English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Ordinance on Internet Domains (OID) of 5 November 2014 (Status as of 1 January 2015) The Swiss Federal Council, based on Articles 28 paragraph 2 and 2bis, 48a, 59 paragraph 3, 62 and 64 paragraph 2, of the Telecommunications Act of 30 April 19971 (TCA), ordains: Chapter 1 General Provisions
(OID)

The management of domains is organised on the basis of the two fundamental functions of the registry and the registrar.

OFCOM exercises the function of the registry or delegates this to a third party.

It may exercise the function of registrar when no satisfactory offer of registration services is proposed on the market.

The registry manages the domain in a rational and judicious manner. It exercises its function in a transparent and non-discriminatory manner.

It has personnel who have the professional qualifications and knowledge necessary to fulfil its various tasks. It designates a responsible technical manager.

OFCOM may prescribe the requirements concerning the quality and security of the registry services and the methods of monitoring the security and resilience of the infrastructures.

In the exercise of its functions, the registry has the following tasks:

1. to provide the services, operations and functionalities of the DNS required in accordance with the rules which apply at the international level, in particular: 1. keeping a log of activities, 2. administering and updating the databases, including all information relating to the domain in question which is necessary to exercise its function, 3. managing the primary and secondary name servers, whilst ensuring the distribution of the zone file to these servers, 4. performing the resolution of domain names into IP addresses, 5. ensuring the installation, management and updating of a WHOIS database;

2. providing the registrars with a system which enables them to submit applications for registration of domain names and ensure the administrative management thereof (registration system) and laying down the procedures as well as the technical and organisational conditions relating to the registration and management of domain names by the registrars;

3. assigning and revoking rights of use of domain names;

4. providing a technical and administrative procedure allowing an easy transfer between registrars of the management of domain names, when this is required by their holders;

5. implementing the dispute resolution services (Art. 14);

6. ensuring the acquisition, installation, operation and updating of the necessary technical infrastructure;

7. taking appropriate measures to ensure the reliability, resilience, accessibility, availability, security and operation of the infrastructure and the necessary services;

8. advising the registrars concerned immediately of any interruption in the operation of the DNS, its infrastructure or its registration services;

9. combating cybercrime in accordance with the provisions envisaged by this Ordinance;

10. providing the public with an easily identifiable and accessible website featuring all useful information on the activities of the registry as well as a list of registrars which can be consulted according to the services required;

11. providing the registrars with a system which enables them to keep up to date, in a harmonised form, the information which they wish to publish in the directory of registrars.

The registry does not examine the activities of registrars and holders in a general and continuous manner. Subject to Article 51 letter b, it is not obliged to actively seek out facts or circumstances revealing illegal activities carried out using domain names.

The registry enters in a log the activities in connection with the registration and allocation of domain names, changes thereto, transfers thereto, decommissioning and revocations thereof.

It archives the entered data and the corresponding supporting documentation for ten years starting from the revocation of a domain name.

Any person has the right to consult the file in the activities log relating to a specific domain name. The registry lays down the technical and administrative methods of consultation. It may request remuneration for consultation.

When the registry function is delegated, the registry may be obliged by OFCOM to conclude with an independent nominee a contract under private law which relates to the backing up for the benefit of OFCOM of the system of registration and management of a top-level domain including all the data and information relating to the holders and to the technical characteristics of allocated domain names in particular.

OFCOM may give instructions to the nominee and use or allow use of the system, the data and the information backed up only in the following circumstances:

1. the registry is subject to bankruptcy, liquidation or debt-restructuring proceedings;

2. the registry ceases its activity but does not transmit to the new registry or OFCOM the data or information necessary to manage the domain;

3. the registry is no longer able to perform its function or one of its tasks;

4. extraordinary circumstances, such as a natural disaster, so require.

The registry may process personal data concerning registrars, applicants and holders of domain names, the dispute resolution service and their experts or any other person involved in the management of the domain concerned to the extent that and for as long as is necessary:

1. to manage the domain concerned;

2. to accomplish the registry function and fulfil the obligations which derive for it from this Ordinance, its implementing provisions or its delegation contract;

3. for the stability of the DNS;

4. to obtain payment of the amounts due for registry services.

Subject to Article 11 paragraph 2, the maximum duration of personal data processing operations operated by the registry is 10 years.

