“You can build the tallest building on the block, but if you do not own the land it stands on, someone else decides when the lights go out.”
It is a simple idea, but one that does not always translate into how businesses manage their digital assets.
Consider what would happen if, without warning, your company’s website became inaccessible.
Not because of a cyberattack or technical fault, but because you no longer had control over it.
The address still exists, but you cannot access it, update it, or even use your email.
For many businesses, that would bring operations to a halt.
Domain names are often treated as a technical detail, something handled during the early stages of building a website and then largely forgotten.
In reality, they sit at the centre of a business’s digital presence.
They support websites, email systems, and, increasingly, customer engagement and revenue.
Despite this, it is not uncommon for businesses to discover that the domain they rely on is not registered in their name.
The issue usually starts in a practical way.
A business appoints a developer or agency to get a website up and running. As part of that process, the domain is registered.
It is quick, efficient, and often done under the service provider’s account. The business launches and grows, and the registration details are rarely revisited.
Over time, however, circumstances change.
The original developer moves on, the agency relationship ends, or contact details become outdated.
Renewal notices may go unnoticed, or access to the account becomes unclear.
It is often only at this point that the question is asked: who actually owns the domain?
This is not a purely theoretical concern.
In 2018, users trying to access the website of the African National Congress encountered a notice that the site had been suspended.
The domain itself had been registered by a service provider rather than the organisation.
When a dispute arose, access to the site was cut off.
The matter proceeded through a formal dispute process, but the outcome did not favour the ANC.
A key issue was the absence of evidence showing that the domain had been registered on its behalf.
The result was that the organisation lost control of a domain it had used for many years.
There was no hacking or external interference, only a misalignment between use and legal ownership.
The consequences of losing control of a domain can be immediate.
Email systems depend on it, and without it, communication with clients and suppliers can stop overnight.
There is also a reputational risk.
A domain can be redirected or repurposed, and customers may find themselves on a site that has nothing to do with your business.
In some cases, it may even expose them to fraudulent activity.
It is important to recognise that this issue does not usually arise from bad faith.
Most agencies act in good faith when registering domains on behalf of clients.
The difficulty lies in what happens over time.
When a third party holds the registration, your business becomes dependent on that party’s systems and continued cooperation.
As relationships change, that dependency can become a point of vulnerability.
What makes domain ownership particularly challenging is how easy it is to overlook.
A business can operate for years without realising that its domain is not registered in its own name.
Everything appears to function as it should until a problem arises.
By that stage, the situation is often urgent and more difficult to resolve.
As South Africa’s digital economy continues to expand, the importance of properly securing digital assets becomes more pronounced.
A domain name may seem like a small detail, but it is foundational to how a business operates and is perceived.
The question is a simple one: who is listed as the registrant of your domain?
If it is not your business, then the risk is already present.
*The author of this article is Ginen Moodley from Moodley Attorneys. The views expressed by Ginen Moodley are not necessarily those of The Bulrushes
