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
Sexual harassment: employers beware
ISSUE(S) In what circumstances an employer may be held liable for sexual harassment committed by one of its employees [...]
Employment of foreigners
Recently former Home Affairs Minister, Malusi Gigaba, announced that the Department of Home Affairs will move to punish employers who [...]
Motor industry bargaining council: extension to non-parties
On 7 April 2017, the Minister of Labour gave notice that in terms of the relevant provisions of the Labour [...]
Company directorship-declaring directors delinquent when trading a company in insolvent circumstances
In these turbulent economic times, and particularly with overt pressure on the Rand and with the recent downgrade of South [...]
From number plates to school uniforms: beware of exclusive contracts.
From a commercial perspective, it often makes sense for a company to determine its optimal route to market and to [...]
Yet another dawn raid – but do you know all the facts?
On 16 March 2017, the Competition Commission ("Commission") issued a press release welcoming the outcome of the proceedings in the [...]
