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ARTICLE · 02 JULY 2019

'WhoIs' The Infringer? Tracking Down A Domain Registrant In A Post-GDPR World.

Just over one year since the implementation of the General Data Protection Regulation 2016/679 (GDPR), and the scrutiny by supervisory authorities across Europe is in full swing as they shape

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Just over one year since the implementation of the General Data Protection Regulation 2016/679 (GDPR), and the scrutiny by supervisory authorities across Europe is in full swing as they shape their powers with investigations and penalties to meet national appetite towards data protection compliance. While the GDPR continues to fulfil its intentions of protecting the privacy of individuals, a lesser-known impact has been on brand owners who face additional hurdles in tackling website and domain name infringements.

Identifying the registrant is an inevitable starting point in any online enforcement action. Quite often, this leads to new strands of enquiry, unearthing other activities of the registrant that may support a brand owner’s claim of infringement, including discovering other domain names or websites that could cause concern. More importantly, stern letters with a threat of proceedings can be directly addressed to registrants and this remains the most cost

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