RESOLUTION APPROVING THE INSTRUCTION OF THE GENERAL DIRECTOR OF THE PUBLIC CORPORATE ENTITY RED.ES ESTABLISHING THE SPECIAL CANCELLATION PROCEDURE WITHIN THE FRAMEWORK OF THE DATA CLEANSING PROCESS OF THE REGISTRATION OF “.ES” DOMAIN NAMES
PREAMBLE
Additional Provision 16 of Law 9/2014 of 9 May, the General Telecommunications Act, grants the public corporate entity Red.es the right to manage the registration of domain names with the country code for Spain (.es).
The current Domain Names National Plan under the country code corresponding to Spain, ".es", approved by Order ITC/1542/2005 of 19 May, (hereinafter, the "Domain Names National Plan") entered into force on 1 June 2005. This regulation marked a turning point by simplifying and adding flexibility to the requirements for assigning ".es" domain names, establishing that a series of procedural rules to be set out by the Chairman of the Public Corporate Entity Red.es will be added to the Plan by virtue of Additional Provision 18 of Law 14/2000, of 29 December, on Tax, Administrative and Social Order Measures, amended by Article 70 of Law 24/2001, of 27 December, on Tax, Administrative and Social Measures.
The Chairman of Red.es has the authority to establish the procedures for assignment and other operations associated with registering domain names and Internet addresses under the country code for Spain, ".es", in accordance with Additional Provision 18 of Law 14/2000, of 29 December, on Tax, Administrative and Social Order Measures, as amended by Article 70 of Law 24/2001, of 27 December 2001, on Tax, Administrative and Social Order Measures, in Additional Provision 6 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, and Order ITC/1542/2005, of 19 May, which approves the Internet Domain Names National Plan under the country code corresponding to Spain (".es").
In a Resolution dated 21 October 2005, the Chairman of Red.es, in accordance with Article 7, section two of Royal Decree 164/2002, of 8 February, which approves the Articles of Association of the Public Corporate Entity Red.es, delegated the authority to establish the procedures for assignment and other operations associated with the registration of domain names and Internet addresses under the country code corresponding to Spain, ".es", to the General Director of Red.es.
On 2 January 2010, the General Director of Red.es issued the Instruction to develop the procedures applicable to the assignment and other operations associated to the Registry of Domain Names under “.es”, establishing in its Articles 2, 20 et seq. the modification of data associated with an “.es” domain name included in the Register in addition to the cancellation procedure.
Provision 5 of the Domain Names National Plan provides that second-level “.es” domain names shall be assigned according to temporary priority criteria without prior verification, except regarding rules of syntax, the list of banned terms, and the list of banned or reserved second-level domain names.
Section one of Provision 13 of the Domain Names National Plan establishes that “domain name applicants shall provide identification data and are responsible for their accuracy”. Furthermore, Section 5 of the same Provision states that "the right to use the domain name shall be conditioned by the fulfilment of contractual obligations provided for under Section 13, the regulations set out under Section 11 and the fulfilment of any other applicable conditions. Non-fulfilment of the foregoing will lead to the cancellation of the domain name by the Assignment Authority, pursuant to the procedure and within the deadlines to be established by the Assignment Authority under the terms set out in the Additional Provision 18 of Law 14/2000, of 29 December, on Tax, Administrative and Social Order Measures. The domain name holder must always be heard as part of this procedure. The Assignment Authority may verify, at any time and ex-officio or at the request of an interested party, fulfilment of the conditions for assigning a domain name”.
In mid 2015, Red.es, following the general practices of most of the other domain name registrations, by means of the Instruction of the General Director of the public corporate entity Red.es establishing the special cancellation procedure in the framework of the data cleansing process, of 24 June 2015, reinforced the policies of checking the veracity and accuracy of the data contained in the “.es” Domain Name Registry database. In order to establish a balance between the flexibility of the current registration system (in which there is no ex ante verification of the correctness and accuracy of the data associated with domain names), and the unavoidable legal certainty in a public register, Red.es strengthened the mechanisms for verifying the accuracy and correctness of the Register’s data ex officio. In particular, a data cleansing and correction process was launched in order to locate, contrast, and correct incorrect data detected in the Register.
A special cleansing procedure was implemented for the domain names whose false or incorrect data were not corrected during the debugging process. This special procedure only applies to cancellations arising from the cleansing process; the procedure set forth in the Instruction of 2 January 2010 remains in force for other cases.
As three years have passed since the implementation of this system to protect the accuracy and veracity of the data registered in the Register, and in order to broaden the spectrum of control over the data available in the Register, it is now necessary to issue a new instruction to cleanse the database, to allow the cleansing procedure to be initiated via complaint of a public entity that detects that there are reliable indications of inaccuracy or falsity in the data of a domain name registered in the Register. To these effects, Red.es must sign the corresponding collaboration agreement.
Therefore, the General Director of Red.es, by virtue of the powers delegated to him, hereby issues this Instruction. Pursuant to Additional Provision 16 of Law 9/2014 of 9 May, the drafting of this Instruction has taken into account the practices generally applied and the recommendations of the international institutions and organisations that conduct activities related to the management of the Internet domain names system.
David Cierco Jiménez de Parga.
General Director of Red.es
INSTRUCTION OF THE GENERAL DIRECTOR OF THE PUBLIC CORPORATE ENTITY RED.ES ESTABLISHING THE SPECIAL CANCELLATION PROCEDURE WITHIN THE FRAMEWORK OF THE DATA CLEANSING PROCESS OF THE REGISTRATION OF “.ES” DOMAIN NAMES
One - Database cleansing procedure
In compliance with the provisions of section thirteen of the Domain Names National Plan under the country code corresponding to Spain (".es"), approved by Order ITC/1542/2005, of 19 March, Red.es develops actions to cleanse the database of the “.es.” domain names Register in order to verify the veracity and accuracy of the data contained therein, and, ultimately, to verify the maintenance of the conditions for the assignment of “.es” domain names.
The cleansing of the database will be carried out by Red.es within the framework of periodic and systematic filtering actions or random controls, or via the complaint of any state, whether an autonomous or local public sector entity with competence in the matter, with which it has signed the appropriate agreement to collaborate in the cleansing of the database. The implementation of the cleansing actions under the complaint will require the complaint to include details of reliable evidence of inaccuracy or falsity of the data provided by domain owners. In these cases, Red.es must apply objective controls on the associated data before proceeding with the cleansing actions.
If the actions initiated by Red.es or the objective controls applied on the data associated to denounced domain name holders result in the falsity or inaccuracy of said data, Red.es will require both the holder of the domain name and the Registrar Agent who manages it, to correct the deficiencies found. The details of the deadlines and procedures applicable to these actions will be published on the entity’s website. If these deficiencies are not corrected, Red.es shall implement the special cancellation procedures.
In any case, accredited registrars are obliged to collaborate as required by Red.es within the scope of the database cleansing procedure.
Two - Special cancellation procedure
The special cancellation procedure will only be initiated ex officio by Red.es when, as a result of the database cleansing actions described in the first section, the deficiencies detected in the databases have not been corrected.
In the special cancellation procedure, the interested party will be given a hearing and may submit claims within a period of THIRTY CALENDAR DAYS.
After the first TEN calendar days of said period, the domain name shall no longer be visible on the Internet and all services associated therewith shall also be suspended.
Any aspect not provided for in this Instruction shall fall under the cancellation procedure provisions set out in the Instruction issued by the General Director of Red.es on 2 January 2010.
Final provision - Entry into force
This Instruction shall enter into force after a period of one month, effective the day after its publication on the Assignment Authority's web page.