Before: Arbitrator UlrichSchroeter (A), Respondent: CAcert (R), Claimant: Bjoern S (C), Case: a20110110.1

History Log

Original Dispute, Discovery (Private Part)

EOT Private Part




As requested by the Claimant I give the following clarifications:

  1. The sealed envelope may be opened only
    • if one of the included CAP forms is requested during an Arbitration, or
    • if a dispute is filed against the Claimant and an Arbitrator rules that the Claimant's personal data is needed.
  2. If the envelope is opened the ruling Arbitrator or the archiving Arbitrator shall send a mail to the Claimant's archived primary email adress about the circumstances. No further efforts will be made if this email adress is unreachable for any reasons.
  3. The opening of the sealed envelope does not by default prolong the retention period.
  4. An Arbitrator may rule that specific CAP forms shall be removed from the envelope and be archived otherwise (usually with another case, maybe for longer period).
  5. The retention period is 7 years from the date of the ruling since the Claimant's personal data have to be archived for this period (see also Paragraph 5.5 of the CPS DRAFT p20091108). It is not sensible to open the envelope every time one of the CAP forms reaches the end of its individual retention period.

  6. The envelope may be forwarded to another Arbitrator if the archiving Arbitrator resigns from CAcert or is not able to keep it save any longer. Of course the retention period is not modified by such a forwarding.

Frankfurt/Main, 2011-01-23


understands the following: according to lesson 20 of the Arbitrators procedure, the CCA will end at date: 2015-04-18, case closed.

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