Registry and Registrar Licensing Regulations

Draft Regulations

The .ZA Domain Name Authority (ZADNA) has published the draft .za registry and registrar licensing regulations, which will enable ZADNA to license registries and registrars upon their promulgation.  In accordance with the Electronic Communications and Transactions Act (ECT ACT) 25 of 2002, Sections 68 and 94 of the ECT Act, which authorises the Authority with the approval of the Minister to make regulations The publication of these draft regulations facilitates a fundamental constitutional process of public participation.  ZADNA calls upon all stakeholders and interested parties to provide comments on the published draft regulations, and the deadline for receiving comments is 06 June 2022. All interested parties must submit their written representations to rrlrsubmissions@zadna.org.za marked for the attention of Adv Lerato Seema.

The following documents are available for download

LEGISLATIONS

ECT Act

The Electronic Communications and Transactions Act No. 25 of 2002 ( ECT Act) is the founding legislation of the .ZA Domain Name Authority (ZADNA). Chapter X of the ECT Act sets out the mandate of ZADNA, which is to manage and administer the .za namespace. In doing so, the ECT Act provides for establishing the governing structure and staff of ZADNA, its functions, how the namespace is regulated, and the alternative dispute resolution process critical in dealing with domain name abuse cases.

The critical functions of ZADNA as per the ECT Act include licensing and regulating registries and registrars, publishing the .ZA domain namespace management guidelines, enhancing awareness of the namespace, conducting research on the domain name system, and advising the Minister of the Department of Digital Communication and Digital Technologies, which it directly reports to.

See link to the ECT Act:
Cybercrimes Act

The Cybercrimes Act No 19 of 2020 (Cybercrimes Act) is promulgated to protect individuals and entities against cyber attacks carried out using domain names that ZADNA regulates. Chapter 2 of the Cybercrimes Act provides for acts that constitute cybercrimes. It amends the ECT Act by expanding significantly on what constitutes cybercrimes as provided for under Chapter 2, Part 1 of the Act.

They include the unlawful access and interception of data as well as cyber fraud.

See link to the Cybercrimes Act:
POPI Act

The Protection of Personal Information Act No.4 of 2013 (POPI Act) was promulgated to promote the protection of personal information by public and private bodies. The POPI Act provides for the protection of the rights of persons regarding unsolicited electronic communications. This includes managing personal information handled in the value chain from registrants' information acquired during domain registration, managing the information by registries and registrars, and setting our processes and procedures as outlined in Second-Level Domain Charters overall Regulatory framework out in place by ZADNA.

See link to the POPI Act:
ADR Regulations

The Protection of Personal Information Act No.4 of 2013 (POPI Act) was promulgated to promote the protection of personal information by public and private bodies. The POPI Act provides for the protection of the rights of persons regarding unsolicited electronic communications. This includes managing personal information handled in the value chain from registrants' information acquired during domain registration, managing the information by registries and registrars, and setting our processes and procedures as outlined in Second-Level Domain Charters overall Regulatory framework out in place by ZADNA.

Alternative Dispute Resolution (ADR) Regulations in terms of the Electronic Communications and Transactions Act 25 of 2002 as amended

The ADR Regulations sets out the rules and procedures for dealing with disputes centered around abusive or offensive domain name registrations. The Regulations further set out the mediation process as provisioned by ZADNA and the Arbitration process as provisioned by appointed ADR service providers.

The application of the rules and procedures set out in the ADR Regulations result in a determination and issuance of a decision stating whether a domain name registration is indeed abusive or offensive and conferring rights of the domain name registered to the owner of the brand or IP Right relating to the domain name.

Through the ADR Regulations, the process for the application as an ADR servicer provider is also provided.

See link to the ADR Regulations: