New National Plan of domain names under “.es”

On May 31 2005 it was published the Order ITC 1542/2005 of May 19 2005. It approves the new National Plan of Internet domain names under the code “.es” that corresponds to Spain.

MINISTRY OF THE PRESIDENCY18170 Tuesday, 31 May 2005, Official State Gazette no. 129

 

I General Provisions

MINISTRY OF INDUSTRY,TOURISM AND TRADE

8902 ORDER ITC/1542/2005, dated 19 May, which approves the National Plan for Internet Domain Names under the country code for Spain (".es").

The purpose of this Order, which approves the National Plan for Internet Domain Names under the Country Code for Spain (".es"), is to take a decisive step forward in increasing the flexibility of the regulations required for the assignment of domain names under the indicator (".es"), as a significant mechanism for fostering the information society in Spain.

The legislation previously in effect was established by Order CTE/662/2003, dated 18 March, which approves the National Plan for Internet Domain Names under the country code for Spain (".es"), which established an initial development of the sixth additional provision of Law 34/2002, dated 11 July, on information society services and electronic commerce, which regulates the general principles of the system for assigning domain names under ".es".

Order CTE/662/2003, dated 18 March, has represented an initial step towards restructuring the available space under the indicator ".es" and adapting the domains to the evolution of Internet in our country. In this sense, there has been a marked increase in the number of domains registered under ".es".

However, this experience is considered to show its limitations which must now be advanced in a determined way through greater flexibility that will place the degree of acceptance and implementation of ".es" at the levels existing for other country domain names in our surrounding area.

This reform significantly simplifies the legitimacy rules required to obtain the assignment of second-level domain names, reducing the rest of the limitations and prohibitions that existed previously for the creation of domain names at that level, and establishing certain basic principles that will guide the extrajudicial conflict resolution system that has to be developed by the assignment authority.

For this purpose, as set forth in sixth additional provision of the Law on information society services and electronic commerce, the practices generally applied in the management of first-level domains and the recommendations gathered from the international entities and organisations that carry out activities related to the management of domain names have been taken into account. In accordance with this, the granting of domain names is based on the criteria of time priority in the application, as long as the rest of the requirements set forth in the Plan are met.

The organisation of the space for domain names, created in the previous Plan, is maintained, divided into second-and third-level domain names, with the modifications detailed below.

With respect to the second-level domain names, the new Plan extends the legitimacy for the assignment of domain names to any individual or legal entity and to non-legal entities that have "interests in or maintain ties with Spain". These concepts must be considered in a broad sense and would cover, in principle, the individuals or legal entities and non-legal entities located, residing or established in Spain, those who wish to direct all or part of their services towards the Spanish market and those that wish to offer information, products or services that are tied culturally, historically or socially to Spain. This is in keeping with the literal lines of the sixth additional provision of Law 34/2002, dated 11 July, on information society services and electronic commerce, and is based on the positive experiences in the application of the previous Plan for the third-level domain names ".com.es", ".nom.es" and ".org.es".

Other restrictions have also been eliminated that existed up to now related to legislation on domain name derivation and the prohibitions applicable to the assignment of second-level domain names have been simplified greatly. In this sense among other things, it is possible for individuals to apply for any type of domain name, apart from the option of applying for names made up exclusively of their surnames or a combination of their given names and surnames, in which case they must be related directly to the applicant. This makes it possible to reduce to the bare minimum the initial verification tasks required to grant this type of domain name. This will practically eliminate the bureaucratic procedures associated with these tasks and increase, as a result, their attractiveness to users.

The distinction between regular and special domain names that existed in the previous Plan has also been eliminated, establishing a uniform set of rules for the assignment of all second-level domain names, also taking into account the removal of the derivation requirements and the great simplification of the specific limitations.

This increased freedom will be compensated, to guarantee appropriate security and reliability, by a new controlled system for issuing domain names, which discourages abusive and speculative registrations, and with the operation of the cited extrajudicial conflict resolution system, whose governing principles are included in this Plan, retaining the possibility of the assignment authority verifying, on its own initiative or at the request of the interested party, compliance with the requirements established in the Plan.

Finally, to avoid abuse during the initial phase of the new rules applicable to ".es", a staggered registration period has been established, applicable to the second-level domain names, so that the Public Administrations, diplomatic offices duly accredited in Spain, international organisations in which Spain is a member or entities resulting from international agreements or accords signed by Spain and the owners of industrial property rights can register their names before opening the registration of domain names to the public. Until the assignment authority announces the end of the staggered process and the beginning of the open registration period for second-level domain names, it will not be possible to register any domain names under this new Plan, nor will it be possible during the staggered registration process to apply for pre-registration or reservation of second-level domain names in accordance with this Plan.

