Data Protection/GDPR TLD Guidance Matrix

Posted on 4 April 2018

I think this is the first blog where I start with phrases like;

  • We are not done yet
  • Guidance only
  • We are not done yet
  • By no means legal advise
  • Best effort only
  • We are not done yet

While we are not done, we are trying to get this matrix as complete as possible before May 25; we do expect that we will still be updating the matrix way beyond May 25.

Back in 2016, I was under the impression that our industry would work together and come up with solutions to make things easier when it comes to the …

Berlin Group to ICANN, WHOIS is not your only GDPR problem

Posted on 9 March 2018

Just before ICANN 61, ICANN and its community received essential information regarding WHOIS and the GDPR and more.
The latest statement and recommendations are from the Berlin Group (International Working Group on Data Protection in Telecommunications and Media or IWGDPT).

The Berlin Group started out in 1983 on the initiative of some national data protection authorities; nowadays members include government agencies, representatives of international organizations and IT experts from all over the world.

So basically we have the opinion on ICANN and registrant data and WHOIS vetted by all the members of the International Conference of Data Protection and Privacy …

Update on ICANN and WHOIS

Posted on 6 March 2018

Kevin Murphy from DomainIncite has written an excellent article about the all the ins and outs how WHOIS might look like in May this year, which you can read here.

I do not entirely agree with Kevin if privacy services are going to be free.
In the current setup, our privacy proxy service still has added value when it comes to spam prevention.
I think it is more accurate, that if ICANN no longer requires personal data to be displayed in the WHOIS the need use a privacy service to prevent such display of personal data becomes obsolete, after …

ICANN Registrars express GDPR concerns to ICANN

Posted on 16 February 2018

Today the Registrar Stakeholder Group (RrSG) has joined its colleagues in the Registry Stakeholder Group, Eco Association of the Internet Industry and the Internet Infrastructure Coalition in raising its concerns with ICANN about GDPR.

The letter was drafted last week and got so much support from the registrar members that we could officially support it as a stakeholder group. Realtime Register B.V. was one of the supporters.

The letter to the ICANN CEO located here, can be described as “spicy,” or “\strong.” And I think it is with good reason. Since March 2016 a dedicated small group of registrars and …

Update on publication of personal data in the WHOIS / RDS

Posted on 18 January 2018

There has been a considerable debate whatever ICANN will enforce the contractual agreement between registrars and registries to display personal data in the WHOIS.

Publication of personal data in the WHOIS is usually in conflict with many data protection laws around the world.

The EU GDPR and its substantial non-compliance fines seem to sway the discussion into a direction where ICANN needs to come up with solutions. And they did: ICANN published several models that propose to limit the publication of personal data in the WHOIS. The next step is that the ICANN community analyzes these models.

The models created …

EU GDPR, is consent the Silver Bullet for Domain Name Registrations?

Posted on 27 September 2017

Update:28-11-2017

According to the Dutch DPA, consent is not the silver bullet. 

https://autoriteitpersoonsgegevens.nl/en/news/dutch-dpa-unlimited-publication-whois-data-violates-privacy-law

This will make ccTLD registrations outside of the EU for natural persons very problematic and perhaps such registrations should be avoided, though this is not legal advice in any shape or form. 

Consent is often cited as the Silver Bullet to transfer data outside of the EU.The requirements, however, can be rather complex given the fact how registries/ICANN process and control the data.

The rules according to Art.6.1(b).

Data subjects are provided with a clear explanation of the processing to which they are consenting; The consent mechanism …

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