The registry establishes the dispute resolution services which are necessary. It regulates the organisation of and the procedure for these services in compliance with the following rules and principles:

1. the services provide extrajudicial dispute resolution processes conducted by neutral and independent experts;

2. the services are responsible for ruling on disputes between holders of domain names and holders of trademark rights;

3. the decisions of the experts concerning domain names have mandatory force for the registry concerned, unless a civil action is raised within the deadline allowed by the rules of procedure;

4. the decisions of the experts relate to the legitimacy of the allocation of a domain name; they may not award damages or pronounce on the validity of a claim under trademark law;

5. the rules governing the resolution of disputes must be based on accepted best practice;

6. the procedure must be fair, transparent, rapid and beneficial; the experts mandated by the services may not be subject to any general or particular directive on the solution of a dispute; they may take all steps necessary for the resolution of a dispute;

7. the dispute resolution procedure ends with the withdrawal of the application, the conclusion of an agreement between the parties, the decision of the experts or the opening of a civil action.

The structure of the organisation, the rules governing the resolution of disputes, the rules of procedure and the appointment of the experts called upon to come to a decision require the approval of OFCOM. Beforehand, the latter shall seek the opinion of the Swiss Federal Institute of Intellectual Property and the Federal Office of Justice.

On request, the registry shall transmit to the acting dispute resolution service all the personal data in its possession which is necessary for the resolution of a dispute.

It may publish or arrange to have published the decisions taken by the experts, with the exception of the name and other personal information making it possible to identify the parties.

The registry must block a domain name technically and administratively if the following conditions are met:

1. there exists a justifiable suspicion that the domain name in question is used: 1. to access critical data by illegal methods, or 2. to distribute malicious software;

2. a service to combat cybercrime recognised by OFCOM has submitted a blocking request.

If the conditions mentioned in paragraph 1 letter a are met, but no blocking request has been transmitted by a service within the meaning of paragraph 1, letter b, the registry may block a domain name technically and administratively for⁵ working days at most. On the expiry of the fixed period, it cancels any measure which is not confirmed by a recognised body within the meaning of paragraph 1 letter. b.

It shall immediately inform the holder, electronically, of the blocking. It shall simultaneously ask the holder to indicate, if required, a valid correspondence address in Switzerland and to identify itself within 30 days. It shall revoke the domain name if the holder does not comply within the time limit.

The Federal Office of Police (fedpol) takes a decision on the blocking if, within the

days following this blocking, the holder:

1. requests such a decision;

2. identifies itself correctly; and

3. indicates a valid correspondence address in Switzerland when it is registered

The registry shall lift the technical and administrative blocking of the domain name

days after the execution of a blocking request within the meaning of paragraph 1 letter b, unless fedpol or another Swiss authority intervening within its sphere of competence has confirmed by decree the measure taken.

It shall document cases of blocking and present a report to OFCOM each quarter or on request. It may also inform the services recognised within the meaning of paragraph 1 letter b of cases of blocking.

The registry may collaborate with any third party which provides assistance with the identification and evaluation of threats, abuses and dangers which affect or might affect the management of the domain for which it is responsible, the infrastructure dedicated to this management or the DNS. It ensures that the third parties concerned can, on a voluntary basis, in a secure manner exchange with it personal information and data on these threats, abuses or dangers. It may communicate such personal data or information to the third parties concerned.

It reports to the specialist federal services incidents concerning security of information which affect the domain for which it or the DNS is responsible. It may process personal data in connection with these incidents and communicate it to the specialist services, if necessary without the knowledge of the persons concerned.

When a Swiss authority, intervening within its sphere of competence, so requires and the registrar concerned has not taken this step within 10 days from the request by the authority, the registry requests the holder who does not have a valid correspondence address in Switzerland to provide such an address within 30 days. The registry revokes the domain name if the holder does not comply within the time limit.

Otherwise, Article 13b TCA applies by analogy to the administrative assistance guaranteed by the registry.

A registrar may offer registration services only if it:

1. can provide evidence that it has concluded a registration contract with ICANN when the rules which apply at the international level so require for the domain concerned; and if it

2. has concluded with the registry a contract relating to the registration of domain names (registrar contract).

The registry is under the obligation to conclude a registrar contract when the applicant meets the following conditions:

The application to conclude a registrar contract is addressed to the registry. It includes all the documents, data and information that make it possible to assess compliance by the applicant with the prescribed conditions.

Any change in the facts on which the registrar contract is based must be communicated to the registry.

The registrar contract may not derogate from the rules prescribed by this Ordinance and its implementing provisions. Otherwise, the registry shall comply with the principles of non-discrimination and transparency in its contractual relations with registrars.

The registrar contract is governed by public law when the registry function is exercised by OFCOM (contract under administrative law) and by private law when the registry function is delegated (contract under private law).

