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

[gtheo]

Hi Erika,

Thank you, and you are right. I'll check with our lawyers again as soon 
it is final. But I agree it will be rather simple. The new EU DPA, I 
guess I just need to dive into that beast ;)

Theo




Erika Mann schreef op 2016-07-08 10:33 AM:
> 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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