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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence.

2014-03-27-Data Retention Waivers

GAC Advice

Reference No. :

2014-03-27-Data Retention Waivers

First Delivered 27 Mar 2014 via :

ICANN49 Singapore Communique

Consenus:

Consensus met

2014-03-27-Data Retention Waivers

7. Data Retention and Data Provision Waivers

The GAC welcomes the explanation provided to the GAC by ICANN in relation to the state of play of the granting of the Data Retention Specification waiver foreseen in the Registrar Accreditation Agreement, in compliance with national laws. Some members asked ICANN not to take legal action against those Registrars in order to fulfill their data retention requirements pending a decision on these waivers. They further recalled that waivers might be necessary for data provision requirements accordingly in the Registry Agreement.

Responsible Party

ICANN Board

Current Status/Communications Log

ICANN Board Actions and Updates - GAC Non-New gTLD Matters Scorecard

The Board appreciates the opportunity provided by the GAC to discuss this important matter in Singapore. ICANN continues to make progress in evaluating requests from registrars to waive certain data retention requirements under the 2013 Registrar Accreditation Agreement (“2013 RAA”).

Recently, ICANN reported that it had made a preliminary determination that it is prepared to grant three (3) data retention waiver requests in a limited scope submitted by registrars 1API GmbH, ingenit GmbH & Co. KG and RegistryGate GmbH (the 'Registrars') under the 2013 RAA. As required by the process, the waiver request and supporting documentation was posted for public comment, which public comment period will remain open until 22 June 2014.

ICANN will continue to process requests from registrars according the Process for Handling Registrar Data Retention Waiver Requests and provide periodic updates to the community as appropriate.