Ordinance on Internet Domains (OID) (OID)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Object and Organisation
Art. 7 Object
The provisions of this chapter govern the top-level domains managed by the Confederation, as well as the management and the allocation of second-level domain names which are subordinate to them.
Art. 8 Organisation
1 Domains are managed by the Registry and by registrars. 2 OFCOM acts as the Registry or delegates this task to a third party. 3 It may act as a registrar if no satisfactory registration services are offered on the market.
Section 2 Registry
Art. 9 General
1 The Registry manages the domain in a rational and judicious manner. It acts in a transparent and non-discriminatory manner. 2 It has personnel who have the professional qualifications and knowledge necessary to fulfil its various tasks. It shall appoint a technical manager. 3 OFCOM may issue regulations on the quality and security of the Registry services and the methods of monitoring the security and resilience of the infrastructures.
Art. 10 Tasks
1 The Registry has the following tasks: a. to provide the services, operations and functionalities of the DNS required in accordance with the rules which apply at an 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 for carrying out its tasks, 3. managing the primary and secondary name servers while ensuring the distribution of the zone file to these servers, 4. allocating domain names to IP addresses, 5. installing, managing and updating a RDDS database (WHOIS), 6. granting access to the information contained in the zone file for the purposes of combating cybercrime or for scientific or social research, or for other purposes that are in the public interest; b. providing the registrars with a system for the submission and administration of applications for the registration of domain names (registration system) and specifying the procedures and t
Para. 1 let. a let. 5 — Term in accordance with No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). This modification has been made throughout the text. Para. 1 let. a let. 6 — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1 let. j — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 1 let. k — Repealed by No I of the O of 15 Sept. 2017, with effect from 1 Nov. 2017 (AS 2017 5225). Para.
Art. 11 Log of activities
1 The Registry shall enter in a log the activities in connection with the registration and allocation of domain names, changes thereto, transfers thereto, decommissioning and revocations thereof. 2 It shall archive the data entered and the corresponding supporting documentation for ten years starting from the revocation of a domain name. 3 Any person who credibly claims to have an overriding legitimate interest 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 a fee for allowing consultation.
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 12 Backup of the registration and management system
1 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. 2 OFCOM may give instructions to the nominee and use or allow the use of the system, the data and the information backed up only in the following circumstances: a. the Registry is subject to bankruptcy, liquidation or debt-restructuring proceedings; b. the Registry ceases its activity but does not transmit to the new Registry or OFCOM the data or information necessary to manage the domain; c. the Registry is no longer able to perform its function or one of its tasks; d. extraordinary circumstances, such as a natural disaster, so require.
Art. 13 Personal data
1 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: a. to manage the domain concerned; b. to accomplish the Registry function and fulfil the obligations which derive for it from this Ordinance, its implementing provisions or its delegation contract; c. for the stability of the DNS; d. to obtain payment of the amounts due for Registry services. 2 Subject to Article 11 paragraph 2, the Registry may process personal data for a maximum of 10 years.
Para. 1 — Term in accordance with No I of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).
Art. 14 Dispute resolution services
1 The Registry shall establish the required dispute resolution services. It shall regulate the organisation of and the procedure for these services while respecting the following rules and principles: a. the services provide extrajudicial dispute resolution processes conducted by neutral and independent experts; b. the services are responsible for ruling on disputes between holders of domain names and holders of trademark rights; c. 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; d. 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; e. the rules governing the resolution of disputes must be based on accepted best practice; f. the procedure must be fair, transparent, rapid and beneficial; the experts mandated by the services
Para. 2 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 4 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225).
Art. 15 Measures on suspicion of abuse: blocking
1 The Registry may block a domain name technically and administratively for a maximum of five days if there is justifiable suspicion that the domain name in question is being used to: a. access critical data by illegal methods; b. distribute or use malicious software; or c. support the acts mentioned in letters a or b. 2 It may extend the period in which the domain name is blocked for a maximum of 30 days if: a. there is justifiable suspicion that the holder has provided false identification information or is unlawfully using the identity of a third party; and b. there is an urgent need to avert imminent prejudice that cannot easily be remedied. 3 A service to combat cybercrime recognised by OFCOM may extend the period in which the domain name is blocked for a maximum of 30 days if the requirements in accordance with paragraph 1 are met. 4 The blocking of a domain name for longer than the maximum periods specified in this article is only permitted if ordered by OFCOM.
Art. 15 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 15a Measures on suspicion of abuse: redirecting of data traffic
1 The Registry shall redirect data traffic sent to or via a domain name if the following requirements are met: a. the domain name concerned is blocked in accordance with Article 15; b. the processing of information serves only to identify and notify persons affected by acts under Article 15 paragraph 1 and to analyse the process so that techniques may be developed to recognise, stop, limit or track such acts; recorded information that is not related to these acts may not be used and must be deleted immediately; c. the redirecting of data traffic for analysis shall be requested by a service under Article 15 paragraph 3 for a maximum of 30 days. 2 It shall redirect the data traffic to an analysis tool or to an information page containing the following: a. information on the relevant suspicion of abuse; b. the names and the contact data of the service or authority that requested the measure. [tab] 3 Redirecting data traffic for longer than the maximum periods specified in this article is
Art. 15a — Inserted by No I of the O of 15 Sept. 2017 (AS 2017 5225). Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 15b Measures on suspicion of abuse: Notification and request for identification
1 The Registry shall immediately notify the holder of the domain name concerned electronically about the blocking of a domain name or the redirecting of data traffic. 2 It shall simultaneously ask the holder to indicate, if required, a valid correspondence address in Switzerland and to identify itself within 10 days. 3 Notification to the holder may be given at later time if this is necessary in order to protect overriding public or private interests.
