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
When the walls fall in
Ring-a-round the rosie, A pocket full of posies, Ashes! Ashes! We all fall down The Information Regulator has officially made [...]
Shell judgment underscores need for clarity in public consultation
by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge [...]
The meaning of ‘company’ and its implications for section 75 of the Companies Act
by Cari Cole-Morgan, Director, Julian van Niekerk, Director and Kiera Bracher, Candidate Attorney The meaning of 'company' It now appears [...]
Loadshedding – what should employers know?
by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption [...]
Private Public Partnerships and the inescapable ties of Section 217
by Sarah Moerane, Director and, Koketso Rapoo, Candidate Attorney "contracts for goods and services" - A phrase that, on the [...]
The Eastern Cape High Court Judgment that created seismic waves
by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and [...]
