[Gnso-epdp-team] Legal Committee - approved definitions + approved question for Bird & Bird

[Caitlin Tubergen]

Dear EPDP Team,

Please find below the updated definitions from the Legal Committee and an approved question for Bird & Bird. Please note the question is sent only as an FYI to the EPDP Team. The Legal Committee is still reviewing other questions that may be sent to Bird & Bird, and the EPDP Team will be informed if additional questions are approved.

Updated Definitions

The Legal Team proposes replacement of the phrase "Pseudonymous email contact with the phrase "Registrant-based email contact", defined as:  “an email for all domains registered by a unique registrant [sponsored by a given Registrar] OR [across Registrars], which is intended to be pseudonymous data when processed by non-contracted parties.

The Legal Team proposes replacement of the phrase "Anonymous email contact" with the phrase "Registration-based email contact", defined as “A separate single use email for each domain name registered by a unique registrant, which is intended to be anonymous data when processed by non-contracted parties.”
 The Legal Team notes that the question of persistence over time (i.e., are the emails changed on a periodic basis) is a policy question for the plenary.
Approved Question for Bird & Bird

Under the consensus policy adopted, Registrars will give Registrants the opportunity to consent to publication of personal data included in their Registration Data.  Please compare the legal risks for contracted parties associated with:

1) publishing personal data based on the Registrant’s consent, on the one hand,

And

2) publishing data based on a Registrant’s (i) self identification of the data as either containing legal person data only or also containing natural person data (organization or individual) prior to publication and (ii) undertaking the verification procedures outlined in Bird & Bird’s January 25, 2019 memo (i.e., notify/explain; confirm; verify; opportunity to correct) on the other hand.

Thank you.

Best regards,

Berry, Marika, and Caitlin


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