The registry terminates the registrar contract without compensation when a registrar so requests, no longer meets the conditions imposed on the exercise of its function, ceases all activity or is subject to bankruptcy or liquidation proceedings. It must inform the holders of the domain names managed by the registrar concerned of the cancellation of a registrar contract in the appropriate manner.

Article 40 paragraphs.¹, ³ and⁴, and Article 41 apply by analogy to the surveillance of registrars exercised by OFCOM.

The registry shall provide the public with the details of the requirements for a registrar contract and the list of registrars that have concluded a contract with their name and corporate name, their postal address, their telephone number and their email and internet site addresses.

It supplies registrar contracts to third parties which request them. The clauses and annexes containing confidential commercial information are not communicated.

Registrars which have concluded a contract may access the registry’s registration system, which enables them to register and administratively manage domain names in the name of and on behalf of third parties. They may allocate domain names to themselves on their own behalf for their own needs.

They may claim their right only insofar as the access is carried out in accordance with the technical or organisational procedures and conditions specified by the registry.

Registrars must propose an offering consisting exclusively of the allocation of a domain name (unbundled offering).

They must guarantee their customers at all times the opportunity to transfer the administrative management of a domain name to a new registrar. Civil claims for non-execution of the contract are reserved.

Registrars must retain commercial correspondence, supporting documentation, titles and log files classified according to domain names for a period of 10 years from the end of registration of a domain name. They shall present them, on request, to the registry within³ working days at the latest.

Registrars are obliged:

1. to collaborate with the registry and to provide it with all necessary technical and organisational assistance and support in order to ensure the continuity and the security of the administration of the domain names;

2. to ensure that holders of the domain names for which they provide administrative management are informed of the cessation of any registrar’s activities and of the steps to be taken to safeguard their claims.

Registrars shall report to the registry any requested or registered domain names of a nature which is manifestly illegal or contrary to public order as soon as they are aware of them.

They shall immediately report to the registry any technical disturbance which they detect on their systems, the registration services of the registry or the operation of the DNS.

They are obliged to forward to the holders all information issued by the registry.

The legal relations of registrars with applicants and holders of domain names are governed by the provisions of private law. The rules laid down by this Ordinance and its implementing provisions are reserved.

Subject to Article 40 paragraph 4 TCA, registrars are free to fix the price of their registration services.

Registrars shall publish the prices and the general conditions for their services.

Registrars collaborate with the registry in order to identify or to assess threats, abuses and dangers which affect or might affect the management of the domain and of the domain names which are subordinate to it, the management infrastructure or the DNS. They may process personal data in connection with these incidents, if necessary without the knowledge of the persons concerned.

They report to the specialist federal services incidents concerning security of information which affect their management systems and infrastructures or the DNS. They may process and communicate personal data in connection with these incidents to the services concerned, if necessary without the knowledge of the persons concerned.

At the request of a Swiss authority acting within its sphere of competence, the registrar concerned shall within five days request any holder who does not have a valid correspondence address in Switzerland to provide such an address within 30 days.

On request, the registrars shall transmit to the acting dispute resolution service all the personal data in their possession which is necessary for the resolution of a dispute.

When a registrar submits a registration application on behalf of an applicant, the registry initiates a domain name allocation process.

It processes the registration application when the latter:

1. has been validly submitted via the registry’s registration system;

2. includes all the information, elements and documents necessary to authorise the allocation of a domain name, in particular: 1. the designation desired as a domain name, 2. up-to-date, complete and correct information on the applicant, in particular their name and postal and email addresses, 3. current, complete and correct information enabling verification of compliance with the general and particular conditions of allocation of the required domain name.

OFCOM determines the necessary information, elements and documents which may be required by the registry or registrars in order to verify the name, address and legal existence of an applicant or compliance with the conditions of allocation of a domain name, in particular:

1. if the applicant is an individual: a copy of a national identity document or a valid passport and a current certificate of residence;

2. if the applicant is an association or a foundation with its headquarters in Switzerland and not entered in the commercial register: a certified copy of the statutes of association or the foundation charter;

3. if the applicant is a legal entity or a partnership with its headquarters abroad:

If necessary, it regulates the modalities for submitting registration applications. It may demand the use of set forms for registrations and amendments.

A domain name is allocated when:

1. the required designation, or the corresponding ACE string, consists of³ to 63 authorised characters; OFCOM determines the authorised characters and may provide for exceptions concerning the minimum number of characters when an overriding public interest justifies this; the names of the Swiss cantons and political communes and abbreviations consisting of two characters which designate the cantons are reserved in accordance with Article 26 paragraph 1 letter b and may be allocated to the public bodies concerned;

2. the requested designation is not the subject of a reservation under this Ordinance, unless the reservation was made by the person making the application;

3. the particular conditions of allocation for the domain concerned are met.

