The Freename Forum

In the wake of the 2018 data protection reform, as a result of which access to the domain holder data stored in the WHOIS directory is no longer generally available, ICANN is offering those affected by domains and their content another way to access the necessary information: the Registration Data Request Service (RDRS). A four-page .pdf document from eco eV shows the best way to start a request via the RDRS.

The ICANN RDRS is a free ticket system that processes all requests for non-public gTLD registration data. The RDRS is currently in the middle of a two-year test phase. Launched in November 2023, the test phase is scheduled to end in 2025. In May 2024, the RDRS covered 57 per cent of all gTLDs; country endings are not included. The RDRS connects the enquirer with the ICANN-accredited registrar responsible for a domain under a generic extension, provided the latter participates in this service. All communication and data transfer between the enquirer and the domain registrar responsible for a domain takes place outside the RDRS system. ICANN therefore does not store the non-public WHOIS data centrally, but merely enables the sending and receiving of requests for a domain with a generic top level domain via a single platform via the RDRS. The service does not guarantee that the requested registration data will actually be received. Ultimately, it is up to the registrar to decide whether to fulfil or reject the request in accordance with the applicable data protection laws. However, data protection issues are not the only reason for a request to fail.

In order to pave the way for those affected with participating registrars, eco Association of the German Internet Industry reminds them of an information sheet that has been available since May of this year. The best practice sheet "Using the RDRS Effectively - Tips for Requestors" provides information in a four-page .pdf document on how affected parties can submit a successful request. At the beginning, eco points out that the main reason why a request via the RDRS is rejected is that it is incomplete. Data subjects must explain why they need the domain holder's data. This must be backed up with meaningful evidence and correct and coherent information, including full details of their identity. An important element for registrars is balancing the protection of their customers' data against the rights of the data subject. Here, the data subject must convincingly justify why their legal position outweighs the data protection rights of the domain holder. You should respond quickly to any queries from the registrar. In addition, you should have done your homework and researched the domain holder so as not to request information for data that is lying around openly on the Internet. Furthermore, eco also states some - basically - self-evident points that those affected should take into account, but which are all too easily overlooked in the heat of the moment.

The four-page documentation, which only contains three pages of information, with the last page basically just a summary of the previous two, doesn't look like much. However, anyone who takes it to heart and proceeds accordingly if they believe they have suffered damage from a trade mark infringement or other legal infringement resulting from a domain and its website will not be able to avoid this vade mecum. Reading the paper "Using the RDRS Effectively - Tips for Requestors" is highly recommended.

The paper "Using the RDRS Effectively - Tips for Requestors" can be found at:
https://www.eco.de/download/243557/