ICANN Grants Data Retention Waivers To Six German Registrars

ICANN has granted six German registrars data retention waivers under the 2013 Registry Accreditation Agreement due to conflicts with European data protection laws and the RAA. The registrars in question granted the most recent waivers are Moniker Online Services LLC , Key-Systems, LLC , Key-Systems GmbH , InterNetworX Ltd. & Co. KG , http.net Internet GmbH and AZ.PL, Inc . All six registrars cited as justification for their waiver request as a previous waiver given to RegistryGate GmbH “on the basis of its contention that compliance with the data collection and/or retention requirements of the Data Retention Specification in the 2013 RAA violates applicable law in Germany.” The waiver requests were requested “pursuant to Section 3 of the Data Retention Specification of the 2013 RAA, which provides that if a registrar is subject to the same applicable law that gave rise to ICANN’s request to grant a previous data retention waiver under the 2013 RAA, a registrar may request that ICANN grant a similar waiver, which request shall be approved by ICANN, unless ICANN provides Registrar with a reasonable justification for not approving such request.” There were slight variations in the requests, but they all cited problems such as the “registrar’s technical backend services provider as well as data storage and collection occur on servers hosted and operated in Germany, and is subject to German law. Accordingly, ICANN has determined that it is appropriate to grant Registrar a data retention waiver similar to the waiver previously granted to RegistryGate GmbH.”

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