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
International arbitration in South Africa – a new chapter
By Des Williams, Director, Head of Arbitration Practice The enactment of the International Arbitration Act 2017 ("International Arbitration Act"), which [...]
BPR 314: An interesting ruling on several levels
By Doelie Lessing, Director and Nicholas Fairbairn, Candidate Attorney On 13 December 2018, the South African Revenue Service issued Binding [...]
Probono@Werks
DIEPSLOOT PRO BONO LAW CLINIC – PROUDLY GROWING FROM STRENGTH TO STRENGTH The Diepsloot Law Clinic opened its doors in [...]
Original Integrated Resource plan should still be SA’s roadmap to solving energy crisis
The original Integrated Resource Plan (IRP) of 2010 should still be our roadmap to solving South Africa’s energy problems. The [...]
ECOWAS REGIONAL COMPETITION AUTHORITY LAUNCHES IN THE GAMBIA
By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services The Commission of the Economic Community of West [...]
Thank you energy minister, now let’s hurry
Former Energy Minister Jeff Radebe has at last told the National Energy Regulator of South Africa (Nersa) to license applications [...]
