[Gnso-epdp-team] ALAC Use Cases - Consumer Protection

Fri Jul 12 08:20:52 UTC 2019

Hi Greg,
I agree and isn't that (putting contact information on the website) a great
model for websites actively engaging in commerce? The German law is based
on EU regulations so the basic premise applies in all of Europe. Just
because other countries do not have such a legal requirement also does not
prohibit website operators from putting up that information voluntarily.
Putting that information on the website rather than a service half the
internet knows nothing about also seems to be the more sensible solution.

Maybe it is time for a grand information campaign for the rest of the
world: "Don't buy from unknown operators! Only trust websites with contact
information!"

And no, your premise is incorrect: Commercial actors are also entitled to
the same level of protection under the GDPR. It is just that a seperate
legal requirement exists to put certain information in a certain place. But
that requirement does not affect non-EU operators, who remain entitled to
the same protections under the GDPR as non-commercial operators are.

I would also advise against going down the well-travelled path of
"commercial vs non-commercial domains" again. We will just waste a lot of
time and will likely come down along the same results that the GNSO
community has come down on again and again and again: "Let's not!"
Domain names by their nature are in and of themselves neither commercial
nor non-commercial. It is the websites and other uses that can make them
either, but that status may change depending on use, jurisdiction and over
time. Hence the data should be connected to the use, not the domain itself.

-- 
Volker A. Greimann
General Counsel and Policy Manager
*KEY-SYSTEMS GMBH*

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net

Key-Systems GmbH is a company registered at the local court of
Saarbruecken, Germany with the registration no. HR B 18835
CEO: Alexander Siffrin

Part of the CentralNic Group PLC (LON: CNIC) a company registered in
England and Wales with company number 8576358.

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On Thu, Jul 11, 2019 at 4:25 PM Greg Aaron <greg at illumintel.com> wrote:

> Volker, checking the details on the Web site is easier in your country,
> Germany.  There the Telemedia Act requires that a web site owner post a
> great deal of information that allows a consumer to identify the provider.
> That includes address, details about the entity’s authorized representative
> (often the name of a legal person), telephone number and/or email address,
> details about shares and nominal capital, the company registration number,
> VAT number, and more.  It’s required even if services are offered not in
> return for payment but if advertisements are used to generate income.
>
>
>
> But that’s not the law in most of the world, which have no such
> requirement.
>
>
>
> The German law seems like a reminder that those engaged in commercial
> activity are not entitled to anonymity under GDPR.
>
>
>
> Best,
>
> --Greg
>
>
>
> *From:* Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf Of *Volker
> Greimann
> *Sent:* Thursday, July 11, 2019 9:29 AM
> *To:* Hadia Abdelsalam Mokhtar EL miniawi <Hadia at tra.gov.eg>
> *Cc:* gnso-epdp-team at icann.org
> *Subject:* Re: [Gnso-epdp-team] ALAC Use Cases - Consumer Protection
>
>
>
> Case 2 seems to be a bit far fetched and based on a discussion that has
> been done to death in various fora and WGs on ICANN previously. Do we
> really want to continue beating this dead horse? If a user wants to verify
> a site he wants to do business with, he can check the information on that
> site or in the SSL Certificate. If neither are present, that should tell
> any sensible user enough. There is absolutely no need for whois access for
> this purpose.
>
>
>
> Case 1 seems to refer to a case that is better handled by LEAs.
>
> --
> Volker A. Greimann
> General Counsel and Policy Manager
> *KEY-SYSTEMS GMBH*
>
> T: +49 6894 9396901
> M: +49 6894 9396851
> F: +49 6894 9396851
> W: www.key-systems.net
>
> Key-Systems GmbH is a company registered at the local court of
> Saarbruecken, Germany with the registration no. HR B 18835
> CEO: Alexander Siffrin
>
> Part of the CentralNic Group PLC (LON: CNIC) a company registered in
> England and Wales with company number 8576358.
>
>
>
>
>
> [image:
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> Virus-free. www.avast.com
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>
>
> On Thu, Jul 11, 2019 at 10:26 AM Hadia Abdelsalam Mokhtar EL miniawi <
> Hadia at tra.gov.eg> wrote:
>
> Dear Team,
>
>
>
> Please find attached two use cases in relation to consumer protection.
> Apologies for being late and for any inconvenience this may cause.
>
>
>
> Best
>
> Hadia
>
>
>
>
>
>
>
> Eng. Hadia Elminiawi (M.Sc.)
>
> Director, DNS-Entrepreneurship Center
>
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