Legal updates and opinions
News / News
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors
On 25 May 2018 the EU’s General Data Protection Regulation (GDPR) came into effect which is applicable to anyone selling goods or providing services to those within the EU. Non-compliance with the GDPR could result in a fine of up to 4% of the company’s global revenues.
The implementation of the GDPR also affects domain names. Access to registrant particulars (on whois registries) have always been disclosed but now whois information is limited to registrar, dates of registration and name server information.
The concern is that the GDPR may have the accidental effect of protecting cyber squatters as tracing the registrant of an unauthorised domain name becomes more onerous, requiring assistance from domain name registries as opposed to finding the information previously available online. Domain name registration at the outset may prove to be the simplest defence. Trade mark registration also means that trade mark owners have priority when new top level domains are launched.
Trade mark owners should therefore ensure that their intellectual property strategy extends to the registration of the trade marks, company names and brands as domain names in relation to all top-level domain names of relevance.
Latest News
WERKSMANS SUPPORTS START-UPS AND SMALL BUSINESSES
Beyond the need to merely operate as a top-ranked highly successful corporate and commercial law firm, Werksmans strives to make [...]
CARRYING WEAPONS DURING STRIKE ACTION: POTENTIAL GROUND FOR DISMISSAL
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether an employer is [...]
WHERE A FAILURE TO CONDUCT JOB GRADING DEPRIVES AN EMPLOYEE OF BENEFITS IT MAY AMOUNT TO AN UNFAIR LABOUR PRACTICE
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the failure to [...]
NEW CORRECTED MINIMUM WAGE RATES FOR WHOLESALE AND RETAIL SECTOR
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 14 October 2019 the [...]
STRIKE OUT ON THE BALLOT
By Sandile July, Director; Lisa Appelgryn, Associate; and Luyanda Mthimkhulu, Associate Section 23(2) of the Constitution of the Republic of [...]
HANDS OFF MY RETIREMENT BENEFIT! NOT SO QUICKLY…
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Providing an employee with retirement benefits, either in the form [...]
