In preparation for 29th March 2019 (“Withdrawal Date”), the UK Government have published various notices on how the UK’s withdrawal from the EU may affect potential stakeholders. One of which concerns the use of .eu domain names by UK entities or persons following the Withdrawal Date. EURid, the registry manager of the .eu domain has also published its action plan.
.eu Top Level Domain Registry
The legal framework for the .eu sets out that only EU undertakings, EU organisations and EU residents are eligible to register .eu domain names. Unless there is a transitional arrangement agreed and contained within a possible withdrawal agreement, the regulatory framework for the .eu Top Level Domain Registry will no longer apply to the UK following the Withdrawal Date.
Who does this apply to?
The information set out below concerns accredited .eu Registrars, .eu domain name registrants and applicants for .eu domain names and the legal repercussions of the UK becoming a third country on Withdrawal Date.
How will no deal Brexit affect UK registrants?
1. Registration
Article 4(2)(b) of Regulation (EC) No 733/2002 provides that a person is eligible to register .eu domains providing that: (i) undertakings have their registered office, central administration or principal place of business within the EU; (ii) organisations are established within the EU (without prejudice to the application of national law); and (iii) they are a resident within the EU.
As of 30th March 2019, EURid will no longer allow the registration of any new domain name with the GB/GI resident country codes as UK entities and persons will no longer satisfy the eligibility criteria of the Regulation (as above).
2. Existing - WHOIS
Those registrants and registrars with existing domain names within WHOIS on the Withdrawal Date will receive a notification from EURid via email on 23rd March 2019, notifying them of the impending non-compliance with the .eu regulatory framework.
The same will receive further notification on 30th March 2019 in which the registrants and registrars will be advised that the data associated with their .eu domain names is no longer compliant. They will then be given the option to update the contact data by, for example, legally establishing an entity in one of the eligible 27 EU countries, before 30th May 2019.
Within this two month period the existing .eu domain names will remain active and it is intended to allow holders of existing .eu domain names to update the details as suggested above, update the residence or transfer the domain name to an eligible registrant.
However, there will be no opportunity for registrants or registrars to apply for a term extension, nor will the existing domain names be automatically renewed upon expiry. Those that expire within the two month period, will be changed to the ‘Withdrawn’.
On 30th May, the registrants that failed to demonstrate their eligibility will have their domain names withdrawn, which means that it will no longer function or support any activity. This will not remove the domain name from the record therefore allowing for possible reactivation subject to the eligibility criteria being satisfied.
On 30 March 2020, one year after the Withdrawal Date, all domain names that were affected will be revoked and subsequently made available for general registration.
3. On Hold
On-hold .eu domain names are subject to a pending court case therefore they will remain registered until the outcome of that case is decided. However, this will only be the case until 30th May 2019, at which point they will be suspended and cease to function.
If the court case results in a transfer of domain name to an eligible party, the EURid will act on that decision as they would in the current circumstances. Where the court case decides that the domain name is to remain registered to a GB/GI resident code, the EURid will withdraw the registration at the soonest practicable moment following the final decision from the court.
4. Suspended
Where the domain name is already suspended, the EURid will consider each case individually and where appropriate, continue with the withdrawal of the domain name.
5. Quarantine
There will be no option to transfer a domain name with quarantine status to another GB/GI registrant during the two month period. However, the registrants are still able to make an application to transfer to a non-GB/GI registrant.
What difference will a withdrawal agreement make to UK registrants?
As it currently stands, the withdrawal agreement states that the UK will leave the EU following a transitional period on 31st December 2020 (or later dependent on an extension under Art. 132 of the Withdrawal Agreement). The exact same principles will apply to .eu domain names if the UK leaves the EU with a deal as if it left without a deal. However, the benefit of the Withdrawal Agreement is that it will allow a longer period of time for registrants to prepare and make the necessary arrangements to ensure their domain name is secure and compliant.
For ease of reference, we have inserted the below table setting out the different time scales that applicable to the information set out above.
Current proposed deal
No deal
Registration
Ineligible from 1st January 2021
Registration
Ineligible from 30th March 2019
Existing (WHOIS)
First email on 23rd December 2020; and
Second email on 1st January 2021.
Two month window – 1st January 2021 – 2nd March 2021.
1st January 2022 – all affected domain names revoked.
Existing (WHOIS)
First email on 23rd March 2019; and
Second email on 30th March 2019.
Two month window – 30th March 2019 – 30th May 2019.
30th March 2020 – all affected domain names revoked.
On hold
Suspended as of 2nd March 2021
On hold
Suspended as of 30th May 2019
If you have any concerns that the above information may affect you, please to not hesitate to contact a member of our Intellectual Property team for assistance and advice.
