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
A Snapshot of COP28: the good, the bad and the promising
It has been almost two months since the United Nations ("UN") Climate Change Conference of the Parties to the UN [...]
SARS Binding Private Ruling 399: Replacing an asset shortly after its acquisition under an asset-for-share transaction
and Luke Magerman, Candidate Attorney A recent ruling published by SARS deals with the anti-avoidance implications of the disposal of [...]
Privacy: human right or fallacy in the digital world?
"The real question is, when will we draft an artificial intelligence bill of rights? What will that consist of? And [...]
Communities in the centre of the mining revolution: Land issues dog inclusive mining
Marking its 30th anniversary of the Investing in Mining Indaba in Cape Town, which incidentally coincides with South Africa's 30 [...]
Werksmans Technology Media and Telecommunications Africa Quarterly e‑Bulletin
This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue [...]
No time for dark humour in the workplace – Load shedding is no joke!!
and Tasreeq Ferreira - Candidate Attorney Issue Whether an employee's dismissal for posting a WhatsApp message, purporting to be from [...]