The registry shall refuse to allocate a domain name when:

1. the chosen designation is contrary to public order, morality or the law in force;

2. technical reasons so require.

It may refuse to allocate a domain name when the applicant is in a state of bankruptcy, liquidation or in administration proceedings.

The following designations or categories of designations are subject to reservation in the national languages and in English:

1. designations of federal institutions and units of the federal administration, names of federal councillors and of chancellors of the Confederation, designations of official buildings and other designations associated with the State which appear in the central list of designations deemed worthy of protection as domain names; this list is drawn up by the Federal Chancellery;

2. the names of the Swiss cantons and political communes, and the abbreviations consisting of two characters which designate the cantons;

3. names and abbreviations of the international organisations protected by Swiss legislation;

4. designations which must be reserved in the generic top-level domains in accordance with the rules which apply at the international level;

5. designations necessary for the activity of the registry, in particular for its communication.

Reserved designations or categories of denominations may be allocated as domain names only to those persons or categories of persons for whom they are reserved, unless the persons or categories of persons have permitted allocation to third parties; the foregoing does not apply to designations allocated to third parties before the designation is reserved or before the entry into force of this Ordinance. In the absence of agreement, homonymous canton and political commune designations are allocated to the commune concerned.

The processing of a registration application by the registry concludes with the allocation or the refusal of allocation of the requested domain name.

The registry allocates the right to use a domain name. The allocation takes effect on its confirmation in electronic form via the registry system to the registrar operating on behalf of the applicant concerned.

The registry communicates to the registrar operating on behalf of the applicant concerned the refusal to allocate a domain name via the registration system in electronic form or if necessary by other means.

OFCOM makes a decision on the refusal to allocate a domain name if, within the

days following the communication of this refusal, the applicant:

1. requests such a decision; and

2. provides a valid correspondence address in Switzerland when it is registered

The holder has the right to use the domain name which has been allocated to it within the prescribed limits and for purposes provided for by this Ordinance and its implementing provisions. The right of use is subject to public law.

It manages freely the domain names subordinate to the domain name allocated to it, subject to any contrary provisions of this ordinance or of its implementing provisions.

It may transfer to a third party a domain name which has been allocated to it when the general and particular conditions of allocation are met by submitting, via the registrar which manages it, a change of holder request.

It may give up its domain name at any time by submitting, via the registrar which manages it, a cancellation request. Civil claims for non-fulfilment of the contract concluded with the registrar are reserved.

The right to use a domain name automatically passes:

1. to the undertaking originating from a merger which becomes the holder of the domain names allocated to the merged undertakings;

2. in the event of a demerger or a transfer of assets governed by the Mergers Act of 3 October 2003⁴, to the undertaking which takes over which then becomes the holder of the domain names allocated to the transferring undertaking mentioned in the inventory;

3. to the heirs of the deceased holder.

It reverts to the bankruptcy assets of the bankrupt holder.

The holder must keep up to date and if necessary supplement or correct all the information relating to it which is necessary for the management of the domain name which it has been allocated.

It is obliged to take part in a dispute resolution procedure initiated by the holder of a right attached to a distinctive sign.

The registry may, on its own initiative or at the request of the registrar concerned, revoke the allocation of a domain name:

The registry shall revoke the allocation of a domain name:

1. if an amendment of this Ordinance or its implementing provisions so requires;

2. if this proves necessary in order to protect the integrity or the stability of the DNS;

3. if the holder gives up its domain name voluntarily;

4. if the registrar operating on behalf of the holder is in a state of bankruptcy, liquidation or has had its registrar contract terminated and the holder does not transfer the management of the domain name to a new registrar within 90 days; this period runs from the time the registry has informed the holder of the necessity of transferring management of the domain name to a new registrar; the quarantine period within the meaning of Article 31 paragraph 3 is 90 days;

5. if experts mandated by a dispute resolution service so request, unless a civil action has been opened within the period prescribed by the procedural rules of the dispute resolution service concerned;

6. if a court or an arbitration tribunal so orders as part of a procedure which leads to an enforcement order or ruling in Switzerland;

7. if a Swiss administrative or prosecuting authority so orders in accordance within its sphere of competence.

As a preliminary measure, the registry may:

1. technically block the operation of a domain name;

2. administratively block a domain name by prohibiting its re-allocation to a third party, its transfer or any change in technical or administrative parameters relating to it.

