[Gnso-impl-thickwhois-rt] Notes from Erika Mann on the EU-US Privacy Shield

[Fabien Betremieux]

Dear IRT Members,

Please find below the notes Erika Mann referred to in our discussion on 30
June.

Best Regards
-- 
Fabien Betremieux
Sr. Registry Services & Engagement Manager
Global Domains Division, ICANN

>  Privacy Shield 
> * Commissioner Ansip and Jourova will explain status to European Commissioners
> on July 5
> * Internal EU Member States adoption under written procedure is expected on
> July 11
> * Austria is still not happy about the agreement and Germany raised new
> concern but it's expected that Germany will support the agreement
> * Commissioner Jourova and Pritzker will formally sign on July 12
> * Companies can in theory sign on from July 13 although the USG will need
> until "autumn" to set up the system to allow companies to start
> self-certifying. Pritzker will give more information on this process on July
> 12
> * ³Our legal people would have preferred to spend more time but it is time to
> conclude.² Already three Safe Harbour companies have been fined in Germany
> * The new adequacy agreement includes a review clause, means that the doc will
> be a 'living doc'. The EC and USG agreed to further monitor ³automated
> decision making".
> * The first workshop on implementation of GDPR will be co-hosted with Art 29
> and take place on July 26-27. Ansip encouraged industry participation.
> * What is new? 
>> * Clarity on Ombudsperson including on its autonomy
>> *  USG access to bulk data for national security reasons
>> * Companies¹ obligation to delete (this was only implicit before
>> * Clear data retention obligations on companies to delete what is not
>> necessary
>> * Clarity on onwards transfer
>> * PS will require strict compliance with self-certification needed annually
>> * Companies can voluntarily provide transparency reports to demonstrate that
>> USG requests are ³within limits²
>> * PS¹ effective redress mechanisms will apply to all transatlantic transfer
>> mechanisms which is even more important given the new Ireland case
>> * Commissioner Jourova expect many thousands of companies to sign on
>> including new ones
>> * The adoption of the PS adequacy decision is not the end. The EC will
>> continue to monitor authorities and companies
>> * PS includes new elements of relevance to the Ireland case, notably the
>> Ombudsperson and independent investigatory authorities in the U.S.
>> Commission expect the USG to present these new features to the Irish High
>> Court
>> * Companies can chose between dispute settlement with European DPAs or
>> arbitration system in the U.S. He strongly encouraged the former.
>  
> 
> Link to leaked PS text
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.politico.eu_wp-2Dcont
> ent_uploads_2016_06_Privacy-2Dshield-2Dtext-2Dfor-2Dopinion-2Dand-2Dannexes.pd
> f&d=CwMFaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=4dtdp_msuCJBqD11_KMJzg&m=2T41VZ0O1X__6ax
> coUFXjYDQNcPUspTTMpFkI8g7awo&s=KpBg9K02C3hO6s_GmJaLpgjjx8g9PjB3HKZYwRjCLq4&e=>
> .
> 
>  


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