All publications by Pauline Kubat

Pauline Kubat

Member of the Lyon Bar

23 April 2021

COVID-19: Joint opinion from the EDPB and the EDPS on the digital green certificate designed to facilitate travels within the EU

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.

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26 February 2021

Opinion of the French Data Protection Authority on the contemplated extension of the Contact COVID digital information system

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.

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28 January 2021

Online gambling: An experienced poker player remains a “consumer” according to the CJEU

Does a player who is a little too experienced and victorious for an online poker site – this player having won 227,000 euros in less than a month and a half – retain the status of non-professional “consumer” within the meaning of Regulation (EC) No 44/2001 of December 22, 2000 (known as the Brussels I Regulation)?

In a judgment issued on December 10, 2020, the Court of Justice of the European Union answered yes to this question.

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30 October 2020

Recognition and enforcement of a US decision in France: The defendant’s disinterest in the American proceedings can be costly

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.

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15 May 2020

Covid-19: Extension of the state of health emergency

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.

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