View source for NIS 2 Directive

==Hot Topics==
At [[ICANN 74]], [[IPC]] held a member session during which [[Niklas Lagergren]], based in Brussels, gave a presentation explaining NIS2 and focused on the following topics of interest to ICANN.<ref>[https://74.schedule.icann.org/meetings/ IPC Membership Meeting, ICANN 74]</ref>
===Article 23===
Article 23 of NIS2 is dedicated to [[WHOIS]] and includes not only [[Registry|registries]] but also [[registrar]]s, agents acting on behalf of registrars, privacy proxy registration services, and domain resellers. It has five pillars: 
# member states should require registrars to run WHOIS databases for the purpose of ensuring the security, stability, and resilience of the domain name system in accordance with EU law regarding personal data.
#data should be collected and maintained in a database in order to be able to contact the holder of a domain name (the name of the domain, the registration date, the registrant's name, the email address, the phone number or for admin contacts) 
# procedures should be put in place to ensure completeness and accuracy, including specific verification procedures 
# the making available of the WHOIS data should be done without undue delay after registration, at least when it comes to what is ''not'' personal data.
# access should be granted to legitimate access-seekers within 72 hours, and for this purpose, specific policies and procedures should be put in place. It cannot be an arbitrary procedure; it has to be based on necessity.
====Recital 62====
* Legal persons are out of the [[GDPR]] scope. the GDPR rules apply to private persons but not to legal persons where the whole set of data should be accessible.
====Recital 59====
* It is not just a matter of registrars processing data for WHOIS purposes if they so wish. It's an obligation to do so, which falls under Article 61 of the GDPR. 
====Recital 60====
* Legitimate access-seekers include law enforcement authorities. However, it is not limited to law enforcement, Access-seekers should provide a statement of reasons for why it is seeking access to
facilitate the assessment.<ref>[https://74.schedule.icann.org/meetings/ IPC Membership Meeting, ICANN 74]</ref>