Legal Framework • International & DACH

Legal Guidelines for DNS-Based Domain Sales (RFC 10023)

What domain owners and companies should know when publishing sale offers and asking prices via DNS records. Guidance on legal disclosure requirements, contract law, taxation, and trademark considerations.

Important Notice:

This overview is provided for informational and technical purposes only. It does not constitute legal or tax advice and does not replace consultation with a qualified attorney or tax professional.

1Is a DNS record a legally binding offer to sell?

No. Under civil law in Europe and international jurisprudence, publishing an asking price in a DNS record (such as fval=EUR2500) is not a binding public offer, but an invitation to treat (invitatio ad offerendum).

Practical Implication:

A buyer cannot force a contract simply by declaring acceptance. As the domain owner, you retain full contractual freedom to decide to whom and at what price you agree to sell.

2Do legal imprint and disclosure obligations apply to DNS records?

A DNS TXT record is not an interactive telemedia service requiring a standalone imprint. DNS character length limits also make this technically impossible.

Recommendation for the furi Tag:

Point your furi tag to a secure landing page, company website, or licensed escrow service containing full legal notice and privacy information to minimize unfair competition liability risks.

3VAT, Sales Tax, and Price Disclosure Regulations

When addressing consumers, price indication regulations generally require disclosing final prices including applicable sales tax / VAT.

  • In B2B Transactions: Commercial sales between business entities typically quote net prices.
  • Recommendation for RFC 10023: Use the ftxt freeform tag for clarity, e.g. ftxt=Net excl. VAT / B2B transaction or ftxt=All taxes included.

4Trademark Law and Brand Protection

A public sale record in the DNS explicitly proves commercial intent. If a domain infringes on third-party trademarks or brand names, an inflated asking price can be viewed as evidence of bad faith in UDRP disputes or litigation.

Important: Only use RFC 10023 for domains where you possess legitimate rights and do not infringe on third-party intellectual property.

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