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.
Art. 32 Procedure and conditions for delegation
1 If the function of the Registry is to be delegated on the basis of a tendering or invitation procedure (Art. 28a para. 2 TCA), OFCOM shall evaluate and weight the offers according to the following criteria in particular: a. price, suitability and quality of the services; b. the qualifications and characteristics demanded of the delegates; c. public security and combating cybercrime; d. the protection of critical infrastructures; e. participation of the community concerned in the management of the delegated resources. 2 The candidates must not be permitted to see the documents submitted by their competitors nor to comment on their bids or other documents submitted. 3 OFCOM decisions must not disclose the business secrets of candidates that have participated in the selection procedure.
Art. 32 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 33 Form of delegation
The delegation to third parties of the Registry function of a domain managed by the Confederation or of particular tasks related to this function shall take the form of a contract under administrative law (delegation contract).
Art. 34 Term of the delegation
1 The delegation contract is drawn up for a specific term. Its term is fixed according to the nature and importance of the delegated tasks. 2 It may be extended or renewed.
Art. 35 Essential activities or services
The delegate requires OFCOM’s consent in order to delegate to third parties activities or services constituting an essential element of the function.
Art. 36 Separation of interest
1 The delegate nay not at the same time exercise the function of registrar for the domain which it manages. 2 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 of public communication or the obligation to guarantee the autonomy of the personnel employed.
Art. 37 Delegation of tasks
1 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. 2 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. 3 The Registry must prove that it has adequate insurance to cover the risks related to its activities of domain name management and allocation.
Art. 38 Price
1 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. 2 When the delegation of tasks was the result of a tendering or invitation procedure under Article 32, the following rules apply: a. the price shall correspond to the offer; b. the offer price may be adapted during the term of delegation if the delegated tasks change; the difference in price is calculated based on the changes in costs arising from the change in tasks; the delegate submits an offer to OFCOM and provides proof of the change in costs; in order to examine the offer, OFCOM may use comparison values and may ask to be provided with any useful documents. 3 When the delegation of tasks takes place directly, the price covers the relevant costs of the Registry related to the catalogue of services agreed with OFCOM and additionally makes it possible to make an appropriate profit.
Para. 2 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).
Art. 39 Obligation to inform
1 Delegates are obliged to provide OFCOM with all the information and documents necessary for the execution of this Ordinance and its implementing provisions. 2 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 9 March 2007 on Telecommunications Services apply by analogy.
Para. 2 — SR 784.101.1
Art. 40 Surveillance
1 OFCOM shall ensure that delegates comply with this Ordinance and its implementing provisions, and with their delegation contract. 2 Normally 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. 3 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. 4 If the audit establishes that the delegate is not fulfilling its obligations, the delegate bears the costs thereof.
Art. 41 Surveillance measures
1 If a delegate does not fulfil its obligations, OFCOM may: a. require it to remedy the shortcoming or to take appropriate measures to prevent any repetition; the delegate must inform OFCOM of the measures taken; b. require it to transfer the unlawfully acquired revenue to the Confederation; c. add conditions to the delegation contract; d. restrict or terminate the delegation contract with immediate effect or within a specific period. 2 OFCOM may order provisional measures.
Art. 42 Modification of the delegation contract
1 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 modification is necessary to preserve overriding public interests. 2 The delegate shall receive appropriate compensation if 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 loss of profits.
Art. 43 End of the delegated activity
1 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. 2 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 compensation for loss of profits. It takes into account the amount received by the delegate under paragraph 5 letter b for the assistance provided. 3 OFCOM shall take over the delegated function or task or entrust it directly to a new delegate. 4 Holders retain their rights vis-à-vis the new Registry to the domain names which have been allocated to them. 5 The delegate is obliged to collaborate and to provide the new Registry with all the technical and organisational assistance necessa
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).