What is the Declaration of Good Faith?
The Declaration of Good Faith replaces the previous Certificate of Use of Name, it is a standardised form of it for a more general purpose. With its introduction, the request for naming rights is no longer required.
In the Declaration of Good Faith, the Applicant declares that he/she intends to use the domain in good faith and in accordance with the Domain Registration Rules. The use will not infringe the rights of third parties and will refrain from misleading use. In the declaration, you may indicate the specific activities for which you intend to use the domain name and the specific purposes for which you do not intend to use it.
When should a Declaration of Good Faith be completed?
When you apply for a domain name, your application may be incomplete or appear to be in breach of the Rules. Where the domain name applied for is likely to be misleading (Rule 2.2.2 c/: misleading domain name), the Registry will notify the Registrar that the Registrant must submit a Declaration of Good Faith to the Registrar.
A Declaration of Good Faith must be made in the transfer of a domain if the transferring domain user made such a declaration when applying for the domain and the suspicion of fraud is also present in the case of the new applicant.
Who has to fill it in?
All natural and legal persons whose domain name application is considered by the Registry to be fraudulent, and, in the case of a transfer, the new domain name applicant if the transferring domain name applicant has also made such a declaration previously.
Why can you only sign with a qualified electronic signature?
Claims where the Registrar requests a declaration of good faith require increased attention and scrutiny. This signature type guarantees the identity of the signatory through the certificate.
An electronically signed or stamped document based on a qualified certificate has full evidential value under Hungarian law (eIDAS).
In the case of electronically signed documents, you can be sure that the signature was actually made by the person indicated in the signature and that the signatory actually signed the document by verifying the electronic signature and the signed document. One possible means of verification is the Kormányzati Elektronikus Aláírás-Ellenőrző Szolgáltatás (KEAESZ) operated by NISZ Zrt. During the verification process, the KEAESZ software determines, among other things, beyond doubt whether the signed document and the electronic signature are related, whether the document has been changed since the time of signature, and whether the private key certificate used to create the electronic signature was valid at the time of signature.
What can I do if I don’t have a digital signature yet?
If you don’t have a gateway account, you can apply at any government office. Those with a new type of ID card can also apply for eSzemélyi at a government office.
If we can clearly identify the representative of the legal person from the company information database, the AVDH will also provide the possibility to authenticate the legal person claimant.
How much does a digital signature cost?
There are free and paid services for creating a digital signature. Below is a list of providers in Hungary.
(We cannot guarantee the completeness or accuracy of this list, although we do our best to keep it up to date. You can access the authoritative list by clicking on the link under the heading “About Providers”).
Electronic signature services based on qualified certificates according to the eIDAS Regulation in Hungary:
Free service providers
- eSzemélyi: a permanent ID card issued from 1 January 2016 that has a storage element (chip), can be used with an eSzemélyi client and a card reader.
- AVDH: e-document authentication provided by the Hungarian state. The AVDH platform is a virtual platform for the authentication of electronic documents, provided free of charge by the Hungarian state to all individuals who do not otherwise have their own e-signature. Although the AVDH does not fall under any of the e-signature types listed in the eIDAS Regulation, it allows individuals who are identified as such to authenticate e-documents they have personally created and even submit them to the Hungarian authorities. The technology behind the AVDH is provided by NISZ Zrt., a state-owned qualified trust service provider and also a government certification service provider.
Paid service providers
The database of the National Media and Infocommunications Authority (NMHH), as the authority registering trust service providers, on qualified trust service providers: http://webpub-ext.nmhh.hu/esign2016/
List of qualified trust service providers in the European Union and the Member States of the European Economic Area that comply with the eIDAS Regulation: https://esignature.ec.europa.eu/efda/tl-browser/#/screen/home