Introduction
Much has been said about the legality of web scraping, and as a complex and often misunderstood topic, it can be difficult to keep up with. Sure, you could do your research, but we’ve already taken care of that for you.
In this concise guide, you’ll find a summary of the key aspects related to web scraping legality, including the main laws in Europe and the US, as well as notable cases, all presented in a beginner-friendly way.
Is Web Scraping Legal? It’s Not a Simple Yes or No
The legality of web scraping falls into a gray area since many factors are involved.
Depending on where you are in the world, web scraping may be more or less permitted to some extent. What is considered legal in one country may be illegal in another.
The type of data you scrape matters as well, as scraping public data may have fewer restrictions than scraping private or personal information.
Similarly, the purpose behind your scraping can impact its legality. Scraping for academic research or personal use is often viewed more favorably than scraping for commercial gain.
The process you follow for scraping is also crucial. How will you conduct your scraping? If you plan to place a significant burden on the website’s server, you could potentially be entering illegal (and unethical) territory.
When Web Scraping Is Generally Permitted
So, if scraping is not inherently illegal, does it mean you have nothing to worry about? No, not necessarily. But fortunately, there are cases in which it is generally acceptable.
1). Scraping public available data: If the data you’re trying to scrape is not behind a login, paywall or otherwise restricted access, it’s usually legal to collect it.
2). Respecting website rules: Adhere to the website’s terms of service and the scraping instructions in its robots.txt file.
3). Doing gentle scraping: Spacing out your requests at a reasonable rate and using throttling (pauses between requests) helps you stay on legal ground.
4). Scraping non-copyrightable data: Check license terms to confirm you’re not scraping information that is protected by copyright law.
While web scraping is legal in many cases, it’s crucial to understand the nuances to avoid potential issues. As a trusted provider of web scraping services, we believe it’s our responsibility to fully inform and ensure our practices are compliant, so our clients can confidently rely on our expertise without any unexpected surprises.
The Legal Landscape of Web Scraping: Key Laws to Understand
Although there is not a single and specific law that restricts web scraping, there is a combination of laws, regulations, and legal principles that govern it.
These privacy laws are key pieces of legislation that you should know to ensure compliance, avoid facing a legal action, and align your practice with ethical considerations.
1. California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) took effect January 1, 2020. It’s considered a landmark privacy act as it gives California residents unprecedented control over their personal data.
But, how does it affect scraping?
Well, if you’re targeting California residents or if you’re operating in California, you have to be very careful on how you obtain and handle personal information:
- Know what constitutes personal information.
- If your scraping involves collecting personal information, you may need to get consent.
- Implement security measures to protect data, like access control, encryption, etc.
- Allow consumers to request the deletion of their data, and respect opt-out requests.
2. General Data Protection Regulation (GDPR)
We must approach web scraping legality in a slightly different manner in the European Union compared to the United States, thanks to the General Data Protection Regulation (GDPR). GDPR is a data privacy law that imposes strict requirements on how the personal data is collected, processed, handled and protected.
Some of its requirements related to web scraping are:
- Obtain explicit consent before collecting personal data.
- Provide clear information about how you will process the data.
- Use personal data only for the purpose you have specified.
- Provide data subjects with rights to access, rectify, erase, and restrict processing.
- Ensure data security through encryption and access controls.
Ok so what do we do with these regulations?
Let’s move on to analyze some legal cases!
Web Scraping in the Courts: Recent Cases and Their Implications
As we mentioned above, there is not a comprehensive law addressing web scraping. Still, it has been a subject of numerous legal disputes, each one with different outcomes.
Compulife Software Inc. v. Newman
The famous case of Compulife Software Inc. vs Newman in 2016 and then in 2020 is important for understanding the legality of web scraping.
Compulife Software sued Newman for scraping data from its website, claiming his actions violated the CFAA because it was prohibited in its terms of service.
The court ruled in favor of Newman as the decision focused on the nature of access, since it stated that he didn’t bypass technical protections and the data was publicly available.
But why is it such an important case? Because it highlights the fact that, even though terms of service can establish limits, they do not determine a criminal violation, particularly if the data is of public access.
Then, in 2020, the decision addressed additional legal claims, where Compulife claimed that Newman’s actions also constituted a breach of contract.
The case was sent back to the lower court to address this claim, suggesting that web scrapers may face liability under contract law.
Bright Data v. Meta Platforms
Bright Data vs. Meta Platforms case could be considered as a recent victory for web scrapers.
Meta Platforms accused Bright Data, a company specialized in web scraping, of violating the site’s terms of service by collecting data from Facebook.
But the judge found that Bright Data’s scraping activities did not constitute “using” Facebook in the way prohibited by the platform’s terms, since the scraping was conducted without logging in.
How can we understand this? Not all scraping activities violate terms of service.
Ethical Web Scraping Solutions by GroupBWT
At GroupBWT, we highly regard the legality, ethics, and compliance of our web scraping practices. We are totally committed to ensuring that all our activities are within the law, with a special emphasis on high ethical standards. We comply in its entirety with the GDPR and are GDPR-compliant by ensuring that all personal data we handle is treated with the highest privacy and security standards.
We provide an approach to web scraping that is based on transparency and respect for the law. When you engage us for web scraping services, we will discuss with you this legal landscape and provide expert advice on how to keep your projects within the bounds. Moreover, we have been continuously evolving our practices to stay ahead of the development of the law and technology, making sure that we are not only in compliance with current regulations but also anticipate future change. With our commitment to the rule of law and ethical considerations, you are able to trust us with the responsibility of doing web scraping on your behalf in good faith and responsibly.
Conclusion
Web scraping is a nuanced, often legally complex activity that varies considerably depending on jurisdiction, type of data to be scraped, and the methods of accomplishing these things. Scraping publicly available data is, to some extent, legal, but it is of paramount importance to observe the terms of service of the sites and ethical practices to evade possible legal traps. The legal landscape of web scraping can be considered to be occupied by numerous laws, including the GDPR in Europe and the CFAA in the United States, that emphasize the ingredients of getting consent, having good data security, and accessing authorized sources.
GroupBWT practices web scraping with a special emphasis on legality and morally acceptable practices. We are always aware of and adhering to the latest regulations, as compliance ensures effectiveness and responsibility. If you have any questions or need expert assistance with the complexities of web scraping, feel free to contact us. We are here to offer expert advice and support in ways that help keep your project in line with the law.
