Direct answer · GDPR
Web scraping for generative AI
On 7 July 2026 the EDPB adopted Guidelines 03/2026 on web scraping in the context of generative AI for public consultation (comments until 30 October 2026); they are therefore not yet final. They cover the allocation of roles (controller or processor), purpose limitation, transparency with the exception for disproportionate effort (Article 14(5)(b)), data minimisation, accuracy, and legitimate interest as a legal basis with the balancing test and mitigating measures.
For you to establish
- Are special categories of personal data scraped as well (Article 9)?
Articles
- Art. 6(1)(f) GDPR Legitimate interest as a possible legal basis.
- Art. 14(5)(b) GDPR Exception to the information obligation for disproportionate effort.
- Art. 5(1)(b) and (c) GDPR Purpose limitation and data minimisation.
Guidelines and decisions
- Guidelines 03/2026 on web scraping in the context of generative AI (European Data Protection Board (EDPB), Guidelines 03/2026, versie 1.0, 2026-07-07)Consultation version 1.0 of 7 July 2026, comments until 30 October 2026.
Read the article Check your own case General interpretation, not legal advice. The official source remains authoritative.
