PortugalCDADC Text and Data Mining Opt-Out for News Aggregation
CDADC art. 75.º(2)(v)-(w) Text and Data Mining Opt-Out for News Aggregation, as amended by Decreto-Lei n.º 47/2023, de 19 de junho, art. 3.º
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
- Before text and data mining a legally accessible protected work, including a press publication, check whether the rights holder has expressly reserved that use in an adequate manner, in particular by optical reading of content made available to the public online (art. 75.º(2)(w)).
- Do not mine content whose rights holder has reserved that use: the general text-and-data-mining exception does not cover it.
- If you are a research organization or a cultural-heritage institution mining legally accessible works for scientific research, you may do so without the opt-out check (art. 75.º(2)(v)).
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
- As of
- Open questions
- Does a robots.txt directive or a clause in a site's terms of use count as a reservation 'de forma adequada, em particular por meio de leitura ótica' under o artigo 75.º, n.º 2, alínea w) do CDADC, for content made available online?
- Does the training of an LLM-based chatbot count as reproduction 'para fins de prospeção de textos e dados' in o artigo 75.º, n.º 2, alínea w), the question referred to the Court of Justice in Case C-250/25?
What this law does
Reproducing a legally accessible protected work, including a press publication, for text and data mining is a permitted exception under CDADC Article 75.º(2)(w), unless the rights holder has expressly reserved that use in an adequate manner, in particular by optical reading of content made available to the public online.
A separate exception in Article 75.º(2)(v), which the reservation does not limit, covers a research organization or a cultural-heritage institution carrying out text and data mining on legally accessible works for scientific research, without the opt-out that limits the general exception.
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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