Just FYI -- with regards,
Wolf

Cathrin.BAUER-BULST@ec.europa.eu sent Thu, 19 Oct 2017 12:56:

Dear all,

In case not yet seen, ICANN has just published the legal advice<https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct17-en.pdf> announced a while ago, accompanied by a communication<https://www.icann.org/news/blog/data-protection-and-privacy-update> which reads in part:

"[…] This first memo focuses on potentially challenging areas with existing requirements for registries and registrars to provide open, publicly available WHOIS services. It provides a general overview of key concepts in the GDPR (e.g. personal data, consent, the role of data controllers and processers and data protection authorities, etc.) and how these concepts relate to gTLD WHOIS services.

The memo highlights the complexity of these issues in the domain name space, and concludes that the current open, publicly available WHOIS services cannot remain unchanged. The WHOIS system has to become adaptable to address the GDPR from the European perspective, as well as other changing regulations around the world.

Since GDPR will likely effect how WHOIS data is displayed, it could impact our ability to maintain a single global WHOIS system. In turn, this will likely impact either ICANN's agreements or its ability to enforce contractual compliance of its agreements using a single and consistent approach. In the short term, we need to work together to understand the scope of this impact and find the right balance between maintaining the current WHOIS services and compliance with local laws. […]"

Best regards

Cathrin

Cathrin Bauer-Bulst

Deputy Head of Unit

Cybercrime

[cid:image001.png@01CE198E.B254B7B0]

European Commission

DG Migration and Home Affairs

Unit D4 - Cybercrime

What we do: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and-human-trafficking/cybercrime/index_en.htm

The views expressed in this e-mail are my own and may not be interpreted

as stating an official position of the European Commission.

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