Art. 15b — Inserted by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 2 — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).
Art. 15c Measures on suspicion of abuse: decision and revocation
1 OFCOM shall issue a decision on the blocking or redirecting of data traffic if the holder, within the 30 days following notification of the measure by the Registry: a. requests such a decision; b. identifies itself correctly; and c. indicates a valid correspondence address in Switzerland if it or its registered office or place of residence is located abroad. 2 If holder fails to identify itself correctly or to indicate a valid correspondence address in Switzerland within the period specified in Article 15b paragraph 2, the Registry shall revoke the allocated domain name.
Art. 15c — Inserted by No I of the O of 15 Sept. 2017 (AS 2017 5225). Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 15d Measures on suspicion of abuse: unallocated domain names
The Registry may on its own initiative or must on request from a service in terms of Article 15 paragraph 3 take the following measures in respect of unallocated domain names if there is justifiable suspicion that the name could be allocated or used unlawfully or for an unlawful purpose: a. it shall allocate the domain name to itself or to a third party that offers to assist in combating cybercrime; b. it shall redirect data traffic sent to or via the domain name for analysis.
Art. 15d — Inserted by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225).
Art. 15dbis Measures on suspicion of abuse: blocking newly allocated domain names
1 The Registry may block a domain name for 10 days if that name was allocated less than 90 days previously and there are reasonable grounds to believe that the holder: a. has provided false identification information or has unlawfully used the identity of a third party; and b. is using the domain name unlawfully or for an unlawful purpose. 2 It shall at the same time require the holder to identify itself within 10 days. 3 If the holder fails to identify itself correctly within 10 days, the Registry shall revoke the allocated domain name.
Art. 15dbis — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).
Art. 15e Measures on suspicion of abuse: documentation and report
1 The Registry shall document the blocking of a domain name and the redirecting of data traffic. 2 It shall submit a report to BAKOM periodically or on request. The Registry may also pass on the report to services recognised in terms of Article 15 paragraph 3.
Art. 15e — Inserted by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225).
Art. 16 Administrative assistance and co-operation
1 The Registry may collaborate with any third party which provides assistance in identifying and evaluating 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 shall ensure that the third parties concerned can, on a voluntary basis, exchange with it in a secure manner personal information and data on these threats, abuses or dangers. It may disclose such personal information and personal data to them, if necessary without the knowledge of the persons concerned. This disclosure may take place in the retrieval procedure. 2 It shall report to the specialist federal services incidents concerning security of information that 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. This disclosure
Para. 1 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 2 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 3 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225).
Section 3 Registrars
Art. 17 Registrar contract
1 A registrar may offer registration services only if it: a. can provide evidence that it has concluded a registration contract with ICANN when the rules which apply at international level so require for the domain concerned; and if it b. has concluded with the Registry a contract relating to the registration of domain names (registrar contract). 2 The Registry must conclude a registrar contract when the applicant meets the following conditions: a. it undertakes to comply with Swiss law, in particular this Ordinance and its implementing provisions as well as its registrar contract; b. it has a valid correspondence address in Switzerland; c. it masters the hardware and software as well as the technical rules making it possible to carry out registrations and other administrative operations with the Registry; d. it has put in place a procedure for verifying the identification data provided by applicants for domain names; e. it has the human and technical resources necessary to ensure the
Para. 2 let. f — Amended by Annex 2 No II 89 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 2 let. f — SR 235.1
Art. 18 Information of the public
1 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. 2 It shall supply registrar contracts to third parties which request them. The clauses and annexes containing confidential commercial information are not published.
Art. 19 Right of access to the registration system
1 Registrars which have concluded a contract may access the Registry’s registration system and 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. 2 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.
Art. 20 Obligations of registrars
1 Registrars must propose an offering consisting exclusively of the allocation of a domain name (unbundled offering). 2 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. 3 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 within 3 working days at the latest. 4 Registrars must: a. collaborate with the Registry and 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; b. ensure that holders of the domain names for which they provide administrative management are informed of the cessation of any registrar’s acti
Art. 21 Duties to provide information
1 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. 2 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. 3 They shall immediately forward or arrange for the forwarding of all the information on the Registry to the holders or the applicants. Registrars shall notify their clients of any refusal to allocate domain names three days at the latest after the receiving the information from the Registry. 4 They do not monitor the activities of holders in a general and continuous manner. They are not required to actively investigate facts or circumstances suggesting that illegal activities have been carried out using domain names.
