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SEEDIG Legal Entity Working Group

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Overview

Over the past 2–3 years, SEEDIG community members and partners have called for the creation of a SEEDIG legal entity, as a step that would help SEEDIG grow, while also contributing to ensuring its sustainability and addressing current legal and financial challenges. As the Executive Committee has met difficulties in making progress on this issue, the Chair of the Executive Committee, having consulted SEEDIG’s main sponsors, initiated an open process – in late 2019 – expected to lead to the establishment of a SEEDIG legal entity.

The first step in this process was the creation of a SEEDIG Legal Entity Working Group (SLE WG), tasked with developing a proposal for the establishment of a SEEDIG legal entity. The proposal will cover aspects related to the type and structure of the legal entity, as well as the choice of jurisdiction (the country to host the entity).

Chaired by Andrea Beccalli, ICANN, and formed following a public call for volunteers, the group  includes SEEDIG community members and partners. Due to potential conflicts of interest, members of the Executive Committee were not be able to volunteer for the WG. However, the WG can seek the views of Executive Committee members on certain issues, invite them to certain discussions, and require them to submit documents previously developed as part of their work on building a SEEDIG legal entity (questions/issues to be addressed, challenges, analysis of applicable legislation in countries in the SEE+ region, etc.).

The WG is expected to present its proposal not later than two weeks before the SEEDIG 6 meeting. The proposal will then be subject to the approval of the SEEDIG community. Once a decision is made by the community, the Executive Committee will be responsible for its implementation.

Tasks and deliverables

The SEEDIG Legal Entity Working Group (SLE WG) is responsible for developing a proposal for the creation of a SEEDIG legal entity. The proposal will cover the following aspects:

Type and structure of the legal entity (e.g. membership, governing bodies, decision making)

Choice of jurisdiction (the country in which the legal entity is proposed to be established)

A motivation of the proposed type, structure and jurisdiction

A realistic timeline for the implementation of the proposal

The WG can decide to include other additional elements in its proposal, including a SWOT analysis of the proposed solution(s). 

If the WG cannot agree on a single/unitary proposal for the type, structure and/or jurisdiction of the legal entity, it can outline a maximum of three proposals (e.g. three possible jurisdictions). 

The proposal(s) developed by the WG will then be subject to the approval of the SEEDIG community. Once a decision is made by the community, the Executive Committee will be responsible for its implementation.

Composition

  • Andrea Beccalli (chair)
  • Arvin Kamberi
  • Liljana Pecova
  • Gergana Petrova
  • Ceren Unal
  • Catalin Vrabie

Leadership

Following consultations with SEEDIG’s main sponsors, the WG will be chaired by Andrea Beccalli, Stakeholder Engagement Director – Europe, Internet Corporation for Assigned Names and Numbers (ICANN). 

Having the group led by a SEEDIG sponsor and key partner is intended to ensure neutrality and bring in the rich experience that ICANN has with community-based working groups.

Working methods

The WG will work online, via conference calls, e-mails and other appropriate and pre-established communication channels. All group members are expected to attend conference calls and to actively participate in online discussions.

The WG will make decisions by consensus, to the largest extent possible. Where consensus is not possible, a formal vote may be held; in such cases, decisions will be taken by simple majority. 

Throughout its work, the WG can consult external parties, including SEEDIG community members, sponsors, supporting organisations, partners, legal experts, and any other entities/individuals deemed appropriate.

Timeline

The WG is expected to deliver its proposal no later than 2 weeks before the SEEDIG 6 meeting (scheduled for the spring of 2020).

An earlier submission of the proposal is also welcome.