• Professional News
  • 14 March 2014

Revised Danish Domain Names Act

The revised Danish Domain Names Act lays down new rules for the administration of the .dk TLD as well as new gTLDs related to Denmark.

On 1 March 2014, the revised Danish Domain Names Act (domæneloven) entered into force. The Act replaces the Danish Domain Names Act that entered into force on 1 July 2005 and introduces a number of amendments.

The amendments pertain to, in particular, the administration of the .dk TLD (top level domain) as well as new gTLDs (generic top level domains) related to Denmark.

Today, DK-Hostmaster manages the .dk TLD. Under the new Act, the Danish Minister for Business and Growth may put the administration of the .dk TLD out to public tender.

Therefore, the Danish Business Authority has initiated a consultation process on whether to put the administration out to tender or to extend the administration of the .dk TLD. The consultation process expires on 16 April 2014.

Effects of the amendments
Registrants of Danish domain names must pay particular attention to the following:

New provision on good domain name practice
In terms of contents, the new provision on good domain name practice (s. 25) is almost identical to the former provision (s. 12). However, in the explanatory notes to the new Act, it is contemplated that the provisions should to an even higher degree resemble a general provision, such as s. 1 of the Danish Marketing Practices Act (markedsføringsloven). This means that the content is to be laid down over time through decisions by the Complaints Board for Domain Names and rulings by the courts of justice.

It is particularly emphasised that the content and use of good domain name practice cannot be limited by the administrator's terms of business or guidelines.

Requirements to registrant information
The revised Domain Names Act introduces more stringent requirements to administrators ensuring that registrant information, such as names, addresses and phone numbers, in the Danish Domain Name Database (WHOIS database) is treated as confidential, if required.

Registrants may opt for confidentiality if their information is exempted by other statutes, such as the Danish Act on the Civil Registration System (lov om Det Centrale Personregister).

However, WHOIS database confidentiality will be granted only if the registrant has obtained name and address protection in the Civil Registration System.

Unlike the Act from 2005, the new Act lays down that the administrator is now responsible for ensuring that confidential information is registered as confidential. Previously, it was the registrant’s responsibility to request confidentiality.

In addition, the Act introduces more stringent requirements for administrators to ensure that registrant information in the WHOIS database is correct.

This part of the new regulation will come into effect on 1 March 2015.

How may we help?
Please do not hesitate to contact us if you have any questions about the new Danish Domain Names Act, its effects or about Danish or international domain name disputes.

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