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How to handle a lawsuit/complain

     
11:54 am on May 31, 2018 (gmt 0)

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Sorry, if it sounds dumb. If one (me for example) receives a complain, or if a lawsuit is opened for any kind of alleged infringement, what should be done? In which country would a lawsuit be settler? In the attacker's country, or in the "accused" one? How to find a lawyer? How to know if a lawyer is good or not? Is there associations, which are proposing their services, or putting you in relation with lawyers, in this matter?
4:22 am on June 1, 2018 (gmt 0)

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We do not give legal advice here at Webmaster World, we are not lawyers. This is not a discussion that yields answers. Questions of this nature can only be answered by a qualified lawyer... contact them directly.
6:55 am on June 1, 2018 (gmt 0)

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How to find a lawyer?
How to know if a lawyer is good or not?
Is there associations, which are proposing their services, or putting you in relation with lawyers, in this matter?

These questions do not sound like asking for legal advises, but okay, I won't ask sorry.
11:08 am on June 1, 2018 (gmt 0)

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The whole topic is a challenge for everyone, and I suspect nobody yet knows, it's all new.

It is a case of finding a local lawyer, and a search in your local search engine should turn up someone.

I don't think anyone here knows the answer on that one.
11:22 am on June 1, 2018 (gmt 0)

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There soon should be a multitude of attorneys wanting to get in on this. What you don't want is some layman's opinion.
2:28 pm on June 1, 2018 (gmt 0)

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In hypothetical terms---in infringement or copyright cases---seek an attorney qualified in that scope of law. As for venue, the suing party picks the court unless there are agreements which say otherwise. We can't get more specific as we are not legal advisors.
2:51 pm on June 1, 2018 (gmt 0)

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The actual law is not especially helpful in clarifying the jurisdiction.
Art 79 - "Right to an effective judicial remedy against a controller or processor" Para 2 [gdpr-info.eu]
    Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.


It's worth remembering that the "Judicial Remedy" is about actual damages, not just failure to comply with the law.

OTOH, the Administrative fines levied by the Supervisory Authority (of the Controller/Processor Member State, per other thread) are non-judicial remedies.
3:04 pm on June 1, 2018 (gmt 0)

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It's also worth adding that I suspect many lawyers are going to be struggling with this, too, as it's all untested.
 

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