LatviaAutortiesību likums Article 21.1, Text and Data Mining Exception (Scraping and AI Training)
Autortiesību likums (scraping) 21.1 pants, pievienots ar 2023. gada 23. marta likumu 'Grozījumi Autortiesību likumā' (Latvijas Vēstnesis, 67, 04.04.2023.), stājas spēkā 05.04.2023.
In 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
- Honor a rights holder's explicit, machine-readable opt-out before relying on the general text-and-data-mining exception to reproduce a lawfully accessible work, per Article 21.1(3).NIST AI RMFMAP 4.1
- Keep a copy made under the text-and-data-mining exception only as long as needed for the mining itself, per Article 21.1(2).no control in the NIST AI RMF
- A research organization or cultural heritage institution mining lawfully accessible works for research purposes is not subject to that opt-out, per Article 21.2, but that exception does not reach computer programs.
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, 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
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
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 satisfy the duty to inform 'mašīnlasāmā formā' (in machine-readable form) of a prohibition on use of works publicly available online under Article 21.1 paragraph 3?
- Is a prohibition written only in website terms given 'skaidri informējot piemērotā veidā' (by clearly informing in an appropriate way) under Article 21.1 paragraph 3?
What it makes you log
Log retention
Section 21.1(2) lets the copies be kept for as long as is necessary for text and data mining. This is a limit on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Copies made for text and data mining kept longer than needed for that mining
Logging duty
Section 21.1 allows lawfully accessible works to be copied for text and data mining unless the rightholder has expressly prohibited it, and lets the copies be kept for as long as the mining needs them. It requires no log or record to be kept.
- Kind
- None
- As of
What this law does
Article 21.1 permits reproducing a lawfully accessible work to carry out text and data mining, defined as any automated analytical technique used to analyze text and data digitally to derive information such as patterns, trends, and correlations. Copies made for that purpose may be kept only as long as needed for the mining.
A rights holder can prohibit this use by giving clear notice in an appropriate manner, and a prohibition on the online use of publicly accessible works must be given in machine-readable form, including through metadata. A separate exception at Article 21.2 covers a research organization or a cultural heritage institution mining lawfully accessible works for research purposes, without that opt-out, but Article 21.2(5) excludes computer programs from its scope.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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