Can you imagine that the name of the bearer or his business could not appear on a business card? Or that a judge ordered the removal of a huge luminous sign from the headquarters of a company? Despite being two surreal situations, both perfectly illustrate some problems that individuals and organizations can face that do not take into account all the legal issues when registering a web domain.However, here a small big difference should be underlined: in the previous cases, this incidence would affect a much smaller audience than in the third case, whose potential audience is the 3,200 million Internet users in the world today, according to the consultancy IDC . So that this does not happen to you, I summarize in this post the main legal aspects that affect the ownership and registration of online domains.list_altIndex of contents
Legal aspects of online phone directory england uk : domain management
Who grants the use of a domain?
What to do if a domain is already reserved?
Do you want to know more legal issues that you should take into account when launching a website or digital marketing campaign?
Click here and download the guide Legal aspects of online marketingLegal aspects of online marketing: domain management
When we speak of a domain —or the domain name, to be exact—, we refer to the name that identifies a website . Therefore, it would be the internet equivalent of the physical headquarters of a company. Hence the importance of clearly defining who is the owner of the domain .
And at this point is where one of the most recurrent errors arises: although we tend to use the expression “buy a domain”, what we are actually doing is reserving or registering a domain . That is to say: obtain, upon payment, a concession to use it for a period of one year, renewable for the same periodicity.In the same way that when acquiring a house it is necessary to contemplate who we will register as the owner, the Betting Email List of networks requires something similar: when a company registers a domain (which in legal terms makes it a registrant , understood as the owner of the domain ), you have to indicate who it belongs to, who is the owner of the domain (that is, who is the company that owns the website).However, in addition to indicating the name of the owner, when reserving a domain, three emails must also be notified to contact three people who perform various functions in the company . There are the following types of contact:Administrative contact . It corresponds to the person who must manage the bureaucratic and administrative matters of the domain. For this reason, it is recommended to provide a generic email, which is not linked to the name of a specific employee and is working (for example, [email protected]). Likewise, it is also advisable for this administrative contact to have notions of a legal or juridical nature.
Billing contact. This contact will be the one in charge of processing the invoices linked to the domain. Since you have to follow the same considerations as in the previous case, a typical email account would be [email protected]
Technician contact. This is the only email that can be in the hands of someone outside the organization. In fact, this could include a provider to whom the technical management of the domain has been subcontracted. In any case, do not confuse the technical contact with the IT provider.
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With regard to the most common errors when registering a domain, it is worth referring to the fact that many companies provide as registrant the name of the IT provider, of a worker or, ultimately, of someone who is not from the company.On the other hand, it must be taken into account that, when registering a domain, the Domain Name System or Domain Name System (DNS) is also configured , which serves to indicate to the registrar to which server the domain that is available will be assigned. use. This question is of vital importance, since the person linked to the DNS will be the one who will have effective control of the domain. C ny change of ownership to be asked on a domain only be authorized if it is sent from the email to the Registrant, according to the rules that apply to registrars.
Who grants the use of a domain?
The ultimate party responsible for the granting of domains is the Internet Corporation for Assigned Names and Numbers (ICANN) , based in California (United States) and therefore subject to the legal provisions of this country. This institution manages both the so-called top level domains (or generic domains) and the code top-level domains (or geographic domains) , which encompass all references to national, regional or local demarcations (for example, .es, .de, .cat, .barcelona …).I CANHowever, each country has its own organization subject to ICANN, which is in charge of authorizing the different one-to-one registrar agents (for example, Nominalia or Telefónica) to hand over the management of their domains. In the case of Spain, this function is assumed by Red.es , an entity that depends on the Ministry of Industry, Energy and Tourism.When registering a domain, it is recommended to go to a registrar agent, instead of opting for the domain reseller (resellers) or intermediaries (the Red.es website contains the official list of authorized agents). In this way, the registrant will obtain more guarantees and support in case of incidents, since the registrar agents are subject to more legal obligations than the resellers. Likewise, it is also advisable to prioritize local registrars, since problem management is usually more agile than if you opt for a foreign agent.When registering a domain, it is recommended to go to a registrar agent , instead of opting for the domain reseller (resellers) or intermediaries (the official list of authorized agents can be found on the Red.es website). In this way, the registrant will obtain more guarantees and support in case of incidents, since the registrar agents are subject to more legal obligations than the resellers. Likewise, it is also advisable to prioritize local registrars , since problem management is usually more agile than if you opt for a foreign agent.New Call-to-action
What to do if a domain is already reserved?
When a domain is reserved, the natural person or company that carries out this action must sign an adhesion contract , which obliges the registrant to submit to an arbitration procedure for the resolution of controversies in names and domains if there is any dispute on the part of any natural or legal person interested in the use of the domain. This situation can occur if assumptions such as the following occur:It involves the name of a registered trademark . In this case, the plaintiff usually manages the domain without problems.
It is a generic domain (for example, kitchens.com). When this happens, the claim would not be appropriate, since no natural person or entity has the right to exclusively use these types of words.
On the other hand, it should be noted that, if a buyer-seller reserves a domain and contacts third parties to offer it in exchange for a certain economic amount , or if he acts in bad faith to harm third parties, he automatically loses all rights over it. domain.Likewise, it must be taken into account that any change requested on a domain will only be authorized if it is sent from the registrant’s email , in accordance with the regulations that apply to registrars.Finally, these two simple precautions are advised when you want to reserve a registry:Make sure that the domain in question is free of rights .
Register the three or four most important domains (for example, those ending in .es, .com, .net, etc.).
However, domain registration is just one of many legal issues to consider when building a website. If you want to know what these essential aspects are, you can download the free guide Legal aspects of online marketing , prepared jointly by Derecho.com and InboundCycle. I am sure it will be of great use to you. Check it out!