Forest Stewardship Council OCP Update: Response to Comments from Verband Deutscher Papierfabriken and Fachverband Faltschachtel-Industrie 2 June 2014 It has come to the attention of FSC that Verband Deutscher Papierfabriken (VDP) is circulating a paper that claims the FSC Online Claims Platform (OCP) is in breach of German law and that FSC has established the OCP first and foremost for marketing purposes. It also has come to the attention of FSC that Fachverband Faltschachtel-Industrie (FFI) is circulating information that FSC plans to use customer and supplier information that is entered into the OCP. There are numerous inaccuracies in the statements found in these documents, and they are not supported by evidence. FSC feels it is important that certificate holders, FSC members and stakeholders have accurate and up to date information on the OCP. What follows is the position of FSC: 1. FSC has consulted a number of German and International law firms that are experts on data security and IT systems. They have concluded that the OCP as proposed is in compliance with German and European laws in regards to data privacy, data security and competition laws. Further analysis can be found on the OCP information site. 3. The terms and conditions of use for the OCP state explicitly that all data entered by users is owned and controlled by the user. Access to the data can only be granted to FSC or others (certification Bodies, ASI, service providers) by individual and explicit permission of the user. There is no attempt or intention for users to share their data with others, and there is no attempt or intention to mislead users to do this through complicated texts in the terms and conditions. The OCP terms and conditions are available for review. FSC underlines that it is of the utmost importance for OCP users to provide feedback to us on these terms and conditions. If users are concerned that the existing terms and conditions could be interpreted to mean that data could potentially be shared, kindly point this out to us so that we can correct the text and the misperception. 1 of 2 FSC International Center GmbH · Charles-de-Gaulle-Strasse 5 · 53113 Bonn · Germany· T +49 (0) 228 367 66 0 · F +49 (0) 228 367 66 30 · [email protected] · www.fsc.org Geschäftsführer | Director: Kim Carstensen · Handelsregister | Commercial register: Bonn HRB12589 ® FSC, A.C. All rights reserved. FSC-SECR-0002 2. The Commissioner for Data Protection in North Rhine-Westphalia, Germany has reviewed the details on what FSC is proposing with the OCP and has concluded that FSC meets German law in regards to data protection for the OCP. As FSC Global Development resides in Germany, it is bound by German law. The German law in this regard is known to be one of the safest and most rigorous in the world. FSC desires to adhere fully with all applicable data protection regulations. Forest Stewardship Council 4. There are no plans to change the terms and conditions to allow uncontrolled access to user data by FSC or any other party. 5. The only instance where FSC or the service provider developing the OCP would have access to a user account is for the sole purpose of addressing a technical issue, and only after the user actively gives FSC permission to access their account for this purpose only. 6. Certificate holders have agreed to allow sharing of certificate details with their national FSC network partner in the license agreements they have signed with FSC. This data sharing has been in place for some years now and was implemented to allow network partners to directly communicate on behalf of FSC with certificate holders in their local language. This data sharing is separate from the OCP and complies with data privacy laws. Following a recommendation to not sign the licensing agreement would result in denial of the FSC CoC certification. 7. FSC developed the OCP to solve a growing problem of inaccurate claims passing through the FSC chain of custody system globally. Where detected, these inaccurate claims have caused significant logistical problems and financial losses for the organizations involved. As with all systems, FSC must evolve to address problems as they arise and seek effective solutions to main the robust and trustworthy nature of our certification scheme. By developing the OCP, FSC is seeking a more thorough way of auditing and confirming transactions are legitimate, thus providing a higher level of assurance that the products moving down the supply chain are in fact FSC certified. Based on our legal analysis, we ask that VDP and FFI immediately cease distributing misinformation regarding the OCP, and remove any such messages from their public platforms. We are dismayed to see inaccurate campaigning against OCP. FSC has developed the OCP with no ill intentions or hidden agendas. We solely seek to strengthen our system and protect the integrity of our system to the benefit of all those that rely on the integrity of the FSC logo. 2 of 2 ® FSC, A.C. All rights reserved. FSC-SECR-0002 We encourage interested parties to visit the FSC’s OCP information site and FAQs page where questions and accurate information on the OCP can be found. Any questions or comments on the OCP are welcome and should be submitted to [email protected]. In addition, we welcome the chance to engage all stakeholders in an open discussion about the OCP. If VDP and FFI would like to meet with us, please contact [email protected].