The revocation of a domain name takes effect as of its communication by the registry in electronic form to the registrar operating on behalf of the holder concerned via the registration system. It results in the revocation of the subordinate

OFCOM takes a decision on the revocation of a domain name if, within the 30 days following the communication of this revocation, the holder:

1. requests such a decision; and

2. provides a valid correspondence address in Switzerland when it is registered 3 Subject to a longer quarantine period granted by this Ordinance, a revoked domain name may not be allocated to a new holder until 40 days after its revocation or the entry into force of a decision pursuant to paragraph 2. During this period, the revoked domain name must be reassigned from the date of revocation to its former holder if the latter so requests and the general and particular conditions of allocation are met.

OFCOM may delegate to third parties (delegates) the registry function of a domain managed by the Confederation or particular tasks related to this function.

It designates the delegates directly or by initiating an open or selective procedure within the meaning of Article 34 paragraph 1 of the Public Procurement Ordinance of 11 December 1995⁵.

The delegation contract is drawn up for a specific term. Its term is fixed according to the nature and importance of the delegated tasks.

It may be extended or renewed.

The delegate cannot at the same time exercise the function of registrar for the domain which it manages.

If the delegate is linked legally or economically to an entity which exercises a registrar function for the domain, an independent execution of the tasks must be guaranteed in the delegation contract by suitable measures such as the prescription of specific forms and communication practices or the obligation to guarantee the autonomy of the personnel employed.

The tasks of the registry are agreed in the form of a list of services; qualitative criteria are defined in order to verify the execution of the tasks.

Other services of the registry may be agreed, in particular for collaboration in appropriate international forums and organisations or within the sphere of data protection and internet security.

The registry must prove that it has adequate insurance to cover the risks related to its activities of domain name management and allocation.

The price which registrars must pay annually for the registration of a domain name and for administration of the data is fixed in the delegation contract.

When the delegation of tasks is the result of an open or selective procedure under

When the delegation of tasks takes place directly, the price covers the relevant costs of the registry related to the catalogue of performances agreed with OFCOM and additionally makes it possible to make an appropriate profit.

Delegates are obliged to provide OFCOM with all the information and documents necessary for the execution of this Ordinance and its implementing provisions.

They are obliged to transmit free of charge to OFCOM the information necessary for the compilation of official statistics. Articles 97 to 103 of the Ordinance of

March 2007⁶ on Telecommunications Services apply by analogy.

OFCOM ensures that delegates comply with this Ordinance and its implementing provisions, and with their delegation contract.

In principle, it verifies once every two years the manner in which delegates fulfil the delegated function or tasks. The delegates must grant access to their premises and their installations and must provide all the information required.

If there is reason to suspect that a delegate is not complying with the obligations arising from this Ordinance, its implementing provisions or the delegation contract, OFCOM shall perform an audit. The delegate must guarantee access to its premises and its installations and must provide all the information required.

If the audit establishes that the delegate is not fulfilling its obligations, the delegate bears the costs thereof.

If it proves that a delegate is not fulfilling its obligations, OFCOM may:

1. require it to remedy the shortcoming or to take appropriate measures to prevent any repetition; the delegate must inform OFCOM of the measures taken;

2. require it to transfer the unlawfully acquired revenue to the Confederation;

3. add conditions to the delegation contract;

4. restrict or terminate the delegation contract with immediate effect or within a specific period.

OFCOM may order provisional measures.

OFCOM may modify by administrative decision certain provisions of the delegation contract before the expiry of its period of validity if the de facto or de jure conditions have changed and if the modification is necessary to preserve overriding public interests.

The delegate shall receive appropriate compensation if the modification of the delegation contract causes it a financial loss relating to the delegated function or tasks. This compensation does not include the compensation for lost profit.

OFCOM shall terminate the delegation contract without compensation if a delegate no longer fulfils the conditions for exercising the delegated function or tasks, ceases all activity or is in a state of bankruptcy, liquidation or in administration proceedings.

It may terminate the delegation contract by appropriately compensating the delegate if the de facto or de jure conditions have changed and if the termination is necessary to preserve overriding public interests. The compensation does not include the compensation for loss of profits. It takes into account the amount received by the delegate according to paragraph 5 letter b for the assistance provided.

OFCOM may take over the delegated function or task or entrust it to a new delegate.

Holders retain their rights vis-à-vis the new registry to the domain names which have been allocated to them.

