Changes Have Been Made Regarding the Regulation on Internet Domain Names

Regulation Amending the Regulation on Internet Domain Names (“the Regulation”), which brings several new provisions towards Dispute Resolution Service Providers (“DRSP”) and is prepared by Ministry of Transportation and Infrastructure, has been promulgated on Official Gazette and entered into force on April 20th 2021. The Regulation provides authorization for administrative sanctions to Information Technologies and Communication Authority (“the Authority”) while bringing several new responsibilities for DRSPs.

Main provisions regulated on the Regulation are as follows.

List of Not-Appropriable Domain Names is defined as “The list that consists of domain names which cannot be appropriated due to the reasons such as being contrary to legislation, public order and public morality.
List of Restricted Domain Names is defined as “The list that consists of domain names such as names that are of public possession in regards of historic and cultural values.”
DRSP is defined as “Parties that are carrying out the disputes concerning the domain names, via arbitrators or arbitration boards.”
The 3 months period in the provision which limits the renewal of appropriation of the domain names within 3 months before the end of the appropriation period, is revoked. Likewise, the provision which foresees that the appropriation period after the renewal can be maximum 5 years and domain names can be renewed at the and of this period, is changed in a way that enables renewal before the end of such period.
It is determined that the application fee shall not be returned in case of a renunciation of the domain name. Moreover, the provision “the domain name shall be made appropriable again in case of renunciation”, is changed in a way that enables the Authority to regulate the issues arising from renunciation of domain names.
It is foreseen that the appropriation of domain name can be annulled by the Authority in case the Authority determines that the information and the documentation tendered during the application for domain names, are no longer valid.
The provision reduced the period of 3 months period where applications are not be accepted for domain names made appropriable again to 2 months.
The Authority is put under an obligation for taking due precautions regarding the protection of personal data during the publications in the Authority’s web site related to the disputed domain names conveyed to the Authority by DRSPs and awards of arbitrators or arbitration boards.
In addition to inspection of DRSPs and Registry Agencies (“RA”) the Authority is authorized to apply necessary administrative sanctions including termination of activities.
RAs are put under the obligation to locate their systems and backups that are integrated with .tr Network Information System (“TRABIS”), within the borders of Turkish Republic. Following the court decisions and arbitrator or arbitration board decisions transmitted to RAs regarding the domain names, is also stated as an obligation for RAs.
The Authority is authorized to provide an upper limit to the number of DRSPs that can operate, pursuant to factors such as market conditions and number of disputes.
It is regulated that DRSPs shall also inform the related RAs as well as the Authority and the parties related to the dispute within the same day a decision is conveyed to them.
The Regulation sets forth that in case the absence of minimum operating DRSPs, alternative dispute resolution mechanism shall be carried out by a party determined by the Authority.
It is stipulated that the alternative dispute resolution mechanism shall not be applied regarding the domain names allocated before TRABIS entered into service, yet, it can be applied for those who renewed their domain names after TRABIS entered into service.
The list of domain names in the Annex of the regulation is updated and the extension of “.kep.tr”, which is being used by registered electronic mail service providers, is included in the list of second level domain names.