A law firm commissioned by the Internet Corporation for Assigned Names and Numbers (ICANN) to explore the impact of the General Data Protection Regulation (GDPR) on publicly available WHOIS data has recommended a temporary ‘layered access’ solution be adopted. While this will buy time to engage in further talks with authorities on the future of WHOIS, it notes that such a layered approach is problematic for rights holders seeking to process data to investigate IP infringements. In short, the protection of trademark rights looks set to become more burdensome.

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