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
National Health Insurance: a future for medical schemes? Possibly.
Millions of South Africans derive a certain peace of mind that their healthcare needs will be covered by the provision [...]
From Locked-In to Knocked Out: Vodacom’s million-rand fine by consumer watchdog and what it means for individuals and businesses
and Danelle Plaatjies, Candidate Attorney The National Consumer Tribunal recently issued Vodacom with a R1 million fine for contraventions of [...]
South Africa: Recognition and Protection of Karoo Lamb as a Geographical Indication
South African Geographical Indication's ("GI") include Rooibos (Western Cape), Honeybush (Eastern Cape and Western Cape), and several wine GIs including [...]
National Treasury sees the light regarding foreign employers
The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees' tax (Pay-As-You-Earn) [...]
Delegation of authority in the context of corporate governance
Delegation of authority is an important element of effective corporate governance for companies. It involves the process of the board [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or [...]