SpainRDL 24/2021 Article 67, Text and Data Mining Exception
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Honor an express, machine-readable rights reservation before relying on the general text-and-data-mining exception to reproduce a legitimately accessible work, per RDL 24/2021 art. 67.3.
- A research organization or cultural-heritage institution mining for scientific research is not subject to that opt-out, per art. 67.4.
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.
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
Who enforces it
Settledness
Question 3 of the reference in Case C-250/25 (Like Company v Google Ireland), lodged on , asks whether reproduction in training an LLM-based chatbot falls within the text-and-data-mining exception in Article 4 of Directive (EU) 2019/790.
- As of
- Open questions
- Does a robots.txt directive, a terms-of-use clause or a metadata tag count as 'medios de lectura mecánica u otros medios que resulten adecuados' for an express reservation of rights under Article 67(3) of Real Decreto-ley 24/2021?
- Does the training of an LLM-based chatbot count as reproductions 'realizadas con fines de minería de textos y datos' under Article 67(1) of Real Decreto-ley 24/2021, the question referred to the Court of Justice in Case C-250/25?
What it makes you log
Log retention
Reproductions and extractions may be kept for as long as the mining requires, subject to the law on legality and personal data protection.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Reproductions and extractions made for text and data mining beyond the time needed for that mining
Logging duty
For text and data mining for scientific research by research organizations and cultural heritage institutions, article 67(4) requires the reproductions to be stored with an adequate level of security and allows them to be kept for verification of the research results. The clause requires no log or record. Article 67(2) separately lets reproductions and extractions be kept for as long as the mining requires.
- Kind
- None
- As of
What this law does
No authorization from an intellectual-property rights holder is needed for reproductions of legitimately accessible works made for text and data mining purposes, per Article 67(1). That exception does not apply where rights holders have expressly reserved the use of their works through machine-readable means or other adequate means, per Article 67(3), an opt-out a crawler must honor to keep the general exception available.
A separate provision in Article 67(4) covers research organizations and cultural-heritage institutions carrying out text and data mining for scientific research: their reproductions are stored with an adequate level of security and may be kept to verify the research results, and the reservation in Article 67(3) is expressed to displace paragraph 1 only.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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