Having a company website / online store in this day and age is becoming pivotal to the success of any organisation and securing your domain name is the first step. However, once your e-commerce business starts to flourish, competitors and online criminals might be looking to take advantage of your success.

Reasons to secure your domain name:

”Cybersquatting” – the practice of registering, especially well-known company or brand names, as domain names, in the hope of reselling them at a profit. In 2015 Ye Li registered rolls-roycemotorcars.co.za, whereafter she offered to transfer the domain name to its rightful owner against payment of US $ 5 000.

“Typosquatting” – also known as URL hijacking, is a form of cybersquatting that targets internet users who incorrectly type a website address into their web browser. In the infamous Tvvitter attack, a look-alike fake website “Tvvitter” was created in order to steal users’ login credentials.

“Drop-catching” – can be described as the automated registration of a domain name that has lapsed due to non-payment of the renewal fee. In August this year a fraud alert was published after cipro.co.za, belonging to the predecessor of the Companies and Intellectual Property Commission (CIPC) was scooped up by a Mexican man, Miguel Antonio Gomez, after its registration lapsed. He used the domain to redirect browsers to a Czech website providing hacking services. By getting his hands on the domain name, he could also potentially distribute legitimate-looking phishing emails which could be crafted to steal sensitive information.

Conclusion

Securing your domain name is vital to protect your brand. Unfortunately, many people do not think about protecting their domain name until it is too late. Disputes have arisen more and more frequently over the past few years with domain names becoming an invaluable commodity. Fortunately, South Africa has an established, cost efficient and expeditious dispute resolution procedure for domain name conflicts. The procedure entitles any party to lodge a complaint against a co.za domain if it “takes unfair advantage of the rights” of that party or “is contrary to law or likely to give offence to any class of persons”.

SwiftTechLaw specialises in technology law and will gladly assist you with any matters relating to domain name registrations and disputes. Contact us here.

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1. Domains 

Secured your domain name? Thinking – wow that was easy. Think again. Having a company website / online store in this day and age is becoming vital to the success of any organisation and securing your domain name is the first step. However, once your e-commerce business starts to flourish, competitors and online criminals might be looking to take advantage of your success. It is important to obtain legal advice from a specialist in technology law to ensure that your website domain name is protected. Click here to read more about the importance of domain names.

2. Trademarks 

What’s in a name? whether you’re a start-up about to commercialise or an established company in the market – now is the time to consider if features that define your business are capable of trademark protection. A distinctive name goes a long way in doing so.

3. Web Developing 

Imagine spending thousands on your website, only for your web developer to hold it hostage. Therefore, web development contracts are a must! The contract must clearly state that upon final payment for services rendered you will have 100% ownership of all assets which may include web design, images, code and content. Make sure you can access your website times, analytical data and backups at all times.

4. Content & Copyright 

It is important to make sure that you are not including content on your website that you are not entitled to use, may be illegal, defamatory or otherwise infringe on the rights of third parties.

5. Data Privacy and Security

Cookie banners, Privacy Policies, Terms of Service/Sale, Terms of Use, Information Privacy Manual – do these terms ring a bell? With the new Information Privacy Laws (the European Union’s General Data Protection Regulation (GDPR) and South Africa’s Protection of Personal Information Act (POPIA) it is vital to ensure that your website complies therewith. Prevention is better than cure – as these laws carry fines of up to 20 Million Euros / 10 Million Rand or even imprisonment!

SwiftTechLaw is able to conduct a business website audit for you to ascertain the extent to which your website complies with applicable law. To book your audit or for any related enquiries, you can contact us here.

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