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ICANN Grants Data Retention Waiver to GANDI SAS

29 October 2014

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DATA RETENTION WAIVER
GANDI SAS

GANDI SAS ("‭Registrar‬") submitted to ‭ICANN‬ a ‭Registrar‬ Data Retention Waiver Request ("Waiver Request") 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.

Registrar's Waiver Request cites the previous data retention waivers granted by ICANN to OVH SAS and MAILCLUB SAS, 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 France.

See <https://www.icann.org/news/announcement-2014-03-12-en>
<https://www.icann.org/news/announcement-5-2014-08-07-en>

Registrar, OVH SAS, and MAILCLUB SAS are all Société par actions simplifiée domiciled in France and subject to French law, and ICANN has determined that it is appropriate to grant Registrar a data retention waiver similar to the waivers previously granted to OVH SAS and MAILCLUB SAS.

‭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."‬‬‬‬‬‬‬‬‬‬‬‬

  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 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 France and subject to French law.