Fwd: OMF - GDPR Q&A - Process and fee quote

Jamie,

DoÂ we have any interest is directing OMF's GDPR inquiry to our law firm?Â see the attachedÂthread which touches on the work and a proposed flat fee proposal

---------- Forwarded message ---------
From: Jascha Franklin-Hodge <jascha@openmobilityfoundation.org>
Date: Fri, Apr 23, 2021 at 7:44 AM
Subject: Fwd: OMF - GDPR Q&A - Process and fee quote
To: Scott McGrath <scott.mcgrath@oasis-open.org>
Cc: Michael Schnuerle <michael@openmobilityfoundation.org>, Cathie Mayo <cathie.mayo@oasis-open.org>

Hi, Scott.

Heads up that we're likely going to want to engage with a lawyer in France to help us put together some guidance documents related to GDPR. Compliance with GDPR has emerged as a crucial sticking point to MDS's expansion in Europe, and we think it's a worthwhile investment to help grow MDS usage and membership with EU-based cities and companies.

This work is conditional upon a European commercial member (Vianova) joining the OMF, something they have indicated that they intend to do. Hopefully within the coming weeks.

Since I'm about to head out on parental leave, I'm CCing Michael Schnuerle who will be my proxy on this. I'm hoping that you can work with him on the operational details, and turn the proposal into a SOW/contract once we're ready to move forward.

Thanks,

Jascha Franklin-Hodge

Executive Director

---------- Forwarded message ----------
From: adrien@lighten.law
Date: Tuesday, April 20 2021 at 3:57 AM EDT
Subject: OMF - GDPR Q&A - Process and fee quote
To: "'Jascha Franklin-Hodge'" <jascha@openmobilityfoundation.org>, "'Michael Schnuerle'" <michael@openmobilityfoundation.org>

Hi Jascha, hi Michael,

I hope this message finds you well!

I could discuss the contemplated work on an industry-level GDPR Statement/Q&A with Thibault last week. I am happy to inform you that VIANOVA is willing to take this project forward (Thibault told me he will confirm this to you himself by email); I am therefore reverting to you with the detailed quote below, which also describes what I think would be the best process based on our last call and my own discussion with Thibault.

As a way to minimize risks of conflicts of interests in the eyes of all parties involved, I suggest that my contribution to this process be conceived as that of a legal opinion, i.e. proposing legal analyses to be discussed by the taskforce and eventually adopted by the OMF. As you rightly mentioned during our last call, should one or several parties in the taskforce disagree with my analysis, it would be up to the OMF to decide which analysis to go with publicly.

Concretely, may I suggest the following process (which is actually close to the one we discussed during our last call):

The OMF gathers a taskforce within its Privacy Committee. For transparency purposes, I think it would need to include a representative from VIANOVA.

A kickoff meeting is organized with the taskforce, where (i) I would present the work we have done with VIANOVA and a first set of questions I think are worth addressing at the industry-level, and (ii) members of the taskforce may discuss which questions should be included in the Q&A. A list of questions is then submitted for validation to all members of the taskforce.

I draft analyses and propose answers to the different questions.

These analyses and proposed answers are submitted to the taskforce and discussed during one or more meetings, as necessary.

If relevant, I provide additional justification for and/or alternate versions of the proposed answers.

As the OMF feels relevant, the resulting Q&A is submitted to a larger audience for consultation.

As necessary, the OMF rules on the items of the Q&A which are still moot; it adopts and publishes the final version of the Q&A.

Would this process work for you? I think it would yield favorable results in allowing the OMF to publish an industry-level, legally grounded Q&A, with the maximum transparency for all parties â provided of course that all members of the taskforce are well aware that I am also VIANOVAâs DPO.

As for financial aspects, as mentioned during our last call, we at Lighten are happy to provide our clients with flat fees whenever possible. Here I anticipate that the workload will comprise, at least, (i) a kickoff meeting, (ii) drafting the list of questions, (iii) drafting analyses and proposed answers, (iv) one or two meetings with the taskforce to discuss the latter and (v) drafting additional justification and/or alternate versions of the answers. The process would of course also involve in-depth legal research and most likely follow-up discussion by call and email. Based on that estimation of the workload (and on the assumption that the contemplated Q&A would contain analyses of roughly the same level as VIANOVAâs current GDPR Statement), I propose you a EUR 8,500.00 flat fee (excluding VAT). Should the process change (e.g. additional meetings are required for the taskforce to discuss the content of the Q&A), we shall consider whether the budget needs to be revised. Conversely, if the process needs to be interrupted mid-course (e.g. because the OMF or I consider that my position as VIANOVAâs DPO risks compromising the success of the process and/or that I am no longer in a position to comply with my deontological duties as a French lawyer), we shall obviously negotiate a prorated billing.

Please feel free to revert to me should you wish to discuss this further; we can arrange a call this week if that seems more convenient to you!

Looking forward to working together on this exciting topic,

Best regards,

Adrien

Adrien Aulas

Avocat associÃ | Partner

5, rue de Saintonge â 75003 Paris
(+33) 6 10 56 63 75 | lighten.law

Lighten est une association dâavocats Ã responsabilitÃ professionnelle individuelle inscrite au barreau de Paris et au rÃpertoire Sirene sous le numÃro 891Â908Â493 (numÃro de TVA intracommunautaire FR85Â891908493). Le prÃsent message vous est adressÃ Ã titre strictement personnel et confidentielÂ; dans lâhypothÃse oÃ vous nâen seriez pas le destinataire escomptÃ, merci de bien vouloir nous en avertir par retour de mail et de dÃtruire immÃdiatement toute copie du message. Pour Ãtre informÃ(e) de la maniÃre dont nous traitons vos donnÃes Ã caractÃre personnel, nous vous invitons Ã consulter notre politique de protection de la vie privÃe.

Lighten is a French partnership (AARPI) registered at the Paris bar, with registration number 891908493 and VAT number FR85891908493. This message is strictly personal and confidential; in case you are not the intended recipient, we kindly ask you to inform us by replying to this email and immediately delete any copy of the original message. If you would like to know how we process your personal data, please read our privacy notice (in French).

ScottÂMcGrath

Chief Operating Officer

OASIS Open

+1 781-569-5115 Desk
+1 781-929-7308 Mobile

scott.mcgrath@oasis-open.org

oodf-board message

ScottÂMcGrath