New Draft Regulation from ICTA on the Sale of Domain Names

The Information and Communication Technologies Authority (“ICTA”) has published for public opinion, the Draft Regulation Amending the Regulation on Internet Domain Names (“Draft Regulation”), with its Decision dated 13 September 2025 and numbered 2025/DK-BTD/300. The Draft Regulation introduces significant innovations regarding the allocation, transfer and sale of internet domain names, aiming to restructure this field, subtantially.

Pursuant to the Draft Regulation, a Domain Name Sales Platform (“ASAP”) will be established. This platform will enable the sale and allocation of domain names and ensure that all related processes are conducted under the supervision of ICTA. Once the platform becomes operational, domain name sales will be conducted exclusively through the ASAP, and the procedures and principles regarding sales and allocation rights will be determined by ICTA.

The Draft Regulation also introduces the concept of “Allocation Right” into the legislation. Accordingly, unassigned domain names approved by ICTA may be announced via the ASAP, and applicants will be able to obtain the right to register these domain names through an accredited Registrar (“KK”).

Provisions regarding the sale and transfer of domain names have been revised. Accordingly, sales and allocation right transactions will only be conducted via the ASAP, while transfers of domain names will continue to be carried out through the relevant registrar. It is explicitly stated that the duration of a domain name registration will not change following a transfer. In addition, in cases such as the death or presumed death of a natural person, the domain name may be transferred to legal heirs.

The Draft Regulation also introduces a new provision concerning the transfer of activity certificates between registrars. Under this provision, such transfers will be subject to ICTA’s approval, and all rights and obligations of the transferring registrar will pass to the acquiring registrar.

The amendments further provide that the fees related to allocation rights and the payments to be made to ICTA as a result of sales conducted via the ASAP will be recorded as income for ICTA, and that fees related to the use of the ASAP will not be refundable.

According to the new article titled “Abuse of the Domain Name System (“DNS”)” introduced by the Draft Regulation, the misuse of domain names or DNS infrastructure has been clearly defined. Activities such as obtaining user data through fake websites, spreading malware, using DNS capabilities for botnet command-and-control infrastructures, redirecting traffic without consent, or spreading malicious content via spam emails are considered as misuse. ICTA is authorized to take the necessary measures to prevent such actions, including the cancellation of domain names.

Under the Draft Regulation, domain name sales will not be possible until the ASAP becomes operational, although transfers under certain conditions will be allowed. ICTA will announce the activation of the ASAP on its website once the necessary processes are completed.

Provision regarding the execution of allocation and sale transactions through the ASAP will enter into force on the date the ASAP becomes operational, while all other provisions will enter into force on the date of publication.

The Draft Regulation introduces significant measures to strengthen cybersecurity and prevent the abuse of the DNS system.