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
Re-inventing the wheel or balancing the scales?
Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the [...]
The myth of consent: Big tech meets (big) data protection
Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more [...]
Working from home, the double-edged sword for sustainability
The advent of the global COVID-19 pandemic and the lockdowns implemented by various governments across the world to curb the [...]
62 years on – Exchange control regulations alive and well: a look at a recent supreme court of appeal case
by Deon Griessel, Director and Ngwalemorwa Matsapola, Candidate Attorney Much like certain former Soviet Republics, the People's Republic of China, [...]
The FAFT, trusts and transparency in South Africa
Over the past 10 years, there has been large-scale domestic and international financial fraud in South Africa. Sometimes, trusts and [...]
Budget Speech 2023/2024: Tax Overview
Budget Speech: Tax Overview By: The Werksmans Tax & Exchange Control Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana [...]
