Commentaries: Art. 12

When the Registry function is delegated, the Registry may be obliged by OFCOM to conclude with an independent nominee a contract under private law which relates to the backing up for the benefit of OFCOM of the system of registration and management of a top-level domain including all the data and information relating to the holders and to the technical characteristics of allocated domain names in particular.
OFCOM may give instructions to the nominee and use or allow the use of the system, the data and the information backed up only in the following circumstances:
1. the Registry is subject to bankruptcy, liquidation or debt-restructuring proceedings;
2. the Registry ceases its activity but does not transmit to the new Registry or OFCOM the data or information necessary to manage the domain;
3. the Registry is no longer able to perform its function or one of its tasks;
4. extraordinary circumstances, such as a natural disaster, so require.