As regards the third-level domain names, the positive experience gained through their management since their creation by Order CTE/662/2003, dated 18 March makes it advisable to maintain their regulations, albeit with small adjustments considered appropriate for technical legislative reasons.

In this sense, the general criteria for the assignment of third-level domain names continue to be that the interested party has some tie with Spain. They are classified in "free registers", made up of the domains ".com.es", ".nom.es" and ".org.es", which are open domains in which the assignment is done without initial verification of the applicable requirements, and "restricted domains", ".gob.es" and ".edu.es", in which there is an initial verification of compliance with the applicable requirements and prohibitions.

As a general norm for the second- and third-level domain names, a system is established that makes it possible, in an orderly and controlled fashion to issue the assigned names voluntarily, while keeping the current issuing options in cases of universal "mortis causa" or "inter vivos" succession, applicable in cases such as merging and splitting companies.

The Plan will be completed with the procedural norms dictated by the President of the Red.es public business entity, by virtue of the eighteenth additional provision of Law 14/2000, dated 29 December, on Fiscal, Administrative and Social Order Measures, modified by article 70 of Law 24/2001, dated 27 December, on Fiscal, Administrative and Social Order Measures.

This Order has been subjected to the procedure for information on technical norms and regulations and regulations related to the services of the information society, set forth in Directive 98/34/ CE from the European Parliament and Council, dated 22 June, modified by Directive 98/48/CE, dated 20 July, as well as the text of Royal Decree 1337/1999, dated 31 July, which regulates the publication of information related to technical norms and regulations and regulations related to the services of the information society, which adds these Directives to Spanish legislation.

By virtue of this, in accordance with the Council of State, I declare:

First. Approval of the National Plan for Internet Domain Names.

In accordance with the text of the sixth additional provision of Law 34/2002, dated 11 July, on information society services and electronic commerce, the National Plan for Internet Domain Names under the country code for Spain (.es) has been approved. Its text is included below.

First Interim Provision. Names assigned prior to the Plan taking effect.

The domain names assigned prior to this National Plan for Internet Domain Names taking effect will remain valid Single Provision of Repeal. Legislative Repeal. Independent of the text of the first interim provision of the National Plan for Internet Domain Names approved by this order, Order CTE/662/2003, dated 18 March, which approves the National Plan for Internet Domain Names under the Country Code for Spain (".es") is hereby repealed.

First Final Provision. Constitutional Grounds.

This Order is passed under the protection of article 149.1.21.ª of the Constitution.

Second Final Provision. Procedures for the registration of domain names.

The President of the Red.es public business entity shall establish, by resolution, the specific requirements for the applications and the procedures applicable to the assignment and other operations associated with the registration of domain names under ".es", taking into account the criteria established in the eighteenth additional provision of Law 14/2000, dated 29 December, on Fiscal, Administrative and Social Order Measures. In accordance with section six of the sixth final provision of Law 34/2002, dated 11 July, on information society services and electronic commerce, domain names shall be assigned by electronic means that guarantee the agility and reliability of the registration procedures. Applications shall be submitted and notifications shall be made electronically, except in cases so established in the assignment procedures and other operations associated with the registration of domain names.

The Red.es public business entity shall publish the procedures adopted, which will be made available to the public by electronic means, free of charge. Likewise, it may establish and agree to the mechanisms for co-ordination with the public national and community registers as appropriate to fulfil its duties.

Third Final Provision. Effect.

This order takes effect the day following its publication in the Official State Gazette.

 

Madrid, 19 May 2005,

MONTILLA AGUILERA

NATIONAL PLAN FOR INTERNET DOMAIN NAMES UNDER THE COUNTRY CODE FOR SPAIN (".ES")

 

CHAPTER I

General Provisions

First. Purpose.–The purpose of the National Plan for Internet Domain Names under the country code for Spain (".es") develops the assignment criteria established in the sixth additional provision of Law 34/2002, dated 11 July, on Information Society Services and Electronic Commerce.

Second. The Assignment Authority.

1. The Red.es public business entity shall exercise the function of assignment authority for domain names under ".es", in accordance with the text of the sixth additional provision of Law 11/1998, dated 24 April, on General Telecommunications and of the Law for Information Society Services and Electronic Commerce.

2. The assignment duty consists of managing the Domain Names Registry, which includes the implementation, maintenance and operation of the equipment, applications and databases required to run the system for internet domain names under the country code for Spain (".es").

3. Management of the Registry is carried out based on general interest, ensuring its security, and in accordance with the principles of quality, efficiency, reliability and accessibility.