Para. 3 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 4 — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 22 Legal relations
1 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. 2 Subject to Article 40 paragraph 4 TCA, registrars are free to fix the price of their registration services. 3 Registrars shall publish the prices and the general conditions for their services.
Art. 23 Obligation to collaborate
1 Registrars shall work 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. 2 They shall 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. 3 … 4 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.
Para. 3 — Repealed by No I of the O of 15 Sept. 2017, with effect from 1 Nov. 2017 (AS 2017 5225).
Section 4 Allocation
Art. 24 Application for registration
1 When a registrar submits a registration application on behalf of an applicant, the Registry shall initiate a domain name allocation process. 2 It shall process the registration application when the latter: a. has been validly submitted via the Registry’s registration system; b. 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 requested domain name. 3 OFCOM shall determine the information and documents which an applicant must submit to the relevant registrar in order for the Registry to verify their identity, address and legal existence, and compliance with the conditions of allocation of a domain name,
Para. 3 — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 3 let. d — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 3 let. d — SR 431.03
Art. 24a Using personal data for allocating domain names
In order to allocate and manage domain names, the Registry shall have access to personal data from the register of residents, the National Address Service and the Central Register of Insured Persons in order to verify the details provided for the applicants and the holders. The data shall be provided to Registry by means of online access.
Art. 24a — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).
Art. 25 General conditions of allocation
1 A domain name shall be allocated when: a. the required designation, or the corresponding ACE string, consists of 3 to 63 authorised characters; OFCOM shall determine the authorised characters and may provide for exceptions concerning the minimum number of characters when an overriding public interest justifies this; the abbreviations consisting of two characters which designate the cantons and the names of political communes and places that consist of two characters are reserved in accordance with Article 26 paragraph 1 letter b and may be allocated to the public bodies concerned; b. the requested designation is not the subject of a reservation under this Ordinance, unless the reservation was made by the person making the application; c. the particular conditions of allocation for the domain concerned are met. 1bis The Registry shall allocate a domain name and prevent any configuration of the name servers associated with it in the zone file that enables the domain name to be activate
Para. 1 let. a — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1bis — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1ter let. b — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1quater — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 2 let. c — Inserted by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS
Art. 26 Reserved designations
1 The following designations or categories of designations are subject to reservation: a. 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; b. the names of the Swiss cantons, political communes and places in accordance with Article 3 of the Ordinance of 21 May 2008 on Geographical Names, and the abbreviations consisting of two characters which designate the cantons; c. names and abbreviations of the international organisations protected by Swiss legislation; d. designations which must be reserved in the generic top-level domains in accordance with the rules which apply at the international level; e. designations necessary for the activity of the Registry, in particu
Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1 let. b — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 1 let. b — SR 510.625
Art. 27 Allocation process
1 The processing of a registration application by the Registry concludes with the allocation or the refusal of allocation of the requested domain name. 2 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. 3 The Registry shall notify the registrar acting on behalf of the applicant concerned of the refusal to allocate a domain name via the registration system in electronic form or if necessary by other means. It shall directly notify the applicant of the refusal to allocate a domain name that must be allocated by means of a naming mandate under Article 56 using an appropriate means of communication. 4 OFCOM shall make a decision on the refusal to allocate a domain name if, within 40 days of receiving notification of a refusal under paragraph 3, the applicant: a. requests such a decision; and b. provides a valid correspondence addr
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Section 5 Domain Names
Art. 28 Holder’s rights
1 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 governed by public law. 2 It shall manage freely the domain names subordinate to the domain name allocated to it, unless this Ordinance or its implementing provisions provide otherwise. 3 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. 4 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. 5 The right to use a domain name automatically passes: a. to the undertaking originating from a merger which becomes the holder of the domain names allocated to the mer
Para. 5 let. b — SR 221.301
Art. 29 Holder’s obligations
1 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. 2 It is obliged to take part in a dispute resolution procedure initiated by the holder of a right attached to a distinctive sign.
Art. 30 Measures
1 The Registry may, on its own initiative or at the request of the registrar concerned, revoke the allocation of a domain name: a. if the holder does not comply with this Ordinance or its implementing provisions; b. if the general or particular conditions imposed on the allocation of a domain name are no longer being complied with; c. if the holder does not comply with its obligation to keep up to date, supplement or correct all the information relating to it which is necessary for the management of the domain name which it has been allocated; d. if a registrar so requests after terminating its contract with the holder and the latter has not transferred the management of the domain name to a new registrar within 30 days; e. if there are other important reasons, such as technical reasons, standards or international harmonisation measures. 2 The Registry shall revoke the allocation of a domain name: a. if an amendment to this Ordinance or its implementing provisions so requires; b. if th
Art. 30 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 3 let. a — Term in accordance with No I of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 1967). Para. 3 let. h — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 3 let. h — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). Para. 4 let. b — Inserted by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2
Art. 31 Effect of revocation
1 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 domain names. 2 OFCOM takes a decision on the revocation of a domain name if, within the 30 days following the communication of this revocation, the holder: a. requests such a decision; and b. provides a valid correspondence address in Switzerland when it is registered or domiciled abroad. 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.