After months of preparation and dire warnings of its impact, the European Union's General Data Protection Regulation (GDPR) became enforceable last Friday. On that same day, ICANN’s Temporary Specification for gTLD Registration Data became effective. However, as trademark professionals come to grips with what this all means for online policing, fears have been raised about future engagement with UDRP proceedings on the part of registries and registrars.

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RE: Trademark policing in a GDPR world: the current state of play with WHOIS

The state of play with GDPR means that a whole host of issues will need to be clarified through WP29 / Regulators and indeed the courts. Failure to comply with the previous legislation of 1998 in data privacy has created a highly toxic legacy. Many of the aspects of GDPR are backward looking, as they set out in critical detail what businesses and organisations should have been doing this past 29 years. It is a sign of the unintended consequences of this new regulation that even ICANN is mired in difficulties.

Ian Sinclair-Ford, on 31 May 2018 @ 15:57

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