No. 124: Legality and Challenges of Web Scraping Databases in the European Union: Focus on Non-Personal Data and Copyright
Abstract
This thesis examines how copyright and sui generis database rights currently protect database owners against the use of their data for web scraping and data mining, while also considering the legitimate interests of data miners and AI model developers. It analyzes the relevant EU legal framework, including the Collective Rights Management Directive, the Database Directive, the DSM Directive, the InfoSoc Directive, and the AI Act. Particular attention is paid to collective management mechanisms and opt-out solutions, assessing how they function in practice. The study evaluates the advantages and limitations of these models from the perspective of rights-holders, data miners and AI model providers, and draws conclusions on how effectively each approach balances these competing interests.