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

[Erika Mann]

Theo -

concerning the Privacy Shield we have to wait until the final agreement is
made public to be able to fully analyse what this means for
registrars/registries, but it principle it's going to be quite easy. Firms
will have to sign up to the agreement and will then be able to send
personal data to the US. In signing up to the agreement, firms will consent
to the points mentioned in the agreement. Since we only have seen leaked
documents, we have to wait until we see the final agreement to judge these
obligations.

The aspects I mentioned in my email relate to general topics the European
Commission is concerned about at the very end of negotiations, my email was
not covering registrar/registry specific aspects.

Erika

On Fri, Jul 8, 2016 at 10:14 AM, gtheo <gtheo at xs4all.nl> wrote:

> That is an excellent recap, thanks.
>
> However this does not cover the new EU regulations and this is starting to
> become an issue the further we move in time.
>
> Back in the day when I made the legal analysis based on the
> recommendations, there was not much of an issue. If we as a wholesale
> Registrar require explicit consent then we actually need to chase down like
> 400k registrants.
>
> Now there are several solutions here. Just thought I point out this
> possible barrier that might slow down our migration. We'll see what the
> GNSO comes up with.
>
> Thanks,
>
> Theo Geurts
>
>
> Fabien Betremieux schreef op 2016-07-08 12:29 AM:
>
>> 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
>>> * "Our legal people would have preferred to spend more time but it
>>> is time to conclude." 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 "automated 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
>>> * Companies' 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 "within limits"
>>> * PS' 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 [1].
>>>
>>
>>
>> Links:
>> ------
>> [1]
>>
>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.politico.eu_wp-2Dcontent_uploads_2016_06_Privacy-2Dshield-2Dtext-2Dfor-2Dopinion-2Dand-2Dannexes.pdf&amp;d=CwMFaQ&amp;c=5VD0RTtNlTh3ycd41b3MUw&amp;r=4dtdp_msuCJBqD11_KMJzg&amp;m=2T41VZ0O1X__6axcoUFXjYDQNcPUspTTMpFkI8g7awo&amp;s=KpBg9K02C3hO6s_GmJaLpgjjx8g9PjB3HKZYwRjCLq4&amp;e=
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