[ALAC-Announce] ICANN News Alert -- Data Retention Waiver - 101Domain GRS Limited
ICANN At-Large Staff
staff at atlarge.icann.org
Thu Mar 24 15:52:38 UTC 2016
Data Retention Waiver - 101Domain GRS Limited
22 March 2016
DATA RETENTION WAIVER
101DOMAIN GRS LIMITED
101DOMAIN GRS LIMITED (Formerly - "Emerald Global Registrar Services Limited") ("Registrar") submitted to ICANN a Registrar Data Retention Waiver Request ("Waiver Request") on the basis of Registrar's contention that compliance with the data collection and/or retention requirements of the Data Retention Specification in the 2013 RAA violates applicable law in Ireland.
ICANN hereby grants Registrar a limited waiver from compliance with certain provisions of the 2013 RAA on the following terms:
1. ICANN agrees that, following Registrar's execution of the 2013 RAA:
* For purposes of assessing Registrar's compliance with the data retention requirement of Paragraph 1.1 of the Data Retention Specification in the 2013 RAA, the period of "two additional years" in Paragraph 1.1 of the Data Retention Specification will be deemed modified to "one additional year"; and
* For purposes of assessing Registrar's compliance with the data retention requirement of Paragraph 1.2 of the Data Retention Specification in the 2013 RAA, the period of "one hundred and eighty (180) days" in Paragraph 1.2 of the Data Retention Specification will be deemed modified to "ninety (90) days."
2. In all other respects the terms of the Data Retention Specification will remain AS IS. The waiver granted to Registrar applies only to the post-sponsorship period of retention of the data listed in the Paragraphs 1.1.1 through 1.1.8 and Paragraphs 1.2.1 through 1.2.3 inclusive of the Data Retention Specification, and it does not constitute a waiver of any other provisions of the 2013 RAA or other ICANN policies applicable to registrars. Without limiting the foregoing, nothing in this waiver limits Registrar's obligation to comply with Consensus Policies or Temporary Policies developed and adopted in accordance with ICANN's Bylaws ("ICANN Policies") or limits Registrar's obligation to comply with any amendment, supplement or modification of the 2013 RAA approved and adopted in accordance with the terms of the 2013 RAA ("RAA Amendments"). In the event of any inconsistency between this waiver and the terms of any ICANN Policy or RAA Amendment, the terms of the ICANN Policy or RAA Amendment will control.
3. The waiver granted to Registrar shall remain in effect for the duration of the term of the 2013 RAA signed by Registrar.
ICANN notes that the provisions of Section 3 of the Specification will apply to similar waivers requested by other registrars that are located in Ireland and subject to Irish law.
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