[NCSG-EC] Fwd: Re: Termination with our current host, and GDPR issues re transfer

Stephanie E Perrin stephanie at digitaldiscretion.ca
Tue May 19 03:30:29 EEST 2020


Wonderful, and thanks so much for doing this Raphael!

Stephanie

On 2020-05-18 1:23 p.m., Raphael Beauregard-Lacroix wrote:
> Hi all
>
> So things are taken care of with Robhost without any issues. I'll be 
> in touch with Josh for the logistics of the transfer and keep you in 
> the loop.
>
> Best,
>
> On Thu, May 14, 2020 at 7:15 PM Raphael Beauregard-Lacroix 
> <rbeauregardlacroix at gmail.com <mailto:rbeauregardlacroix at gmail.com>> 
> wrote:
>
>     Hi all
>
>     So it turns out that the hosting provider used by Wapix (Linode
>     LLC) is GDPR compliant, at least to the extent that they are part
>     of Privacy Shield. I have plenty of reservations about the scheme
>     from an academic perspective, but as far as positive law goes I
>     guess that still flies.
>
>     So if I don't have any further comments/oppositions within the
>     next 24h I will reach out tomorrow to Robhost to request the
>     termination.
>
>     Have a nice evening,
>
>     On Wed, May 13, 2020 at 10:25 PM Raphael Beauregard-Lacroix
>     <rbeauregardlacroix at gmail.com
>     <mailto:rbeauregardlacroix at gmail.com>> wrote:
>
>         Hi all
>
>         I've gotten a reply from Josh, I'll just have to look into it
>         a bit more. I was planning to do that yesterday but things
>         have been pretty hectic at home. I should be back to you
>         tomorrow with a clearer course of action.
>
>         Have a nice evening,
>
>         On Sat, May 9, 2020 at 12:45 PM Raphael Beauregard-Lacroix
>         <rbeauregardlacroix at gmail.com
>         <mailto:rbeauregardlacroix at gmail.com>> wrote:
>
>             Hi Steph
>
>             To be more specific (and succinct), I don't read us in any
>             of the exceptions of Art 2.2. Hence what we do must be
>             within the material scope; being unincorporated or
>             otherwise "informal" does appear to change anything to me.
>             And while the bowling league might arguably fall within
>             the household exception, that exception is construed quite
>             strictly by the CJEU and I honestly don't think we
>             qualify. Mostly based on the fact that we are a "we"
>             (albeit informal) and not just one guy keeping tabs on the
>             bowling league folks in an excel sheet.
>
>             As for Wapix I'd be surprised, but what I want to make
>             sure of is that they do not "do" anything with the data on
>             their own. If they simply take our orders, then they are
>             confined to the role of processor. As long as Wapix does
>             not plan or does not seek to interpose anything between
>             the commitments we take and what they themselves do, then
>             I think they do not have to be "compliant." But who knows
>             - they might have some policy lying somewhere that says
>             they will comply anyway. They might have European customers.
>
>             To be clear, I don't think their compliance status matters
>             so much, to the extent that they don't anything else with
>             the data besides what we ask them to do for /our /purposes.
>
>             Have a nice day,
>
>
>
>             On Sat, May 9, 2020 at 12:04 PM Stephanie Perrin via
>             NCSG-EC <ncsg-ec at lists.ncsg.is
>             <mailto:ncsg-ec at lists.ncsg.is>> wrote:
>
>
>
>
>                 -------- Forwarded Message --------
>                 Subject: 	Re: [NCSG-EC] Termination with our current
>                 host, and GDPR issues re transfer
>                 Date: 	Sat, 9 May 2020 12:00:57 -0400
>                 From: 	Stephanie Perrin
>                 <stephanie.perrin at mail.utoronto.ca>
>                 <mailto:stephanie.perrin at mail.utoronto.ca>
>                 To: 	ncsg-ec at lists.ncsg.is <mailto:ncsg-ec at lists.ncsg.is>
>
>
>
>                 I am so sorry we delayed on this, Raphael! My fault.
>
>                 I rather doubt that a Colorado IT firm is GDPR
>                 compliant.  I also rather doubt that it applies to
>                 NCSG as we are an informal association.  Not an NGO. 
>                 So more like a bowling league or a bridge club
>                 (deliberately selecting 50's era clubs). But if you
>                 think belonging to NCSG is a covered activity, fire
>                 away, I am interested in the legal reasoning.  (this
>                 opinion of course by means reflects my concerns about
>                 our privacy policies, as yet not form
>
>                 On 2020-05-09 11:46 a.m., Raphael Beauregard-Lacroix
>                 via NCSG-EC wrote:
>>                 Hi all
>>
>>                 So it is possible to terminate with Robhost. The next
>>                 bill (for 12 months) is due on June 17th. The ToS
>>                 posted on their wesbite mention that we can terminate
>>                 by the end of the ongoing billing term, subject to
>>                 notice period (unspecified). Now presuming German law
>>                 governs, that would be six weeks. Now if you count,
>>                 that means we'd be too late already.
>>
>>                 In addition, Tapani has raised an issue regarding the
>>                 GDPR-compliant character of such a Germany-US data
>>                 transfer. After a few hours (re)reading the GDPR and
>>                 looking into this, it appears to me that we NCSG as
>>                 the 'controller' have to bind ourselves to
>>                 provide our (EU, at least) members with their GDPR
>>                 rights, wherever the data may be. Given that we can
>>                 do that, there is no requirement for individualized
>>                 consent by each member.
>>
>>                 That brings up another issue which is that of Wapix
>>                 as a processor (i.e. we call the shots and they
>>                 execute). They have been, and will continue to be.
>>                 Yet they do have to abide by the GDPR when it comes
>>                 to their role as a processor of personal data of
>>                 EU persons. In turn, as controllers, we have to make
>>                 sure they do. I do not know what their stance is when
>>                 it comes to GDPR compliance. Couldnt find anything on
>>                 their website; in any case I have inquired with them
>>                 and they usually come back quickly.
>>
>>                 So here's my plan:
>>
>>                 -Ensure that everything is GDPR-kosher on Wapix's side
>>
>>                 -Attempt to negotiate a termination with Robhost;
>>                 hopefully we manage to reach an alternative solution
>>                 which does not involve paying a full 12 months
>>
>>                 -Make a post on the list regarding the transfer,
>>                 reminding our members of 1) who is controller, who is
>>                 processor, and what kind of processing is being done,
>>                 for what purposes, etc. 2) reminding them of their
>>                 rights and 3) that the transfer will have no effect
>>                 on these processings and purposes, nor on their
>>                 rights, and so that we will abide with any GDPR-bound
>>                 request by any member (and, for what it's worth, with
>>                 any DPA request, although honestly I hope we never
>>                 get there. But who knows!)
>>
>>
>>                 Let me know of any comments, suggestions, issues,
>>                 etc. And if you care enough to have a more detailed
>>                 legal reasoning as to what our obligations are I'll
>>                 happily provide.
>>
>>                 Have a nice day,
>>
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