.fr domain name: what are the rules to follow?

On the occasion of the SEO Camp’us 2023, Afnic, the French association for internet naming in cooperation, came to provide advice on the registration of .fr domain names. It is this association which checks, most often on referral, the validity of these domain names. Its mission is simple: “Contribute to a safe and stable internet, open to innovation, where the French internet community plays a leading role. » For Élodie Beillard and Mickaël Vigreux, both members of theAfnic, “it is interesting to share good and less good practices in terms of domain names”that is to say what to do, but above all what not to do!

Best practices for choosing your domain name

To choose your domain name, what are the good thoughts to have upstream? The first thing to ask is name availability. “Check-in is on a 1st come, 1st served basis”, recalls Afnic. It is therefore essential to check whether the chosen domain name is free. For this, it is possible to consult the file Whois from Afnic. This is a directory that lists all the domain names managed by the association, in .fr, .re (Reunion), .yt (Mayotte), .pm (Saint-Pierre-et-Miquelon), .wf (Wallis-and-Futuna) and .tf (French Southern and Antarctic Lands).

It should then be asked whether or not the chosen domain name infringes intellectual property or personality rights. This attack can concern people, companies, institutions. For example, it will be difficult, if not impossible, to register domain names such as “bonjour.gouv.fr”, “macron2027.fr”, “bordeaux.fr” or “lenomdemonconcurrent.fr”.

When a domain name is available, anyone can register it. But by using the names of known services, of a competitor, of a public figure, you expose yourself to the initiation of control or legal proceedings.

Last point, you will have to check that a brand is not already registered, even if it has not registered a domain name. Because if she decides to set up a website, she will be able to assert her right to “her” name, which is intended to become the domain name. To ensure that this is not the case, it is therefore advisable to inquire with theINPI.

How to register your domain name

The registration of a .fr domain name is not done with Afnic, but with the registrars. There are about 400 of them. “We recommend selecting a few, and comparing their services and prices”recommends Élodie Beillard.

How to identify the holder

It is then necessary to identify the holder. To do this, Afnic advises you to answer these few questions:

• Who should have rights to the domain name?
• Who can decide to sell it?
• Who will be able to decide on the associated content on the website?
• Who will be responsible in case of disputes?

By answering these questions, you will be able to know who will own the domain name. “The domain name is an intangible asset of the company”makes a point of specifying Mickaël Vigreux.

The Importance of Whois

As mentioned earlier, Whois is a directory set up by Afnic that lets you know if a domain name is available or not. But this is not its primary vocation. “Whois aims to provide accurate administrative information about the domain name holder and the various contacts associated with it, as well as technical information relating to the domain name itself”, can we read on the Afnic website. It should be filled in carefully. “The Afnic Whois is the only valid database, it is very important to note that. You have to enter the right data in the Whois, that’s the basis »insists Mickaël Vigreux.

Mandatory rules for registering in .fr

To be eligible for registration of a .fr domain name, certain rules must be observed. If the holder is a natural person, he must:

• Be reachable by email and phone,
• Reside on the territory of a country of the European Union.

If the holder is a legal entity:

• Be reachable by email and phone,
• Reside on the territory of a country of the European Union,
• Be active in the commercial register.

Good practices once the domain name has been chosen

Now that you have chosen your domain name, what are the best practices to put in place? Here is Afnic’s advice:

• Quickly approach your registrar: to register your domain name, as well as some variants so as not to be preceded.
• Check the information related to the different contacts in the Whois: in particular that the holder indicated is not a service provider.
• Provide their registrar with up-to-date contact details: failure to comply with this criterion may lead to the deletion of domain names from the holder portfolio.
• Renew the domain name before expiration: by approaching the registry office before the anniversary date. There is a redemption period of 30 days before the domain name falls back into the public domain, but the registrar can refuse the renewal a posteriori, so it must be anticipated.

It is also possible to file the domain name as a trademark with the INPI.

What are the risks in the event of non-compliance with good practices?

If you do not follow the best practices below to the letter, you may expose yourself to checks and even prosecution. Here are the risks involved:

• The opening of a verification procedure: it most often results from the unreachability or ineligibility of the holder. It consists of three phases, impacting the holder’s entire portfolio, with a freezing phase for 7 days, a blocking phase for 30 days and a deletion phase. Upon receipt of the supporting documents, the procedure is closed.
• Be contacted by a rights holder or a lawyer: an amicable procedure can then be set up between the two parties.
• To be contacted as part of a mediation: possible measure from July 3, which makes it possible to unblock a communication impasse. “Both parties are free to find an arrangement”specifies Élodie Beillard, Afnic contenting itself with bringing them together.
• The opening of an extrajudicial PARL procedure: it may be initiated if the rightful claimant demonstrates an interest in acting, in particular if the domain name is likely to infringe public order, good morals, rights guaranteed by law or the constitution, intellectual property or personality rights, or if the domain name is identical or related to those of the French Republic, a local authority or a group of authorities.
• The application of a court decision: these measures will impact the state of the domain name, by freezing, blocking or deletion, or involve the forced transmission of the domain name. “Afnic must comply with it and must maintain the new state for as long as the judge requires. »