With the Communique Amending the Internet Domain Names Regulation which was published in the Official Gazette dated 10 June 2023 ("Communique"), the Internet Domain Names Regulation has been updated.

Opening of New Internet Domain Names

Under the Communiqué, previous definitions have been updated as follows:

  • The term "forwarding" in Article 27/1 has been replaced with "allocation",
  • The term "trademark owners" in article 27/5 has been replaced with "ownership of domain names based on extension",
  • The phrase "available after the auction or in case of no auction" in Article 27/7 has been changed to "available after the allocations based on ownership of domain names based on extension".

Similar changes have also been made parallel to these regulations, and terms like "trademark owners" have been changed to "ownership of domain names based on extension" or "internet domain name owners" depending on the relevant section.

Article 30 of the Internet Domain Names Regulation, titled "Auction", as well as Articles 27/1 (f), 27/2, 27/4, and 27/6 have been abolished.

Along with other changes in internet domain storage, a provision has been added regulating that administrative sanctions, including termination of activity regarding Domain Registrar ("DR") may be imposed.

Internet Domain Name Application

Instructions for completing the application for an Internet Domain Name has been updated.

In the event of system errors occurring during the domain name allocation process by the DR, or if such errors are detected by the Information and Communication Technologies Authority ("ICTA"), the ICTA may decide on correction of such records.

The provision on "waiver" from both the title and content of Article 22 of the Internet Domain Names Regulation, which pertains to "Sale, Transfer, and Waiver" has also been removed.

Determination of Domain Registrars and their obligations

According to the Communique, the security deposit amount requested during the application process for those who want to operate as a DR and meet the pre-qualification requirements has been increased from TRY 75,000 - to TRY 100,000. This amount will be updated annually based on the revaluation rate determined by the Ministry of Treasury and Finance.

An additional article was added to the Communique regarding technical infrastructure rules, stating that the DR must use different IP addresses when connecting to the real system compared to the IP address(es) used when connecting to the test system.

As known, DRs can conduct their activities through dealers. If the DR collaborates with a dealer, the dealer's starting and ending dates, contact information, and any changes in this information must be reported to the ICTA within 10 business days. Under the Communique, it is stated that if the dealer violates the legislation, it will be the DR's responsibility and the violation will be attributed to the DR.

You can access the Communique through this link. (It is only available in Turkish)

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroglu Arseven.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.