Domain registration contract

A domain registration agreement is a legal agreement between a domain registrar and a domain holder (registrant) regarding the registration and use of a domain name. This contract regulates the rights and obligations of both parties with regard to the registration, administration and use of the domain.

Legal classification

1. agency agreement (§§ 675 ff. BGB): The registrar acts on behalf of the registrant 2. service contract (§§ 611 ff. BGB): Elements of the service contract in the provision of registration services 3. continuing obligation: Due to the registrar’s ongoing services

Main components of a domain registration contract

1. domain name: definition of the domain name to be registered 2. term and renewal: provisions on the registration term and automatic renewal 3. fees: Costs for registration and renewal 4. Rights of use: scope of the registrant’s rights of use 5. Obligations of the registrant: e.g. correct provision of contact details 6. Services of the registrar: e.g. administration of DNS records 7. Termination and transfer: Regulations for terminating or transferring the domain 8. Dispute resolution: Procedure for domain disputes (e.g. UDRP)

Special features of domain registration

1. first-come-first-served principle: domains are generally allocated in the order in which applications are received 2. trustee administration: the registrar administers the domain in trust for the registrant 3. Whois database: public availability of certain registrant data 4. top-level domains (TLDs): Different rules depending on the TLD (e.g. .de, .com, .eu)

Legal aspects and challenges

1. trademark law: Possible conflicts with third-party trademark rights 2. naming rights: Potential infringement of naming rights of natural or legal persons 3. data protection: GDPR-compliant processing of registrant data 4. jurisdiction: Often international contracts with jurisdiction clauses 5. domain disputes: Dispute resolution procedures (e.g. UDRP, ADR)

Obligations of the registrant

1. correct and up-to-date contact details 2. compliance with the terms of use of the respective registry 3. observance of third-party rights when selecting the domain 4. timely payment of registration and renewal fees

Obligations of the registrar

1. proper registration and administration of the domain 2. provision of administration tools for the registrant 3. compliance with the requirements of the respective registry 4. protection of registrant data in accordance with GDPR

Current developments and trends

1. new top-level domains: introduction of numerous new TLDs (e.g. .store, .berlin) 2. GDPR adjustments: Changes to the Whois database to protect personal data 3. Domain trading: Increasing importance of the secondary market for domain names 4. Internationalized domain names (IDN): Support for non-Latin characters

Importance for companies

1. online presence: basis for digital identity and accessibility 2. brand protection: securing brands through corresponding domains 3. SEO: influence of the domain name on search engine optimization 4. goodwill: domains as valuable intangible assets

Conclusion

Domain registration contracts form the legal basis for the use of domain names and are therefore of central importance for the online presence of companies and private individuals. They require careful drafting and attention in order to minimize legal risks and protect the interests of the registrant. Particular attention must be paid to issues of trademark and name law, data protection and international jurisdiction. With the increasing importance of the digital economy and the introduction of new top-level domains, domain registration agreements will continue to play an important role and will continue to evolve to meet changing technical and legal requirements.