The new regulation of SACI-Adm ⎯ the Administrative System of Internet Conflicts related to Domain Names under the “.br” ⎯ goes into effect on October 1st, with changes to adapt to the Brazilian General Data Protection Regulation (LGPD) approved two years ago. Article 26 of the regulation establishes that “decisions rendered by the SACI-Adm procedure will be published by NIC.br and accredited institutions without direct personal identification of the parties”. The information was provided by the General Counsel of NIC.br, Raquel Gatto, speaker of Panel 9 ⎯ Confidentiality in ADR procedures and the public interest in access to information, alongside Verena Waisberg, the Deputy Counsel of the International Court of Arbitration (ICC).
The article, in its sole paragraph, indicates that “every decision published by NIC.br on its website shall be submitted to a pseudonymization procedure before its publication, and the personal data of the parties’ attorneys will only be available if they so wish.” The president of ABPI’s Dispute Resolution Center (CSD), Manoel J. Pereira dos Santos, who moderated the debate, clarified in advance that its topic, as it is complex, involves many issues. He noted that ABPI’s Domain Names Chamber, as an accredited entity, is also amending its regulation to adjust to that of NIC.br.
According to the director of NIC.br, of the 5 million domain names registered in .br, only 30% refer to individuals. Since its first regulation came into force in October 2010, SACI-Adm has registered 586 conflict resolution cases through its accredited chambers, including ABPI. When dealing with a large volume of data, NIC.br is taking precautions. “In order to comply with the LGPD, NIC.br will only collect strictly necessary data, and in the case of decisions, pseudonymization was chosen, without losing the necessary transparency”, explained Raquel.
In her presentation, Verena clarified that the Brazilian LGPD is compatible with the Data Privacy Notice provisions for ICC Dispute Resolution Proceedings. Therefore, there was no need to change ICC’s data protection policy in Brazil. With more than 27,000 conflict resolution cases registered since its founding in 1923, the ICC operates in 116 countries, with offices in Hong Kong, New York, São Paulo, Singapore, and Abu Dhabi. Last year, according to Waisberg, the court counted 840 cases, 6% of which based on intellectual property, the majority related to know-how contracts and licensing of trademarks and patents.