The delegate is obliged to collaborate and to provide the new registry with all the assistance and technical and organisational assistance necessary to ensure the continuity and security of the management of the domain concerned and of the domain names subordinate to it. It is entitled to compensation based on the utility value of its assistance. The compensation is, on request, fixed by OFCOM. The delegate must in particular make available:

1. free of charge: the activities log and the entirety of the conserved data or information which relates to the domain concerned and to the holders of the allocated domain names or which catalogue the management activities associated with these domain names and their characteristics, in particular their technical characteristics;

2. in return for compensation for the asset value: the technical and dataprocessing infrastructure essential to the continuation of the function or of the delegated tasks.

The delegate shall ensure that the persons affected are aware of the cessation of its activities and of the steps to be taken to safeguard their claims.

The “.ch” domain has the following characteristics:

The registry establishes a dispute resolution service within the meaning of Article 14.

The following data must appear in the WHOIS database:

1. the designation of the allocated domain name and corresponding ACE string;

2. the full name of the holder of the domain name concerned;

3. the postal address of the domicile or head office of the holder, indicating the street name or a post-office box number, the locality, the postal code, the State or the province (the canton for Switzerland) and the country;

4. if the holder is a legal entity or a partnership, the name of an individual authorised to represent it;

5. the applicable language in the event of any dispute resolution procedures;

6. the name and postal address of the person with technical responsibility, indicating the street name or a post-office box number, the locality, the postal code, the State or the province (the canton for Switzerland) and the country;

7. the information according to which a domain name is or is not protected by the DNSSEC system;

8. the date of the first allocation of the domain name;

9. the full name of the registrar acting on the behalf of the holder of the domain name concerned.

The registry shall take suitable measures, in particular technical measures, to prevent abuse of the data made available to the public, in particular its use for purposes of advertising or sales promotion.

If a domain name is not yet allocated and the general conditions prescribed in

The registry does not check the merits of the rights to use the alphanumeric denominations of domain names. Disputes relating to the rights attached to distinctive signs in relation to domain names are governed by civil law.

“.ch” country domains that are transposed into another alphabet or graphic system are managed by their own specific registry. OFCOM may entrust this management to the registry of the “.ch” domain.

Otherwise, the provisions of this Ordinance which govern the “.ch” domain apply by analogy to the management of a transposed “.ch” domain.

The “.swiss” domain has the following characteristics:

1. it is managed by the Confederation;

2. the domain and the domain names which are subordinate to it are intended to serve and promote the Swiss community, its image and its political, economic, legal or cultural interests in Switzerland and in the world;

3. the subordinate domain names may be allocated only to entities located in Switzerland or having a particular link with Switzerland;

4. the policy of assigning domain names must be implemented in a prudent manner protective of the interests of the Swiss community; it may restrict the categories of designations that are available for allocation or the eligibility of persons who may require such an allocation;

5. the registrar function is exercised in free competition by all the entities which have a valid registrar contract with the registry.

In the exercise of its functions, the registry has the following particular tasks:

The following data must appear in the WHOIS database in accordance with the rules which apply at the international level:

1. the designation of the allocated domain name and corresponding ACE string;

2. the name, address and contact data of the holder of the domain name concerned;

3. the name, address and contact data of the administrator of the domain name concerned;

4. the information relating to the technical, operational or administrative status of the domain name concerned;

5. the data of the name server allocated to the domain name concerned;

6. the name, address and contact data of the registrar operating on behalf of the holder of the domain name concerned.

The registry provides search facilities in the WHOIS database on the basis of criteria such as the domain name concerned, the registrar in charge of its management or the designation of the name server.

A domain name is allocated when the following particular conditions are met, in addition to the general conditions provided for by Article 25:

1. the applicant provides proof of a sufficient link with Switzerland; this is in particular the case when its headquarters and an actual administrative site or its residence is in Switzerland, or if the person concerned is a Swiss citizen;

2. the applicant belongs, at the time of submission of the registration application, to a category of persons entitled to request an allocation (eligibility);

3. the requested designation belongs, at the time of submission of the registration application, to a category of designations which may be the subject of an allocation;

4. the envisaged use is complies with Swiss law; if the domain name is used to offer or advertise products or services, a headquarters and an actual administrative site or domicile in Switzerland are essential;

The registry may refuse the allocation of a domain name:

1. when the chosen designation may manifestly lead to confusion with a domain name already allocated;

2. when it is clear, on the basis of brief examination, that the chosen designation infringes third-party trademark rights; otherwise, the merits of the rights to use the alphanumeric designations of domain names is not verified; disputes relating to trademark rights in relation to domain names are governed by civil law;

3. when the characteristics or values which underlie the domain oppose such allocation.

In exceptional cases, the registry may allocate domain names which do not meet the particular conditions of allocation when the interest of this allocation for the Swiss community so justifies.

