[Gnso-epdp-team] Language re GDPR references

Thomas Rickert epdp at gdpr.ninja
Mon Jan 27 23:26:51 UTC 2020

As per our discussion, this could go into the preamble of the report:

Note: During Phase 1 of the EPDP Team’s work, the EPDP Team was tasked with reviewing the Temporary Specification. The Temporary Specification was established as a response to the GDPR (insert footnote with next quote in parentheses). ("This Temporary Specification for gTLD Registration Data (Temporary Specification) establishes temporary requirements to allow ICANN and gTLD registry operators and registrars to continue to comply with existing ICANN contractual requirements and community-developed policies in light of the GDPR“). Accordingly, the GDPR is the only law that is specifically referenced in this report. The EPDP team has extensively deliberated whether this Initial Report could be drafted in a way that is agnostic to any specific law, but it was determined that the report would benefit from explicit references to facilitate the implementation of the Team’s recommendations. The GDPR is a regional law covering multiple jurisdictions and - given the strict criteria it contains - compliance with this law has a high probability of being compliant with other national data protection laws. The EPDP team fully endorses ICANN’s aspiration to be globally inclusive, and nothing in this report shall overturn the basic principle that contracted parties can and must comply with locally applicable statutory laws and regulations.  
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