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DATA RETENTION WAIVER REALTIME REGISTER B.V

26 January 2016

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Realtime Register B.V  (“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 the Netherlands.

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, and subject to the provisions of Sections 2 and 3 of this Waiver, for purposes of assessing Registrar’s compliance with the data retention requirements of Paragraph 1.2.2 and 1.2.3 of the Data Retention Specification:
    1. the retention requirement of Sections 1.2.2 and 1.2.3 of the Specification shall not be applicable to log files; and
    2. the retention requirement of Section 1.2.2 shall not be applicable to telephone numbers, source IP addresses and HTTP headers.
  2. Notwithstanding the foregoing, with respect to HTTP headers as referred to in Section 1.2.2 of the Data Retention Specification, the following exception to the waiver applies: In each instance for which the communication with the Registrant is carried out browser-based (and not via email), the Registrar may decide, but is not obliged, to store HTTP requests and responses in order to ensure proof of communication with the Registrant. If HTPP requests and responses are stored in such case, Registrar’s obligations arising from the Data Retention Specification (as well as any other obligations arising of the 2013 RAA) shall be fully applicable with respect to such information.
  3. Further notwithstanding the foregoing, with respect to log files as referred to in Sections 1.2.2 and 1.2.3 of the Data Retention Specification, the following exception to the waiver applies: Date and time stamp information will be stored by Registrar and thus Registrar’s obligations arising from the Data Retention Specification (as well as any other obligations arising of the 2013 RAA) shall be fully applicable with respect to such information.
  4. In all other respects the terms of the Data Retention Specification will remain AS IS.  The waiver granted to Registrar applies only to retention of the specific items of data listed in the Paragraphs 1.2.2 and 1.2.3 of the Data Retention Specification that are expressly the subject of this Waiver, 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.
  5. 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 the Netherlands and subject to Dutch law.