Internet Corporation For Assigned Names and Numbers (ICANN) v. EPAG Domainservices GmbH

Summary

The document is a submission from the Intellectual Property Constituency (IPC) to support ICANN’s request for an injunction against EPAG Domainservices GmbH. The submission relates to a May 30, 2018, ruling by the German Regional Court of Bonn (LG Bonn) in a case between ICANN and EPAG. The court ruled that ICANN did not demonstrate the necessity of collecting additional data elements (Administrative and Technical Contacts) beyond what is already provided by the Registrant for WHOIS/Registration Data Directory Services (WHOIS/RDDS). The IPC argues that collecting these additional data elements serves legitimate purposes, such as facilitating timely resolution of domain-related issues and ensuring a secure domain name system. They assert that the collection is necessary and compliant with GDPR, specifically Article 5, para 1(c), which requires data to be “adequate, relevant, and limited to what is necessary.” The IPC believes the court did not fully consider the importance and utility of these data elements.