[Fiware-pcc] Sharing our SAP Position on the Governance Model and the upcoming DoW Amendments

[Heller, Markus]

Dear PCC colleagues,

Currently the DOW amendment 6 is under preparation as we all know.  In yesterday’s WPL/WPA Telco, we have again addressed this matter and we have been able to discuss briefly with Juanjo about the necessity to find a possible forward. It is SAP’s current understanding that the Governance Model element will probably not be included in this amendment 6 and a request could be sent to Arian Zwegers about his opinion on this matter, according to the preliminary opinion shared by the coordinator on this topic.

Here, within our PCC group, we can go on with discussing this positive development towards a solution on the matter of governance model / dow amendments:

For the records, on behalf of SAP, I would like to repeat and explain the unchanged SAP position on the matter of the Governance Model - known from when we were negotiating and preparing amendments before: SAP cannot accept/sign the Governance Model or any amendment where it is contained according to SAP’s analysis result, that a high legal risk for SAP is connected with the acceptance of this Governance Model in the context for which it is planned. Continuously and for a long time we have shared this position always with the EU (Arian Zwegers) and with the FI-WARE coordinator (Juanjo).

SAP tries to find a solution to allow for future amendments to be processed as usual (e.g. amendment 6 and all following amendments) in order to help FI-WARE steer forward. Therefore we have proposed to the coordinator to try to do a “modularization” of amendments. To illustrate this, the Governance Model might be moved to a special amendment which can be handled separately and separated from the other amendment contents. In this way, the “content” amendments (e.g. amendment 6) can be handled separately by all partner (including SAP) and be evaluated and signed / not signed independently from the question if a Governance Model is contained in the amendment or not.

I would like to note that the coordinator has now addressed this topic briefly yesterday and shared with us his preliminary opinion on our proposal in our WPL/WPA telco yesterday: A possible way forward can be to leave the Governance Model out of amendment 6 and then find a solution to deal with the Governance Model, and the coordinator may send a request to Arian Zwegers to receive his opinion about this possible solution. We agree with this idea. Please note, that of course we accept the responsibility of the coordinator to address this legal topic for amendment 6 and beyond as a coordinator of the project since SAP as one of the partners has signaled (legal) difficulties with the Governance Model to him, the EC, and the consortium for a longer time now. Likewise, I would like to receive comments on this issue from you as FI-WARE PCC members in order to drive forward this issue and to see if a solution can be achieved.

Let me close by saying, that SAP would like to help bring the project forward and that we of course support the use of amendments as an important steering / control instrument while on the other we have the obligation to handle these matters according to the guidelines from SAP’s global legal advisors.

Best wishes
Markus Heller



Dr. Markus Heller
SAP AG
Vincenz-Priessnitz-Str. 1
76131 Karlsruhe / Germany

T +49 6227 7-52673

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