ICANN Registrars and eIDAS Compliance: The Role of Registered Email in Domain Expiration Notices

On July 23, 2014, the European Parliament adopted the Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions, better known as eIDAS. This regulation sets the legal framework for all EU member states regarding electronic identification and trust services. Among its key points, eIDAS clarifies the requirements that electronic registered delivery services must comply with when transmitting electronic notifications.

On August 31, 2013, ICANN approved the Expired Registration Recovery Policy (ERRP), which all domain name registrars must comply with. This policy defines how far in advance and how often registrars must notify domain name holders about the expiration of their domains.

Back in the 1990s, domain expiration notices were even sent by regular post mail. Today, almost all registrars rely on email notifications.

But here’s the real question: how strong would a registrar’s position be if required to prove that expiration notices were actually sent and delivered? If a domain holder sued claiming they never received the notice, could the registrar provide indisputable evidence?

Why registered email matters for ICANN registrars

• Compliance with EU Regulation 910/2014 (eIDAS): Notices must be sent via an electronic registered delivery service that ensures integrity, authenticity, and proof of delivery.
• Risk management: Without reliable evidence, registrars expose themselves to liability if a customer claims non-receipt.
• Business protection: A single expired domain can disrupt websites, email services, and brand reputation, creating serious business risks.
• Suggested Good Practice: ICANN could encourage registrars to adopt registered email for expiration notices, raising industry standards in line with eIDAS.

Some registrars even offer renewal plans of up to 100 years — perhaps because they know the risk of negligence claims and the critical role domains play in modern business.

Frequently Asked Questions (FAQ)

What does Regulation (EU) 910/2014 (eIDAS) require?

It sets standards for electronic registered delivery services, ensuring transmitted information is authentic, unaltered, and provably delivered.

Why should ICANN registrars use registered email?

Because it provides legal evidence of sending and delivery, protecting them if a domain holder disputes a missed notification.

What risks do registrars face without strong proof?

They could be held responsible for negligence if a domain expires and the holder claims they were not notified.

Can registered email integrate with registrar systems?

Yes. Services like eEvidence offer APIs that registrars can integrate with their domain management platforms for seamless compliance.

Conclusion

Domain names are among the most valuable digital assets for businesses. An unexpected expiration due to a missed email notice can cause severe financial and reputational damage.

For ICANN registrars, using registered email is not only a way to align with EU eIDAS regulation, but also the safest strategy to provide customers with indisputable proof of notification — protecting both the registrar and the domain holder.