4. Management of and access to the Registry databases that contain personal data, shall be be in compliance at all times with the content of Organic Law 15/1999, dated 13 December, on Personal Data Protection and its corresponding legislation.

Third. Second- and third-level domain names.–Under the ".es" domain, second- and third-level domain names may be assigned in accordance with the text of this Plan.

Fourth. Certified registration agents.

1. Certified registration agents act before the assignment authority to obtain the assignment of domain names, in accordance with the applicable norms, and shall conduct their activity following the principles of free competition. The registration agents are required to process the assignment applications that are sent to them in chronological order of receipt.

2. The assignment authority shall determine the requirements that must be met by the registration agents to certify them to carry out the duties indicated in point number 1 of this section and the conditions for access by these agents to the Registry databases. These requirements and conditions will be proportional, transparent and non-discriminatory and they will guarantee the existence of conditions of effective competition.

3. The applications for assignment of domain names may also be submitted directly by the interested parties to the assignment authority.

4. The assignment authority shall create a working group for domain name assignment that will include the participation of the certified registration agents and representatives of the Secretariat of State for Telecommunications and the Information Society.

CHAPTER II

Assignment of Second-Level Domain Names

Fifth. General criteria for the assignment of second-level domain names.–The second-level domain names under ".es" shall be assigned based on the criteria of time priority of the request.

Domain names that have already been assigned may not be applied for.

The second-level domain names under ".es" will be assigned without prior verification, except in relation to the syntax norms indicated in point 1 of section eleven, the list of forbidden terms in point 2 of section eleven and the specific limitations and the list of forbidden or reserved second-level domain names included in section seven.

Sixth. Legitimacy in the assignment of second-level domain names.–Assignment of a domain name may be applied for by individuals or legal entities and non-legal entities that have interests in or maintain ties with Spain.

Seventh. Specific limitations and lists of forbidden or reserved domain names at the second level.

1. At the second level, no domain name may be assigned that coincides with any first-level domain (such as ".edu", ".com", ".gov", ".mil", ".uk", ".fr", ".ar", ".jp", ".eu") or with any that are proposed or that are being studied by the competent organisation for their creation, although, in this case, the prohibition will only be applied when, in the opinion of the assignment authority, the use of the domain name may cause confusion.

2. Nor may second-level domain names be assigned that coincide with names generally known as internet terms whose use could cause confusion. For this purpose, the President of the Red.es public business entity shall draft a reduced, updated list of terms that will be made public and available by electronic means free of charge.

3. The President of the Red.es public business entity shall establish an updated list of second-level domain names related to the names of constitutional organisations or other State institutions, which have not already been assigned, which will be reserved and, once included in the list, may not be assigned freely. Likewise, an updated list may be approved with second-level domain names related to the names of international and supranational organisations officially recognised, which have not been assigned previously, which will be reserved and, once included in the list, may not be assigned freely. These lists will be published and made available by electronic means free of charge.

4. The President of the Red.es public business entity shall approve an updated list of second-level domain names consisting of place names that coincide with the official names of territorial Public Administrations that have not been assigned previously, which will be reserved and, once included in the list, may not be assigned freely. This list shall be published and made available by electronic means free of charge.

CHAPTER III

Assignment of Third-Level Domain Names

Eighth. Types of domain names that may be assigned at the third level.–At the third level, domain names may be assigned under the indicators ".com.es", ".nom.es", ".org.es", ".gob.es" and ".edu.es".

Ninth. General criteria for the assignment of third-level domain names.

1. Third-level domain names shall be assigned based on the criteria of time priority of the application. Domain names that have already been assigned may not be applied for.

2. In the assignment of third-level domain names under the indicators ".gob.es" and ".edu.es", verification will be done, prior to assignment, of compliance with the requirements established in section 10 and in the syntax norms indicated in point 1 of section 11.

Third-level domain names under the indicators ".com.es", ".nom.es" and ".org.es" will be assigned without prior verification, except in relation to the syntax norms indicated in point 1 of section 11 and the list of forbidden terms indicated in point 2 of section 11.

Tenth. Legitimacy in the assignment of third-level domain names.–Assignment of a third-level domain name may be applied for:

a) Under the indicator ".com.es", by individuals or legal entities and non-legal entities with interests in or ties with Spain.

b) Under the indicator ".nom.es", by individuals that have interests in or maintain ties with Spain.

c) Under the indicator ".org.es", by non-profit entities, institutions or groups, whether or not legal entities, which have interests in or maintain ties with Spain.

d) Under the indicator ".gob.es", by the Spanish Public Administrations and the Public Law entities that depend on them, as well as any of their offices, organisations or units.

e) Under the indicator ".edu.es", by entities, institutions or groups, whether or not legal entities, that are recognised officially and conduct functions or activities related to teaching or research in Spain.

