From the end of April 2024, all Swiss citizens will be able to use the . “swiss” domain name, as natural persons and not just legal entities are now also entitled to do so. The requirements that must be met in order to apply for the registration of a “.swiss” domain name as a natural person, how registration takes place, what needs to be considered and all other questions relating to registration are answered in the following article.
1. Natural persons now also authorised to register
Since 24 April 2024, natural persons domiciled in Switzerland and persons with Swiss nationality have the right to apply for a “.swiss” domain name in accordance with Art. 55 lit. d Ordinance on Internet Domains (OID, SR 784.104.2). This means that Swiss nationals living abroad and sole proprietorships can now also acquire a “.swiss” domain name.
2. Legal entities are still entitled to register
In addition, Swiss public corporations (Confederation, cantons, municipalities) or organisations under public law, companies entered in the commercial register that have their registered office and a physical administrative headquarters in Switzerland as well as associations and foundations not entered in the commercial register with their registered office in Switzerland remain entitled to the allocation of a domain name.
3. Requirements for registration and the guarantee of “Swissness”
The general requirements for the allocation of a domain name ending in “.swiss” are set out in Art. 53 OID: There must be a sufficient connection to Switzerland and the chosen name must belong to the available categories of names. Furthermore, the domain name must allow an objective reference to the intended use or the applicant.
In addition, requirements regarding the “Swissness” character of the name must be met. For example, canton names, the two-character abbreviations of the cantons, the names of localities and the names of municipalities are generally assigned to the corresponding public bodies. All other geographical names are allocated to the relevant public-law entity or the applicant who has a right or legitimate interest in them. This can play a particularly important role for “swiss-made” products. Commercial activities may not be pursued from abroad via a “.swiss” website.
4. Rights and obligations of the holder
Specific requirements must be met in accordance with Art. 53 para. 1bis OID for natural persons to be able to submit an application. The domain name must be the holder’s own official surname or another surname registered with the civil registry office, the first name, the alliance name, the name acquired in connection with a religious order, the artist’s name under which the holder’s own fame was achieved, or a designation to which a claim exists under trademark law (e.g. a registered trademark).
Generic names such as butchers, hairdressers etc. may not be given to natural persons unless one of the above-mentioned additions is added. This provision will now be found in Art. 56 para. 1 revOID.
According to Art. 28 OID, the rights of the holder of a domain name extend to the use of the domain name within the limits of the OID and, in accordance with the purpose of the OID, to the administration of the domain name as well as the transfer to a third party and the waiver of the same.
According to Art. 29 para. 1 OID, the holder of the domain name is obliged to update and, if incomplete, complete the information concerning him or her that is necessary for the holding of said domain name.
The revision of the OID also contributes to the fight against cybercrime, as the holder is obliged to identify themselves within 10 days in the event of suspected misuse (Art. 15b para. 2 OID).
These obligations apply to all holders, including natural persons.
5. Application, allocation and rejection
The applicant submits the application to an accredited registrar in accordance with Art. 24 para. 1 of the Ordinance on Internet Domains (OID). For its part, the registrar may only offer such services if a registrar contract between the registry operator and the registrar can be presented in accordance with Art. 17 OID.
The requirements are then checked and, if they are met, the domain is allocated within 20 days. However, the application will only be reviewed if the necessary information and documents are available, as described in Art. 24 para. 2 OID. In particular, information on the applicant as well as the correct information for the examination and fulfilment of the requirements must be included. During these 20 days, an additional check is carried out to determine whether there are competing applications. Only if this is not the case will an allocation be made.
Art. 27 OID stipulates that the allocation procedure is concluded with the allocation or refusal of the allocation of a domain name. According to Art. 27 para. 2, the right to use the domain name comes into force with the electronic confirmation to the registrar.
An application may be rejected if it is contrary to public policy, morality or applicable law, if technical reasons prevent authorisation or if the domain name is used for an unlawful purpose (Art. 25 para. 2 OID).
Other reasons for rejection may be that the applicant is not authorised to do so, the UID does not correspond to that of the applicant or, in the case of natural persons, the above-mentioned requirements for naming are not met, both if personal details such as the AHV number or address are missing.
If you do not agree with a decision, you can lodge an objection with OFCOM within 40 days in accordance with Art. 27 para. 4 OID.
If the general and specific requirements for registering a “.swiss” domain name are met, nothing stands in the way of an acquisition.
6. Revocation
An assigned domain name can be revoked by the registry in accordance with Art. 30 OID if the OID is violated, the stated requirements are no longer met or the holder of the domain name does not keep the information he or she is required to update up to date.