Web Scraping

Web scraping is the process of collecting data from across the internet for market research, price comparison, sentiment analysis, lead generation and more. It can provide valuable insights and competitive advantages for businesses that rely on data-driven decision making. It is also becoming a key source of training data for machine learning and generative AI.

However, web scraping can raise legal questions around the ownership, privacy and use of web data. Not all websites welcome web scrapers and some may want to take legal action to prevent it. Scrapers need to be aware of the potential risks and liabilities involved in their scraping projects and take steps to mitigate them.

Operators of scraped websites may want to protect their data assets and interests from unauthorised or malicious use by implementing anti-scraping measures, offering APIs and using legal tools to prevent it.

Web scraping is a complex and dynamic issue which often engaged the laws of multiple jurisdictions. Successfully navigating the legal issues requires lawyers who understand the technology behind web scraping and how it interfaces with rapidly evolving areas of law, such as data protection legislation, text and data mining exceptions.

Across Europe, the Middle East and Asia Pacific Bird & Bird provides commercially focused advice to those engaged in web scraping and those looking to prevent it. We are also experts in disputes relating to web scraping issues.

Ways we can help:

  • Creating an enforcement strategy to prevent web scraping from data rich websites such as social media platforms and marketplaces.
  • Take enforcement action to deter and prevent web scraping.
  • Draft and negotiate data API agreements to allow authorised access to web data.
  • Provide practical advice on scraping open-source materials for the use in AI training.
  • Assess and advise on the IP, privacy and other legal risks associated with business models which use web scraping.
  • Advise on competition law and other legal tools which can be used to require access to certain online data sources.
  • Develop business guidelines and SOPs for web scraping and the use of scraped data.
  • Prepare and implement risk mitigation programs to reduce legal risks.
  • Track and advise on the evolving data privacy legislation, text and data mining rules exception across multiple jurisdictions.

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Web scraping experience

Download our web scraping credentials and team sheet for further details.

View the PDF here

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