CHAPTER IV

Common Provisions for Domain Names at theSecond and Third Level

Eleventh. Common norms for the assignment of second- and third-level domain names.

1. The domain names assigned under ".es" shall respect the following syntax norms:

a) The only characters valid for their construction are the letters of the alphabets of the Spanish languages, digits (‘0’ – ’9’) and the dash (‘–’).

b) The first and the last character of the domain name may not be the dash.

c) The first four characters of the domain name may not be "xn– –".

d) The minimum length for a second-level domain is three characters, and for a third-level domain it is two characters.

e) The maximum length accepted for the second- and third-level domains is 63 characters.

Compliance with these syntax norms will be verified prior to assigning any domain name.

2. The assignment authority will temporarily suspend or cancel, in accordance with the corresponding prior judicial order, domain names that include terms or expressions that are against the Law, morality or public order and those whose literal tone may violate the right to the name of individuals or industrial property rights, violate the right to honour, privacy or good name, or when it may constitute the commission of a crime or misdemeanour included in the Penal Code. Domain names cancelled under this section may be added to a list of forbidden domain names.

3. The assignment of domain names at the second and third level that or composed exclusively of surnames or a combination of given names and surnames, requires that they be related directly to the beneficiary of the domain name.

Twelfth. Domain Name Transfers. 1. The right to use a domain name may be transferred voluntarily, as long as the acquiring party complies with the content of this Plan and its related legislation. Any voluntary transfer must be approved by the original owner of the domain name, who must notify the assignment authority prior to the corresponding modification of the registration data for the domain name. This approval must be formalised by the original owner in accordance with the procedures established by the assignment authority. 2. In cases of universal "inter vivos" or "mortis causa" succession and in those of transfer of the trademark or trade name associated with the domain name,the successor or the receiver of the transfer may continue using the name, as long as they comply with the legislation for the assignment of domain names included in this Plan and request from the assignment authority the modification of the registration data for the domain name.

Thirteenth. Rights and responsibilities derived from the assignment and maintenance of the domain names.

1. The domain name applicants must provide their identification details, and they are responsible for their veracity and correctness.

2. The assignment of a domain name bestows the right to its use as an address in the internet domain names system in the terms outlined in this Plan and to the continuity and quality of the service provided by the assignment authority.

3. The beneficiaries of a domain name under ".es" must respect the rules and technical conditions that may be established by the assignment authority for the correct functioning of the system of domain names under ".es".

4. The domain name users must immediately inform the assignment authority of all modifications to the data associated with the domain name registration.

5. The right to use the domain name depends on respecting the responsibilities contained in this section 13, the norms contained in section 11 and compliance with allother applicable conditions. Failure to comply with the above will lead to its cancellation by the assignment authority, through the procedure and within the periods established by the assignment authority in the terms set forth in the eighteenth additional provision of Law 14/2000, dated 29 December, on Fiscal, Administrative and Social Order Measures. This procedure must always include hearing the beneficiary of the domain name.

The assignment authority may verify, at any time, on its own initiative or at the request of the interested party, compliance with the conditions for assigning a domain name.

In the procedures initiated at the request of the interested party, the only action that may be taken is the cancellation of the domain name due to failure to comply with any of the general conditions applicable to its assignment as set forth in this Plan, apart from the right of the parties to turn to the competent judicial authority. The person or entity that has demanded the initiation of the procedure shall have preference in obtaining the domain name, if the application is submitted within the period established in the procedural norms.

6. Changes to service providers or simultaneous connection to several providers do not alter the assignment and maintenance of a domain name.

7. The owners of second- or third-level domain names shall be subject to the extrajudicial conflict resolution system established in the single additional provision, apart from the possible legal actions that the parties may take.

Fourteenth. Responsibility for the use of domain names.

1. Use of a domain name and respect for intellectual and industrial property rights is the responsibility of the person or organisation to which the domain name has been assigned.

2. The certified registration agents are not responsible for the use of the domain names assigned to the organisations or individuals to whom the provide the services outlined in this Order.

Single Additional Provision. Extrajudicial conflict resolution system.

