, at least, that if they have exceeded those powers the excess was in good faith. First, there is the issue of sovereign immunity. Basically, a government can be held liable only when it consents to be held liable. Most governments never waive this with respect to their ...


4

The answer to your question does not depend on what the laws of the UK, other countries or even the EU say about bull bars. The reason is simple: All of those countries signed the Geneva Convention on Road Traffic. According to Wikipedia, by signing the Convention, those countries agreed to respect each others technical requirements. As a result, any car ...


4

I cannot find any relevant judgements from June 2007 that were published by the Irish High Court using the judgement finder. However, over 50 similar cases were issued at the High Court regarding this matter, and all but 10 were settled prior to a bundle of four cases being issued before the High Court which ultimately referred the matter to the European ...


4

This question concerns Dutch law. Specifically, the Wet op het hoger onderwijs en wetenschappelijk onderzoek ("WHW") is applicable, as well as further rules seth forth by the Board of your university. Pursuant to Article 7.10(2) WHW, a degree is completed once all study elements (individual exams) of the degree program are graded/completed, insofar ...


4

The U.S. routinely extradites criminal defendants located in the United States to the E.U. Each year since 1990, OIA has opened between 670 to 950 extradition cases based on requests from U.S. prosecutors and foreign governments. During the same time period, OIA closed between 380 to 960 cases per year. OIA's case closure rate has not kept pace with the ...


4

In Spain, most traffic offenses are usually considered administrative sanctions and involve just a relatively small fine, and perhaps losing some points in your licence. In those cases, if the driver if the vehicle cannot be established (your example, or a far regular one of a parking violation in which the officer did not see who did park it and will not ...


4

In Austria they have a law about "Kreditschädigung" (website from the Austrian government, "credit damage") translated by Google as: Because of credit damage, a person is liable to prosecution if he or she asserts incorrect facts and thereby harms or endangers the credit, the acquisition or professional advancement of another person. A ...


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