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
The nexus: Disinformation, Misinformation, and Privacy in the Age of Gen AI
The risks associated with disinformation and misinformation have reached heights never seen before in the era of Generation AI (Gen [...]
Regulations Regarding the Control of the Import or Export of Waste
and Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 2 October 2023, the [...]
Bulk interception and surveillance and the might of the State
"It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero [...]
Managing Tax Risks Through Tax Indemnity Insurance
Taxpayers have multiple tax risk management options at their disposal when entering into complex transactions with each option having its [...]
Prudential Authority Issues Guidance on Climate-Related Governance/Risk Practices and Disclosures for Insurers
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 10 May 2024, the [...]
Prudential Authority Issues Guidance on Climate-Related Governance/Risk Practices and Disclosures for Banks
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 10 May 2024, the [...]