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ICANN Grants Data Retention Waiver to GANDI SAS

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.


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Internationalized Domain Name ,IDN,"IDNs are domain names that include characters used in the local representation of languages that are not written with the twenty-six letters of the basic Latin alphabet ""a-z"". An IDN can contain Latin letters with diacritical marks, as required by many European languages, or may consist of characters from non-Latin scripts such as Arabic or Chinese. Many languages also use other types of digits than the European ""0-9"". The basic Latin alphabet together with the European-Arabic digits are, for the purpose of domain names, termed ""ASCII characters"" (ASCII = American Standard Code for Information Interchange). These are also included in the broader range of ""Unicode characters"" that provides the basis for IDNs. The ""hostname rule"" requires that all domain names of the type under consideration here are stored in the DNS using only the ASCII characters listed above, with the one further addition of the hyphen ""-"". The Unicode form of an IDN therefore requires special encoding before it is entered into the DNS. The following terminology is used when distinguishing between these forms: A domain name consists of a series of ""labels"" (separated by ""dots""). The ASCII form of an IDN label is termed an ""A-label"". All operations defined in the DNS protocol use A-labels exclusively. The Unicode form, which a user expects to be displayed, is termed a ""U-label"". The difference may be illustrated with the Hindi word for ""test"" — परीका — appearing here as a U-label would (in the Devanagari script). A special form of ""ASCII compatible encoding"" (abbreviated ACE) is applied to this to produce the corresponding A-label: xn--11b5bs1di. A domain name that only includes ASCII letters, digits, and hyphens is termed an ""LDH label"". Although the definitions of A-labels and LDH-labels overlap, a name consisting exclusively of LDH labels, such as""icann.org"" is not an IDN."