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<p><font size="+1"><font face="Lucida Grande">Binding corporate
rules, with a set of derogations that would be specified in
certain contracts, (as the kind of contractual clauses that
clarify what can be done in certain jurisdictions) is not that
hard to build. International companies have been working on
these mechanisms since the 90s, the Article 29 group have clarified
how to do it in a series of their Opinions, .....and the
corporations and working parties in the International
Conference of Privacy and Data Commissioners made sure these
things would work internationally. yes it is work but global
operations require quite a bit of work. Time to get going on
it.</font></font></p>
<p><font size="+1"><font face="Lucida Grande">The lawyer we hired
for this opinion (Chris Kuner) is an expert in this, he has
worked with tons of companies striving for compliance with the
Directive 95/46. ICANN is awfully late to the party, but this
is certainly not the most complex application in the world to
figure out....</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Paul Schwarz (another
data protection lawyer who is expert in these matters) wrote
an excellent article on the coming confrontation between the
US and EU over the GDPR (Harvard Law REview 2012). He notes
the excellent work that companies and dpas did to make sure
that such mechanisms as contractual clauses actually worked,
when dealing with the Directive. Historically, the first
companies to really start pushing contractual clauses way back
in the early 90s as I recall were the direct marketing
companies. Anyway....the bottom line is where there is a will
there is a way. I hope we can muster a common will to
actually work on solutions, instead of denying the reality of
rights and data protection law, a position that puts various
parties at risk in a variety of ways. <br>
</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Stephanie</font></font><br>
</p>
<br>
<div class="moz-cite-prefix">On 2017-09-27 10:04, Chuck wrote:<br>
</div>
<blockquote type="cite"
cite="mid:00be01d33799$8dfd0650$a9f712f0$@cgomes.com">
<pre wrap="">It's hard to disagree with Sam's point that "ICANN needs a resilient and
sustainable policy strategy here. A strategy that sits above the weeds of
conflicting GDPRs". Put in other words that we have all heard many times, a
one size fits all approach will not work for all users, for all
jurisdictions, for all registrants, for all registrars, for all registries,
etc.
Chuck
-----Original Message-----
From: <a class="moz-txt-link-abbreviated" href="mailto:gnso-rds-pdp-wg-bounces@icann.org">gnso-rds-pdp-wg-bounces@icann.org</a>
[<a class="moz-txt-link-freetext" href="mailto:gnso-rds-pdp-wg-bounces@icann.org">mailto:gnso-rds-pdp-wg-bounces@icann.org</a>] On Behalf Of Sam Lanfranco
Sent: Wednesday, September 27, 2017 5:53 AM
To: <a class="moz-txt-link-abbreviated" href="mailto:gnso-rds-pdp-wg@icann.org">gnso-rds-pdp-wg@icann.org</a>
Subject: Re: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum
I remind us that we are looking at some principles to drive a process here,
the selection of the MPDS. We should not get lost in the weeds of
conflicting GDPRs.
Nations will have differences, to be negotiated, and ICANN itself (as
ICANN) should retain some procedural latitude to both navigate those
conflicts, and at the same time accept that it has an organizational
stakeholder interest in the resolution of those conflicts.
This is the world we live in. It will never be neat and tidy, so ICANN needs
a resilient and sustainable policy strategy here.
A strategy that sits above the weeds of conflicting GDPRs.
Sam Lanfranco
(ncsg/npoc)
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</pre>
</blockquote>
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