BelgiumCode de droit économique, article XI.190, 20°, exception de fouille de textes et de données
Code de droit économique art. XI.190, 20°, inséré par la loi du 19 juin 2022 transposant partiellement la directive (UE) 2019/790 (Moniteur belge, 1 août 2022)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://www.ejustice.just.fgov.be/eli/loi/2022/06/19/2022015053/justelIn force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- Do not reproduce a work made accessible in a lawful manner for text-and-data-mining purposes if the rightsholder has expressly reserved that use in an appropriate manner.
- For a work made available online, treat only a machine-readable reservation as an appropriate one.
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-10Intellectual Property
- GAI-RISK-12Value Chain and Component Integration
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- ETSI EN 304 223
- 5.2.4-2.1Minimum record for training data: its source, such as a page URL, and when it was collected.
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.
Who enforces it
Settledness
- As of
- Open questions
- Does a reservation stated in a website's terms of use, rather than in a robots.txt file or in metadata, count as 'effectuée au moyen de procédés lisibles par machine' under Article XI.190, 20°?
- Is a work that a crawler reached by passing a login or another technical barrier 'accessible de manière licite' under Article XI.190, 20°?
What it makes you log
Log retention
The copies may be kept as long as text and data mining requires.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Copies made for text and data mining beyond the time needed for that mining
Logging duty
Article XI.190, 20° permits reproduction of lawfully accessible works for text and data mining unless the author has expressly reserved that use in an appropriate manner. It sets a purpose-bound limit on keeping the copies and requires no log or record.
- Kind
- None
- As of
What this law does
The Act of , transposing Directive (EU) 2019/790, added a text-and-data-mining exception to Article XI.190 of the Code of Economic Law. Point 20° permits reproducing a work that has been made accessible in a lawful manner for the purposes of text and data mining, provided the rightsholder has not expressly reserved that use in an appropriate manner. For content made available online, a reservation counts as appropriate only if it is carried out by machine-readable means.
A reproduction made under the exception may be kept for as long as the text-and-data-mining purpose requires. The same 2022 Act also amended the neighbouring point 19° of Article XI.190.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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