[Gnso-epdp-team] Recommendation 13 - Responsibilities of the Parties - email list discussion

Kavouss Arasteh kavouss.arasteh at gmail.com
Fri Feb 8 11:28:05 UTC 2019


Dear Kurt
I have indicated at several occasions that when we refer to an action to be
performed by two parties / entities ,we need to indicated " as mutually
agreed" The proposed text to be amended to read as below

The EPDP Team recommends that ICANN Org negotiates and enters into required
data protection agreements such as a Data Processing Agreement (GDPR Art.
28) or Joint Controller Agreement (Art. 26), as appropriate, with the
Contracted Parties. In addition to the legally required components of such
agreement, the agreement shall specify the responsibilities of the
respective parties for the processing activities as described therein.
Indemnification clauses shall ensure that the risk for certain data
processing is borne by either one or multiple parties, "AS MUTUALLY AGREED
"  that determine the purpose and means of the processing. [*Due
consideration should be given to the analysis carried out by the EPDP Team
in its Final Report.*]

*Action:*

Please indicate on the mailing list whether you have any concerns about
these modifications and/or what other aspects of this recommendation should
be discussed.

Deadline: Monday, 28 January, additional email discussion might follow
depending on responses.

Please kindly insert that in the text

Regards

Kavouss

On Thu, Jan 24, 2019 at 12:23 AM Kurt Pritz <kurt at kjpritz.com> wrote:

> Hi Everyone:
>
> With the goal of progressing on issues via email, the leadership team has
> considered the discussion provided during the Toronto meeting and suggests
> the following compromise language to address the different positions
> expressed. (This is a resend of an earlier email with only the subject line
> of the email updated.)
>
> *Discussion*
>
> The language below is the same language proposed by the small team that
> reviewed the comments, but modified:
>
>    - as suggested by Diane during the meeting to reflect that GDPR Art 28
>    is unlikely to apply in this situation, and
>    - by an addition (bracketed & bolded below) to reference the analysis
>    in the Final Report that this team recommends the creation of Joint
>    Controller Agreements, to appropriately influence the negotiation of
>    GDPR-compliant agreements.
>
>
> This language is intended to strike a balance between those preferring to
> leave some flexibility for ICANN Org and Contracted Parties to consider the
> appropriate agreements and those preferring to be specific about the type
> of agreement to be pursued.
>
> I understand this is a complex topic that might require additional
> discussion but it is also possible that we cannot be dispositive on this
> issue prior to a lengthy contract formation discussion that extends well
> beyond our time frames. For that reason, we are taking the liberty of
> making this recommendation and hope you accept it in the spirit it is
> offered.
>
> *Proposed Recommendation #13 Language*
>
> The EPDP Team recommends that ICANN Org negotiates and enters into
> required data protection agreements such as a Data Processing Agreement
> (GDPR Art. 28) or Joint Controller Agreement (Art. 26), as appropriate,
> with the Contracted Parties. In addition to the legally required components
> of such agreement, the agreement shall specify the responsibilities of the
> respective parties for the processing activities as described therein.
> Indemnification clauses shall ensure that the risk for certain data
> processing is borne by either one or multiple parties that determine the
> purpose and means of the processing. [*Due consideration should be given
> to the analysis carried out by the EPDP Team in its Final Report.*]
>
> *Action:*
>
> Please indicate on the mailing list whether you have any concerns about
> these modifications and/or what other aspects of this recommendation should
> be discussed.
>
> Deadline: Monday, 28 January, additional email discussion might follow
> depending on responses.
>
> Sincerely,
>
> Kurt
>
>
> _______________________________________________
> Gnso-epdp-team mailing list
> Gnso-epdp-team at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-epdp-team
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