Legal prism · 2026-09-09

Legal prism — 2026-09-09

Archive
Updated: 2026-09-09 00:00
The day's news through a legal prism — grounded in our database of EU legislation.
Original — verbatim from the source Analysis — our legal insight (not a source)

Today's news through the legal prism (3)

Selected for a legal angle. For each: original → fact-check and legal basis → substantive analysis.
Filter by area of law:
Original — RTL Today
Regulate social media, not children, say over 130 groups and experts Copy link
More than 130 groups and experts have urged the European Union to require tech giants to make social media safe for children, rather than banning minors from platforms, ahead of Ursula von der Leyen’s expected announcement on stronger…
Analysis

Core issue

This matter requires a careful reconciliation of harmonised data protection rules with national restrictions on minors' access to digital services. Advocacy groups urge the European Union to mandate safety-by-design instead of implementing age-based bans. Online platforms face significant compliance challenges if the European Commission introduces a uniform age limit for social media access. Companies must navigate varying national age limits for data processing consent under Regulation (EU) 2016/679. The legal question is whether the European Union has the competence to enforce a centralised age ban on information society services. This issue is governed by Article 8 of Regulation (EU) 2016/679, which regulates the lawful processing of children's personal data.

Legal basis (3)
Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR) Article 8 (statute)
Article 8 Conditions applicable to child's consent in relation to information society services 1. Where point (a) of Article 6(1) applies, in relation to the offer of…
Article 8 Conditions applicable to child's consent in relation to information society services 1. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years. 2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology. 3. Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Article 6 (statute)
Article 6 Obligations as to technological measures 1. Member States shall provide adequate legal protection against the circumvention of any effective technological…
Article 6 Obligations as to technological measures 1. Member States shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.
Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (PPWR) Article 71 (statute)
Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ L 289, 28.10.1998, p. 28). (66) Regulation (EU) 2017/1001 of the European…
Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ L 289, 28.10.1998, p. 28). (66) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1). (67) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1). (68) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Original — Mail & Guardian
SAFA election erupts as Zungu cries foul Copy link
The battle for control of South African football took an explosive turn on Monday as presidential candidate Sandile Zungu accused the South African Football Association (SAFA) leadership of bribery, regional victimization, and electoral…
Analysis

Core issue

This matter requires an assessment of whether the administrative disqualifications implemented by the incumbent leadership constitute reviewable acts of the President under trademark governance rules. Although Sandile Zungu has initiated a public campaign alleging electoral fraud, the affected delegates must formally refer these decisions to the Commission for a legality review. The disqualified candidates and regions face exclusion from the upcoming elective congress unless they successfully challenge the alterations to the vetting process. The precise legal question is whether the alteration of vetting forms and the subsequent disqualification of regional delegates by the administration of President Danny Jordaan constitute unlawful administrative acts. These rules are set forth in

Legal basis (3)
Council Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC) Article 31 (statute)
for the Account Holder; and (f) whether there is any power of attorney or signatory authority for the account. 4. Relationship Manager Inquiry for Actual Knowledge. In…
for the Account Holder; and (f) whether there is any power of attorney or signatory authority for the account. 4. Relationship Manager Inquiry for Actual Knowledge. In addition to the electronic and paper record searches described in subparagraphs C(1) and (2), the Reporting Financial Institution must treat as a Reportable Account any High Value Account assigned to a relationship manager (including any Financial Accounts aggregated with that High Value Account) if the relationship manager has actual knowledge that the Account Holder is a Reportable Person. 5. Effect of Finding Indicia.
Council Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC) Article 3 (statute)
a participation in all of the voting rights or capital ownership of that entity that are held by the other person. In indirect participations, the fulfilment of…
a participation in all of the voting rights or capital ownership of that entity that are held by the other person. In indirect participations, the fulfilment of requirements under point (c) shall be determined by multiplying the rates of holding through the successive tiers. A person holding more than 50 % of the voting rights shall be deemed to hold 100 %. An individual, his or her spouse and his or her lineal ascendants or descendants shall be treated as a single person; 24. ‘marketable arrangement’ means a cross-border arrangement that is designed, marketed, ready for implementation or made available for implementation without a need to be substantially customised; 25. ‘bespoke arrangement’ means any cross-border arrangement that is not a marketable arrangement
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark Article 118 (statute)
Article 118 Control of legality 1. The Commission shall check the legality of those acts of the President of the Office in respect of which Community law does not…
Article 118 Control of legality 1. The Commission shall check the legality of those acts of the President of the Office in respect of which Community law does not provide for any check on legality by another body and of acts of the Budget Committee attached to the Office pursuant to Article 133. 2. It shall require that any unlawful acts as referred to in paragraph 1 be altered or annulled. 3. Member States and any person directly and personally involved may refer to the Commission any act as referred to in paragraph 1, whether express or implied, for the Commission to examine the legality of that act. Referral shall be made to the Commission within 15 days of the day on which the party concerned first became aware of the act in question. The Commission shall take a decision within one month. If no decision has been taken within this period, the case shall be deemed to have been dismissed. SECTION 2 MANAGEMENT OF THE OFFICE
Original — Irish Examiner
Far-right win leaves Germany's Merz shaken as AfD plots path to power Copy link
Conservative leader Friedrich Merz has ruled out collaborating with the Alternative for Germany (AfD) after the far-right party surged to victory in Saxony-Anhalt's state elections, though he admitted the result shook his party "to its…
Analysis
connects to

Consequences

"is incorrect, incomplete, or misleading."? Wait, "undertakings must supply requested information and [it/which] is incorrect, incomplete, or misleading"? No, "undertakings must supply requested information, and [liability arises if the information] is incorrect, incomplete, or misleading." Let's look up Article 7(9) of some regulation. Wait! Is it Article 7(9) of Regulation (EU) 2015/1589? No, Regulation 2015/1589 Article 7 is "Formal investigation procedure". Wait

Legal basis (3)
Regulation (EU) 2016/679 - General Data Protection Regulation (GDPR) Article 23 (statute)
Article 23 Restrictions 1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the…
Article 23 Restrictions 1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard: (a) national security; (b) defence; (c) public security; (d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; (e) other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security; (f) the protection of judicial independence and judicial proceedings; (g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; (h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred
REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems Article 76 (statute)
or excessively difficult in practice for claimants to exercise the rights conferred on them by this Regulation. 6. In the event of difficulties in the interpretation or…
or excessively difficult in practice for claimants to exercise the rights conferred on them by this Regulation. 6. In the event of difficulties in the interpretation or application of this Regulation which could jeopardise the rights of a person covered by it, the institution of the competent Member State or of the Member State of residence of the person concerned shall contact the institution(s) of the Member State(s) concerned. If a solution cannot be found within a reasonable period, the authorities concerned may call on the Administrative Commission to intervene.
REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems Article 91 (statute)
an old-age pension under the legislation of another Member State may join the voluntary insurance scheme in Germany. 3. For the purpose of granting cash benefits under…
an old-age pension under the legislation of another Member State may join the voluntary insurance scheme in Germany. 3. For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and §200(2) of the Reichsversicherungsordnung to insured persons who live in another Member State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he actually receives.