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
Does the Public Procurement Act provide for an effective dispute resolution mechanism?
by Sarah Moerane, Director and Koketso Rapoo, Senior Associate The National Treasury published the draft General Public Procurement Regulations and [...]
The shift in the evaluation criteria in South African public procurement
By Sarah Moerane, Director and Amogelang Magano, Senior Associate South Africa is in the midst of what could prove to [...]
Mind the Conduct: A Guide to COFI – Part 5: Governance and Accountability
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
Misuse of the business rescue process – failure before it begins
by Dr. Eric Levenstein, Director and Head of Insolvency & Business Rescue and Amy Mackechnie, Senior Associate Business rescue was introduced [...]
Constitutional Court clarifies rights of innocent contractors under invalid state contracts
by Sarah Moerane, Director and Kuhle Joja, Associate In Minister of Defence and Military Veterans v Zeal Health Innovations (Pty) [...]
Untangling the mischief of section 43 of the Electronic Communications Act: A missed opportunity in the Amendment Bill
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Koketso Rapoo, Senior Associate On 12 March 2026, [...]
