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Course Details

This CLE webinar will explore the ever-changing legal landscape of web scraping and provide counsel with actionable takeaways when advising businesses that engage in web scraping, are subject to scraping, and/or use scraped data. The panel will examine relevant data privacy case law, regulations and statutes in the EU and U.S., as well as global enforcement actions that help to clarify some of the unfolding dynamics of scraping and its role in AI development. The panel will also provide practical tips for counsel when advising clients on using AI tools in their organizations.

Faculty

Description

"Data scraping" or "web scraping" is the process of using algorithms to automate and refine data extraction activities from websites. Data scraping has countless applications, including for marketing, research, sales insights, academia, archivists, and others.

Scraping is now supercharged by AI tools designed to derive "intelligence" from scraped data as well as learn as they go by improving the overall performance of their algorithms.

Numerous lawsuits and regulatory actions are focused on generative AI tools that allegedly were developed or "trained" using large amounts of scraped data. These lawsuits raise many issues regarding the lawfulness of web scraping and courts have looked to relevant privacy statutes, prior case law, and global enforcement actions to clarify the issues presented in these cases.

As AI tools have continued to evolve and become prevalent, there has been an increase in web scraping litigation and heightened scrutiny of these types of activities. Data scraping implicates several data privacy laws even if the data being scraped is publicly available. Companies engaged in web scraping must take initial and ongoing steps to prevent unlawful scraping and ensure compliance with the growing patchwork of data protection and privacy laws.

Listen as our authoritative panel explores the current web scraping data privacy legal landscape with a focus on the EU and U.S., and provides practical tips for counsel to ensure that their organization's AI tools are not directly or inadvertently in violation of data protection and privacy laws as well as any AI-specific laws where applicable. 

Outline

I. Overview: what is web or data scraping

II. Types of data scraping practices: general vs. specific extraction

III. Relevant privacy case law, statutes, and global enforcement actions

IV. Data scraping's implications on privacy and data protection

V. Ensuring appropriate contractual terms are in place to mitigate the risks of unlawful scraping

A. Data processing agreements

B. Data protection impact assessment (DPIA)

C. Data licensing agreements

D. Application programming interface (API) agreements

VI. Actionable takeaways for companies engaged in web scraping activities and for those whose data is being scraped

Benefits

The panel will discuss these and other key issues:

  • What are the data privacy implications of web scraping?
  • What are practical considerations for companies engaged in web scraping to avoid liability under data privacy laws?
  • How can companies whose data is being scraped protect themselves from unauthorized scraping?
  • How can organizations mitigate their exposure to web scraping risks by strengthening contractual terms with third parties?