In the event of a no deal Brexit, Government have published the following guidance for those who have existing domain name registrations under .eu or have an interest in registering a domain name under .eu.
This includes individuals, companies or organisations.
What you need to do:
• Undertakings, organisations and individuals to read Article 4(2)(b) of Regulation (EC) No 733/2002 and check if they are still eligible to hold a .eu Top Level Domain. If you do not meet the eligibility after our exit from the EU on 29 March 2019:
• Please read this guidance document
In its notice to stakeholders, the European Commission confirmed that in the event of the UK leaving the EU without a deal, the EU regulatory framework for the .eu Top Level Domain will no longer apply to the United Kingdom and therefore to Gibraltar as from the withdrawal date.
The notice explains that undertakings and organisations that are established in Gibraltar but not in the EU and individuals who reside in Gibraltar, will no longer be eligible to register .eu domain names or, if they are .eu registrants, to renew .eu domain names registered before the withdrawal date.
The full text of the notice is available https://ec.europa.eu/digital-single-market/en/news/notice-stakeholders-withdrawal-united-kingdom-and-eu-rules-eu-domain-names
￼￼￼￼￼￼￼In the scenario that we exit the EU without a deal, you should check whether you continue to meet the eligibility criteria set out in Article 4(2)(b) of Regulation (EC) No 733/2002 to hold a .eu Top Level Domain.
Existing Gibraltar registrants of .EU
If you currently hold a .eu registration and the related purchase agreement expires before 29 March 2019, the date of our exit from the EU, it is suggested that you discuss whether you should consider transferring your registration to another top level domain with your local domain name registrar.
If your current .eu registration is due to expire after 29 March 2019, you may wish to discuss transferring your registration to another top level domain. Examples of other top level domains include .gi, .com, .co.uk, .net or .org.
The Commission’s notice states that where a holder of a domain name no longer fulfils the general eligibility criteria, the Registry for .eu will be entitled to revoke such a domain name on its own initiative. This means that in the event of a no deal Brexit you may not be able to access your .eu website or email.
You may wish to seek advice from your local domain name registrar on whether the terms of your contractual agreement provide for any recourse in the event of revocation of a .eu registration. You may also want to seek legal advice.
If you are a Gibraltar resident, Gibraltar registered company or organisation planning to acquire an internet domain registration under .eu, you may no longer be eligible to acquire and register a .eu domain. If we exit the EU without a deal, you should check whether you remain eligible after exit on 29 March 2019.
Proposal for a new Regulation
In April 2018, the European Commission published a proposal for a new .eu Top Level Domain Regulation. This is currently under negotiation in both the European Council and the European Parliament. This guidance will be updated following the conclusion of these negotiations as appropriate.