Article authored by Pauline Kubat and published in the magazine Gambling.Re (May 2021 edition).
Gambling.Re is an independent platform dedicated to commenting gambling regulatory novelties across the globe, and issues an online magazine every month.
On March 17, 2021, the European Commission presented a proposal for a regulation to create a digital green certificate to facilitate free movement within the European Union in the current context of the COVID-19 pandemic.
This contemplated digital tool was discussed in a joint opinion from the European Data Protection Board and the European Data Protection Supervisor dated March 31, 2021, published on April 6, 2021.
In a deliberation No. 2021-006 issued on January 19, 2021, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) gave its opinion on a draft Decree aimed at strengthening the system for tracing the chains of COVID-19 transmission, known as the “Contact Covid” information system, as part of the French Government’s strategy to fight against the spread of the virus.
This article outlines the CNIL’s main observations and recommendations which aim at maintaining the protection of often sensitive personal data while the draft Decree foresees a considerable and substantial extension of the information collected.
In a decision dated September 16, 2020, the Cour de Cassation (French Supreme Court) ruled on the conformity of California law with French international procedural public policy. By the combined application of several California procedural rules, a French defendant had been deprived of a remedy. The Cour de Cassation, asked to rule in the context of the procedure for the recognition and enforcements of the American judgment, nevertheless considered that there was no violation of French international public policy.
Analysis of a decision with surprising implications.
Law No. 2020-546 of May 11, 2020 extends the state of health emergency until July 10, 2020 included. As a reminder, the state of health emergency was declared by the Law of March 23, 2020 for an initial period of two months.
In addition to this one-and-a-half-month extension of the state of emergency, the provisions of the Law mark a cautious and progressive lifting of the lockdown in France.
This article provides an overview of the main measures adopted.
The Emergency Law to deal with the Covid-19 epidemic empowers the Government to take, by means of Ordinances, the adaptation measures intended to put in place health emergency arrangements.
As a result, the Government adopted 25 Ordinances on March 25, 2020. In judicial matters, several Ordinances were issued to govern the organization of courts and procedures during this crisis.
Regarding specifically the rules of civil procedure, two Ordinances have been adopted and have a significant impact on (i) applicable time-limits and the conduct of civil proceedings, and (ii) the organization/operation of courts ruling in non-criminal matters.
Strategic Lawyering