HungarySzjt. Section 35/A, Text and Data Mining Exception
1999. évi LXXVI. törvény (Szjt.), 35/A. §, as inserted by 2021. évi XXXVII. törvény 10. §
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Reproduce a work for text-and-data mining, including AI training, only where you have lawful access to it and the rightsholder has not objected in advance in an appropriate, machine-readable manner for online content, per Szjt. Section 35/A(1).NIST AI RMFMAP 4.1
- Keep any copies made for text-and-data mining only for as long as the mining itself requires.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
A request for a preliminary ruling lodged on (Case C-250/25, Like Company v Google Ireland) asks whether reproduction of lawfully accessible works to train an LLM-based chatbot falls within the text and data mining exception in Article 4 of Directive 2019/790.
- As of
- Open questions
- Does a robots.txt directive or a clause in website terms count as an objection 'megfelelő módon' (in an appropriate manner) and 'géppel olvasható formában' (in machine-readable form) under section 35/A (1) b)?
- Is access to a work that a site serves to everyone without a licence a work to which the user has 'jogszerűen fértek hozzá' (lawfully accessed) under section 35/A (1) a)?
What it makes you log
Log retention
Section 35/A(1)(c) limits how long text and data mining copies may be kept, and section 35/A(2) lets research bodies and cultural heritage institutions keep their copies for scientific research. These are limits on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Text and data mining copies kept longer than the time needed for text and data mining
Logging duty
Section 35/A lets text and data mining copies be made when access is lawful and the rightholder has not objected, and lets research bodies and cultural heritage institutions keep copies for scientific research if they are stored at an appropriate security level. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Section 35/A(1) makes it a free use to reproduce a work for the text-and-data mining it requires, provided the user has lawful access to the work, the rightsholder has not objected to the free use in advance and in an appropriate manner (for content made available online, in a machine-readable form), and any copies made for the mining are kept only as long as the mining itself needs them.
Section 35/A(2) gives research organizations and cultural heritage institutions a separate, non-waivable exception for text-and-data mining carried out for scientific research, without the opt-out that limits the general exception. The section was inserted by Act XXXVII of 2021, Section 10; that Act's own closing provisions bring the whole Act, including Section 10, into force on .
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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