The Federal Department of the Environment, Transport, Energy and Communications (DETEC) shall determine the categories of designation benefiting from privileged allocation, their order of priority and the duration of the period of allocation according to the rules which apply at international level, the promotional needs for the domain and the operational constraints with a view to creating a quality namespace which is as secure as possible. It shall take account of the conditions of the national and international domain name market. The registry fixes and publishes the dates on which the periods of privileged allocation begin.

The registry shall publish on its internet site after the end of each period of privileged allocation the submitted applications for registration of domain names which a priori meet the general and particular conditions of allocation. Article 57 paragraphs

and³ applies otherwise.

The registry fixes and publishes the general opening date from which the allocation of domain names may be requested in the categories of designation.

Eligibility for the allocation of a domain name may be staggered for the following categories of persons:

1. public bodies or other Swiss public law organisations;

2. entities entered in the Swiss commercial register having their headquarters and an actual administrative site in Switzerland;

3. associations and foundations not entered in the Swiss commercial register having their headquarters and an actual administrative site in Switzerland;

4. physical persons domiciled in Switzerland or possessing Swiss nationality.

DETEC fixes the order, the planning and the modalities of application of the staggered opening according to the rules which apply at the international level, the promotional needs for the domain and the operational constraints with a view to creating a quality namespace which is as secure as possible. It takes account of the conditions of the national and international domain name market.

The domain names which correspond to or which are connected with designations of a generic character with a particular interest for all or part of the Swiss community must be allocated under a naming mandate. OFCOM may draw up and keep up to date a non-exhaustive list of the designations or categories of designation concerned.

The registry may allocate domain names under a naming mandate:

1. following a call for tenders; if necessary it regulates the modalities of the tendering procedure; the latter must conform to the principles of objectivity, non-discrimination and transparency, while guaranteeing the confidentiality of the data provided by the candidates; or

2. on the basis of a spontaneous candidature.

Any candidate for a domain which is to be allocated under a naming mandate must:

1. demonstrate that it complies with the general and particular conditions imposed on the allocation of a domain name;

2. demonstrate that it represents all or an important part of the community concerned with the requested designation or that its candidature benefits from the support of all or an important part of this community;

3. indicate the possible related domain names in German, French, Italian or English which it wishes to integrate into the naming mandate;

4. demonstrate that the envisaged use of the domain name and the performances or services offered in connection with this name benefit the whole of the community concerned;

5. demonstrate the manner in which it will ensure that the requirements provided for under heading² of the Swiss Trademark Protection Act of 28 August 1992⁷ are complied with by all the products offered using a domain name the designation of which refers to a product, to its characteristics or to a category of products;

6. demonstrate the extent to which its project provides added value for the community concerned and for the Swiss community;

7. demonstrate that it meets the conditions prescribed by OFCOM for the quality of the domain name or of the desired project;

8. provide a draft of a naming mandate.

The registry shall publish the candidatures. Other applicants may submit an application for this same domain name within the 20 days following publication.

In the event of a multiple candidature, the registry shall allocate the domain name to the candidate whose project provides added value for the community concerned and for the Swiss community that is clearly greater than that of the other projects.

If no project meets the requirement set out in paragraph 5 and the candidates cannot agree on a single or joint candidature, the registry shall decide on the allocation by drawing lots or holding an auction. The proceeds from the auction are paid into federal funds.

A domain name under a naming mandate is allocated for a specified term. It must be used.

The rules applicable to the supervision of persons that are delegated the registry function of a domain managed by the Confederation (Art. 40 to 43) apply by analogy to naming mandates, and in particular to their revocation.

The registry provides naming mandates to third parties which request them; it may also make them available by a consultation procedure or publish them in another manner. The clauses and annexes containing confidential commercial information are not communicated.

The registry examines any application for registration of a domain name and publishes them, unless the application manifestly does not meet the general and particular conditions for allocation. Other applicants may submit a registration application for this same domain name within the 20 days following publication.

Inthe event of a multiple application, the registry allocates the domain name concerned in the following order of priority:

1. in principle to the public body or to the public law organisation making the application when the latter is in competition with private applicants and the requested designation as such is of public interest;

2. to the public body or public law organisation that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the Swiss community compared to the other envisaged uses; if no project satisfies this requirement and the public bodies or public law organisations submitting the application cannot agree on a single or joint candidature, the registry does not allocate the domain name;

3. in principle to the applicant which has a right to a trademark corresponding to the domain name concerned when it is in competition with applicants not benefiting from such a right;

4. to the highest bidder in an auction when the applicants have competing rights under trademark law to the domain name concerned, unless holding an auction appears inappropriate in light of all the circumstances or the applicants concerned; the proceeds from the auction are paid into federal funds;

5. to the applicant which was first to submit a registration application when all the applicants constitute non-profit-making entities and effectively pursue such aims;

6. to the applicant that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the Swiss community compared to the uses envisaged by the other applicants; if no project satisfies this requirement and the applicants cannot agree on a single or joint candidature, the registry decides on the allocation by drawing lots or holding an auction; the proceeds from the auction are paid into federal funds.