As a complement to this Plan and in the terms permitted by the applicable provisions, the assignment authority shall establish an extrajudicial conflict resolution system for the use of the domain names related to, among others, the industrial property rights protected in Spain, such as trade names, trademarks, designations of origin, company names; or the official or generally recognised names of Public Administrations and Spanish public organisations. This extrajudicial conflict resolution system shall be based on the following principles:

a) It must provide efficient protection against speculative or abusive name registration, especially when the domain name is identical or similar to the point of causing confusion with another term to which there is some previous right of those cited in the previous paragraph.

b) Speculative or abusive registration exists when the owner of the domain has registered it without the legitimate rights to or interests in the domain name in question and it has been registered or is being used in bad faith.

c) Participation in the extrajudicial conflict resolution system will be mandatory for the owner of the domain name.

d) The assignment authority may certify extrajudicial conflict resolution service providers based on the conditions of proportionality, objectivity, transparency and non-discrimination that guarantee its qualification and experience in the field of extrajudicial conflict resolution. The assignment authority shall maintain, on its internet page, the list of certified providers.

e) The results of the extrajudicial conflict resolution system are binding for the parties and for the assignment authority, unless judicial proceedings are initiated within a period of thirty calendar days of notification to the parties.

f) The person or entity that has demanded the initiation of the procedure shall have preference in obtaining the domain name, if the application is submitted within theperiod established in the procedural norms.

g) The extrajudicial conflict resolution system must provide the affected parties with appropriate procedural guarantees and it shall be applied without prejudice to the possible legal actions that the parties may take.

The assignment authority shall publish a periodic, updated list of the domain names assigned to facilitate the exercise of rights protected by the extrajudicial conflict resolution system.

First Interim Provision. Gradual initiation of the new system for the assignment of second-level domain names under ".es".

1. Prior to beginning the operations for registering second-level domain names in accordance with the new norms established in this Plan, a staggered registration process shall be carried out.

2. The staggered registration shall consist of two phases:

The first staggered registration phase shall be reserved for domain name applications related to official or generally recognisable names of Public Administrations and public organisations. During this phase, the diplomatic offices duly accredited in Spain, as well as the international organisations in which Spain is a member or the entities resulting from international agreements or accords signed by Spain, may also apply for domain names related to their own official or generally recognisable names.

The second staggered registration phase shall be open for domain name applications related to names of foundations, associations and companies. Likewise, it will be open to domain name applications related to trade names, trademarks, designations of origin or other industrial property rights protected in Spain. For this purpose only, the derivation norms contained in point 1 of section 8 of Order CTE/662/2003, dated 18 March, which approves the National Plan for Internet Domain Names under the Country Code for Spain (".es") shall remain applicable.

3. The assignment authority will verify, on its own or through duly qualified third parties, prior to assignment, the applicants' claims to the rights or requirements that justify the assignment of domain names applied for during the initial registration procedure regulated in this interim provision.

4. The domain names shall be assigned based on the criteria of time priority of the application as long as the applicant has sufficiently justified compliance with the requirements of the application.

5. The assignment authority may establish the intervals required between phases to resolve the applications received.

The assignment authority will announce the beginning and the exact duration of each of the phases of the initial registration procedure, with sufficient prior notice before the starting date, using the appropriate mechanisms to guarantee maximum distribution. Likewise, upon the conclusion of the staggered registration, the assignment authority shall announce, with prior notice of at least 15 days, the beginning of the operations for the registration of second-level domain names, in accordance with the new norms established in this Plan.

6. Throughout the duration of the staggered registration process established in this interim provision, the possibility shall be maintained to apply for domain names at the second level under ".es" in accordance with the assignment norms established in Order CTE/662/2003, dated 18 March, which approves the National Plan for Internet Domain Names under the country code for Spain (".es").

7. The extrajudicial conflict resolution system, established in the single additional provision, must be fully operational prior to the conclusion of the staggered registration established in this interim provision.

Second Interim Provision. Multilingual characters under ".es".

No domain names may be assigned containing characters unique to the Spanish languages that differ from those included in the English alphabet until the mechanisms for the recognition of multilingual characters are operational in ".es".

Before the mechanisms for the recognition of multilingual characters are available in ".es", the assignment authority shall publish the possibility of applying for domain names that contain these characters and shall establish with sufficient prior notice a staggered registration for them. Likewise, it shall establish and publish the applicable criteria for accepting multilingual characters, including the rules for applying to these cases the provision included in section 11, point 1.c), of this Plan.

Third Interim Provision. Initial lists of forbidden or reserved terms.

Within a period of one month from the date on which the Order that approves this Plan takes effect and, in any case, prior to the beginning of the second staggered registration phase included in the first interim provision of this Plan, the President of the Red.es public business entity shall approve and publish, as appropriate, the initial lists of forbidden or reserved terms indicated in point 2 of section 11 and in points 2, 3 and 4 of section 7.