SpainRDL 24/2021 Article 67, Text and Data Mining Exception
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce legitimately accessible works for text and data mining without a rights holder's authorization, except where rights holders have expressly reserved the use of their works through machine-readable means or other adequate means (Art. 67(1), (3)).
- Before mining, check for that reservation, and do not mine works whose rights holders have reserved the use.NIST AI RMFMAP 4.1
- Research organizations and cultural-heritage institutions that reproduce works for text and data mining for scientific research must store the reproductions with an adequate level of security and may keep them to verify research results; rightsholders may apply measures whose only purpose is the security and integrity of the networks and databases holding the works (Art. 67(4)).no control in the NIST AI RMF
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, and in the NIST AI RMF, line by line beside each duty above. 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 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) of Real Decreto-ley 24/2021's own Fourth Book. That general 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), which is the opt-out.
Article 67(4) provides that reproductions made by research organizations and cultural-heritage institutions for text and data mining for scientific research are stored with an adequate level of security and may be kept to verify research results.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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