Subject to the prior examination under Article 53 paragraph 2 letter b, the registry does not verify the merits of the rights to use the alphanumeric denominations of domain names. Disputes relating to the trademark rights in relation to domain names are governed by civil law.

Swiss public bodies may apply to acquire top-level generic domains of their choice

They shall comply with the following principles:

1. they ensure that Swiss law and the interests of Switzerland are respected during the management and use of the domains and domain names which are subordinate to them;

2. they ensure the security and availability of the infrastructure and the services necessary for the operation of the DNS;

3. they take measures to prevent abuse of the data made available to the public.

OFCOM shall monitor compliance by the public bodies concerned with the management principles prescribed in paragraph 2. If necessary, it shall stipulate the measures or requirements relating to the security and availability of the infrastructure and services necessary for the operation of the DNS and to prevent abuse of the data made available to the public.

If a public body which has acquired a generic domain has not laid down the necessary rules, it manages this domain in accordance with the provisions of this Ordinance which govern the “.ch” domain.

OFCOM issues the necessary technical and administrative regulations.

Within the scope of this Ordinance, it is entitled to conclude international agreements relating to technical or administrative issues.

From the entry into force of this Ordinance, SWITCH, in its capacity as the mandated registry, may no longer establish new contractual relations with end customers.

SWITCH may still extend existing contractual relations with end customers in the

months following the entry into force of this Ordinance and for 12 months at most.

The end customers of SWITCH must entrust a registrar with managing their domain names. If, despite a repeated invitation to do so, they do not designate a registrar, SWITCH may at the end of its contract deactivate the domain names.

Domain names which have not been transferred to a registrar four months after the expiry of the contract are revoked. They may not be reassigned to a third party until

days after their revocation.

OFCOM and SWITCH shall jointly establish the general conditions to ensure the non-discriminatory and transparent process of migration of end customers to a new registrar in accordance with paragraphs³ and⁴.

The delegation contract of 31 January 2007 concluded between OFCOM and SWITCH may be extended until 30 June 2018 at the latest.

The following conditions, inter alia, apply to the extension of the delegation contract:

1. the retail prices applicable at the time of the entry into force of this Ordinance remain unchanged until the expiry of the delegation contract;

2. the wholesale price valid at the time of the entry into force of this Ordinance may be adapted during the period of delegation as a function of the costs and revenues originating from the delegated activity; any modification to the price is subject to the approval of OFCOM;

3. the revenues originating from the prices billed by SWITCH are used to cover the costs of the delegated activity and to make a fair profit; the relevant costs of an efficient supplier apply;

4. each year, OFCOM examines the costs and revenues which SWITCH claims and determines the resulting surplus or loss; on this basis it fixes the cumulative surplus existing at the end of the year;

5. SWITCH transfers to OFCOM the documents necessary for an examination of costs in accordance with the relevant provisions of the contract of 31 January 2007; the presentation of the costs by activity sector and the state of the investments must be provided to OFCOM by 31 May of the following year; the latter may require SWITCH to produce other documents and information necessary for the examination of the costs;

6. the internet site www.nic.ch is used only for the activity of the registry and may not contain any information or link concerning other activities of SWITCH or of individual registrars; on expiry of the delegation contract, SWITCH transfers the right to use the domain name nic.ch to OFCOM or to a delegate designated by it.

At the end of the delegation period, SWITCH must pay the full cumulative surplus remaining to federal funds within one month.

OFCOM allocates the surplus which is paid to it before the expiry of the delegation contract to the financing of tasks and projects of public interest within the framework of the management of the DNS. It designates the tasks and projects benefitting from financing, lays down the conditions imposed on the financing and monitors its satisfactory implementation. It publishes the list of the designated tasks and projects with the allocated amounts and the names of the beneficiaries.

The surplus not used according to paragraph 2 must be paid into federal funds at the end of the delegation period.

The wholesale partners of SWITCH are regarded as registrars for the “.ch” domain within the meaning of this Ordinance.

Existing partnership contracts must be adapted to the new law within two years following the entry into force of this ordinance.