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Record STMT-WEE1F7DSoft law

Guidelines 03/2026 on web scraping in the context of generative AI

Guidelines International lawEuropean Unionadopted

These guidelines by the European Data Protection Board clarify the legal and technical implications of web scraping for the training and development of generative AI models under the GDPR. They address roles such as controllers and processors, and provide guidance on complying with core GDPR principles including lawfulness, purpose limitation, transparency, data minimisation, and accuracy. Additionally, the document examines legitimate interest as a legal basis and discusses requirements for handling special categories of personal data.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

European Data Protection BoardRegulator
Lead issuer
Legal forceSoft law
Under whose authorityInternational law
Judged fromfull text

Who it governs

RegulatorsCompaniesAI developers and providersResearchers and academics

Private entities, AI developers, and legal practitioners should read this to understand how to comply with EU data protection law when web scraping for generative AI training.

Sectors
Cross-sectorTelecommunications and digital services · generative artificial intelligence

What the document contains

What's covered

The document covers the application of the GDPR to web scraping for generative AI training by private entities. It addresses actor classifications, compliance with data processing principles, the use of legitimate interest as a legal basis, and handling special categories of personal data.

What's missing

The document does not address web scraping conducted by non-private entities or data brokers whose primary intention is not to train AI models.

Key takeaways
  • The GDPR applies to web scraping activities by private entities when personal data processing operations are involved.
  • Organizations must assess their roles as controllers, joint controllers, or processors on a case-by-case basis.
  • To satisfy transparency obligations when direct notice is impossible or requires disproportionate effort, controllers must make privacy information publicly available.
  • Data minimisation measures such as pre-collection filtering, syntax-based filtering, and synthetic data replacement should be implemented.
  • Legitimate interest under Article 6(1)(f) GDPR is frequently relied upon but requires fulfilling three cumulative conditions and passing a balancing test.
Principles it states
Lawfulness, fairness and transparencyPurpose limitationData minimisationAccuracyAccountability
Outline
1 Introduction and scope
2 Definition of web scraping
3 Web scraping and the GDPR
3.1 General observations
3.2 Guidance on specific provisions in the GDPR
3.2.1 Controller /joint controllers /processor
3.2.2 Principles relating to processing of personal data
3.2.3 Legal basis for the processing of personal data
3.2.4 Special categories of personal data
Issued7 July 2026
Length10,178 words · 23 pages
FormatNot recorded
Scoperegional

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

It is thus not obvious how to meet the principle of accountability laid down in Article 5(2) GDPR when processing such data sets for AI development . Nonetheless, compliance with regard to Article 5(2) GDPR must be met by the controller

3.1 General observations

screening score · 2026-10-23

Fairness

2/5

Non-discrimination and equitable treatment

individuals who might be subject to abuse, prejudice or even physical harm if information was released publicly

3.2.3 Legal basis for the processing of personal data

screening score · 2026-10-23

Human Dignity

3/5

Respect for the inherent worth of persons

The generation of deep-fakes (pictures, videos, speech) also adds to the possible impact on data subjects’ interests, rights and freedoms, as well as possibly on the right to dignity of the person concerned.

3.2.3 Legal basis for the processing of personal data

screening score · 2026-10-23

Human Oversight

1/5

Humans remain in control of consequential decisions

aim to prohibit access to pages by robots

3.2.2 Principles relating to processing of personal data

screening score · 2026-10-23

Privacy

5/5

Protection of personal data and private life

The GDPR applies to web scraping when it includes personal data processing operations, such as collection, storage, organisation and retrieval.

Executive summary

screening score · 2026-10-23

Transparency

4/5

Openness about how AI systems work and are used

One appropriate measure that controllers must always take, as specified in Article 14( 5)(b), is to make the information publicly available.

3.2.2 Principles relating to processing of personal data

screening score · 2026-10-23

Enforcement

3/5

Consequences and compliance mechanisms with real force

Compliance with certain GDPR requirements can be challenging when web scraping is used to collect personal data

Executive summary

screening score · 2026-10-23

Impact Assessment

4/5

Required assessment of an AI system's risks/impacts before or during use

Where a controller seeks to rely on the exception in Article 14(5)(b) GDPR, it should assess the effort involved for the controller to provide the information to the data subject against the impact and effects on the data subject if they were not provided with the information.

3.2.2 Principles relating to processing of personal data

screening score · 2026-10-23

Topics

web_scraping generative_ai gdpr data_protection training_data privacy