[IRT.RegDataPolicy] 189 Review Implementation Note B.b, c, d - revised 20220222

[Dennis Chang]

Dear IRT,

Please review.
189

Review Implementation Note B.b, c, d - revised<https://docs.google.com/document/d/1SVFkoI6RmrVVz--RrVLSOj1bmz1qLb7_JTuvt7At4Uo/edit>

20220222


As you know, in light of the exchange between the Board and the Council regarding Recommendation 7,  the policy language now includes the language that “…provided an appropriate legal basis exists and data processing agreement is in place…”  in Section 8.4 and 8.5.   With this requirement now in the policy, we needed to include the implementation note to make clear how ICANN org would go about enforcing this provision. For instance, ICANN org will not be able to determine whether legal basis exists, which must be determined between the parties to the transfer, i.e. Registry Operator and Registrar. Likewise, whether the parties choose to enter into a Data Protection Agreement (that covers the transfer of the specified data elements) is not mandatory and will not be the subject of compliance enforcement.  In the event that a complainant or a party to the transfer establishes that these (non-mandatory) criteria are in place, ICANN Compliance may then be able to enforce the transfer requirements from Registrar to Registry Operator.

I hope this explanation provides further clarity on the part of the ICANN org enforcement of this policy.
We can discuss further at our next meeting.

--
Kind Regards,
Dennis S. Chang
GDD Programs Director
Phone: +1 213 293 7889
Sykpe: dennisSchang
www.icann.org<http://www.icann.org> One World – One Internet
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