Copyright Law, Sui Generis Database Producers Rights
In force.
A database right rule binding public and private bodies.
- Obligation class
- Access restriction
What it requires
- Do not extract or reuse the whole or a substantial part of a database's content, evaluated qualitatively or quantitatively, without the authorisation of the database's producer.
- Do not repeatedly and systematically extract or reuse insubstantial parts of a database's content where doing so conflicts with the database's normal exploitation or unreasonably harms the producer's legitimate interests.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-09Information Security
- GAI-RISK-12Value Chain and Component Integration
- OWASP LLM Top 10
- LLM03:2026Excessive Agency
- OWASP Agentic Top 10
- ASI03Identity and Privilege Abuse
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-018Agent Authority Least Privilege Framework
- AIR-PREV-023Agentic System Credential Protection Framework
- ETSI EN 304 223
- 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureNo
Penalty structure
Art. 179(2)-(4): a fine of ALL 100,000 to 500,000 against the responsible person of a legal entity or against a natural person committing the offence, and ALL 50,000 to 200,000 against an employee or self-employed person who committed it while performing an activity knowing or having the opportunity to know it was unlawful, applicable when the conduct does not separately constitute a criminal offence. Item (l) of Art. 179(1) names the unauthorised use of a database's data under Article 121 among the conduct this fine reaches.
- Rule
- Fixed only
- As of
- Minimum
- 50,000
- Currency
- ALL
- Fixed cap
- 500,000
What this law does
Articles 119 to 126 of Law No. 35/2016 On Copyright and Related Rights give the producer of a database, defined as a systematically or methodically arranged collection of independent works, data, or materials whose safety, verification, or presentation required a substantial qualitative or quantitative investment, the exclusive right to authorise or prohibit the extraction or reuse of the whole or a substantial part of its content, evaluated qualitatively or quantitatively, and extends that right to the repeated and systematic extraction or reuse of insubstantial parts where it conflicts with the database's normal exploitation or unreasonably harms the producer's legitimate interests.
The right runs for 15 years from the year following the database's completion, restarting on a substantial new investment in the database.
Article 124 exempts extraction or reuse of a non-electronic database's content for private purposes, for illustration in teaching or scientific research with the source cited and the extent limited to the non-commercial purpose, and for public security or an administrative or judicial proceeding; Article 123 lets a legitimate user of a publicly available database extract or reuse insubstantial parts for any purpose, a right no contract can override.
Article 179 makes an unauthorised issuance, making available, communication, or use of a database's data an administrative offence, sanctioned by a fine of ALL 100,000 to 500,000 against the responsible person of a legal entity and ALL 50,000 to 200,000 against an employee, rather than a criminal penalty, when the same conduct does not separately constitute a criminal offence. The 2022 amendments to this law did not touch Part IV.
Article 190 of Law 35/2016 brings that Law into force six months after its publication in the Official Gazette, and no source stating the resulting day has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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