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
South Africa’s Greylisting: Regulatory authorities make progress on the Financial Action Task Force recommendations
Introduction It has been over a year since the Financial Action Task Force ("FATF") announced that South Africa had [...]
Is your business struggling? Liquidation or Business Rescue are not the only options: The Section 155 Compromise
and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the [...]
Be careful what you wish for: Lessons from the LAC
On 13 October 2021 the Labour Court ("LC") found the dismissal of the employee to be automatically unfair. This was [...]
An extension of the Parate Executie principle in the liquidation context
Emontic Investments (Pty) Ltd v Bothomley and Others[1] Introduction A Parate Executie clause is generally regarded as an impermissible contractual [...]
Pro Bono Matters
In the past year, our pro bono team and other lawyers from Werksmans worked on a variety of matters across [...]
Business Rescue Trends in 2024 and Beyond
Brandon Starr - Candidate Attorney and Caitlin Steytler - Candidate Attorney With looming elections now scheduled for 29 May 2024, [...]