ICANN org Responds to the European Commission’s Public Consultation
13-Dec-2020
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Source : The Internet Corporation for Assigned Names and Numbers (ICANN)
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BRUSSELS – The Internet Corporation for Assigned Names and Numbers (ICANN) responded to the European Commission's (EC) public consultation on the EC's draft Standard Contractual Clauses (SCCs) for transferring personal data to non-European Union (EU) countries, according to the official website of ICANN.
The EC updated the SCCs to incorporate changes needed in light of the EU's General Data Protection Regulation (GDPR) and to address issues identified in the European Court of Justice's Schrems II decision. Schrems II invalidated the EU-US privacy shield, a commonly used mechanism for transferring personal data from the EU to the United States. It also raised questions about safeguards that must be implemented to transfer personal data across borders in compliance with the GDPR.
ICANN org's response to the public consultation, which closed today, highlights positive attributes in the draft SCCs. It requests clarifications and identifies broader challenges with cross-border data transfers post-Schrems II.
Both the draft SCCs and the European Data Protection Board's (EDPB) recent recommendations 01/2020, on measures that supplement transfer tools to ensure compliance with the EU level of protection for personal data, will impact the development of the System for Standardized Access/Disclosure recommended by ICANN's Expedited Policy Development Process Phase 2 Team.
The EDPB's recommendations 01/2020 are open for feedback until 21 December 2020. ICANN org will respond to this consultation as well.