[Community-Discuss] AFRINIC and the GDPR

Wed Apr 11 15:11:47 UTC 2018

+1 john...

> On Apr 11, 2018, at 19:07, John Walu <walu.john at gmail.com> wrote:
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU’s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> @Owen, the above is not entirely true.
> 
> EU regulation/GDPR does affect African countries in general.  Or at least those wishing to remain trade partners  with European Countries.
> 
> Most of Africa has little or no Data Protection/Privacy laws (with a few exception being Ghana, Mauritius, SA, etc). Kenya for example doesn't have one.  
> 
> Should Kenya show the EU the middle finger?
> 
> Yes they could. But essentially, that middle finger will translate into losing money. 
> 
> A European Union Company would for example NOTdare engage (Data-wise/Business wise) with a Kenyan partner/subsidiary that for example sells flowers to European destinations/customers since Kenyan privacy /data protection environment would be suspect. 
> 
> Whereas the EU cannot directly hold the Kenyan company liable for breaches, it will penalize the European company thoroughly. The net effect is that most European companies would review their risk profiles with African partners and basically cut linkages or open new ones -  only with 'compliant' countries in Africa.
> 
> Unlike US, Africa does need EU Euros ;-). And so we will have to improve our Data protection regimes. Though it would have been good if we did it out of our own volition.
> 
> Now more specifically for the Afrinic registry,
> 
> The board  just need to do an impact analysis of the GDPR on the Afrinic Company and share with members.
> 
> Just off my head, the data within the registry (IP, Whois, etc) would need to be protected. Essentially, if we have some data sitting in our Mauritius/SA registries and it relates to European citizens/subject then we need to review it in light of the GDPR requirements.  Essentially EU citizens/residents have a whole list of rights to the data (consent, delete, etc) and whoever is hosting it also has some obligations.
> 
> That's my 1bitcoin on the matter ;-)
> 
> walu. 
> 
> 
> 
> 
> 
> On Wed, Apr 11, 2018 at 9:08 AM, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>> 
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
> 
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
>> Considering that the regulation comes into force on the 25th of May 2018 – and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius – this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head – and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now – considering the impact – but failing that – the question is now being asked.
> 
> It’s not about EU Citizens. It’s about EU Residents. (Common misconception about GDPR).
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU’s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> Owen
> 
> 
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Kris Seeburn
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