RomaniaLegea nr. 8/1996 privind dreptul de autor și drepturile conexe, art. 36^1-36^2, Text and Data Mining Exceptions, inserted by Legea nr. 69/2022
Legea nr. 69/2022 art. I pct. 11, inserting art. 36^1-36^2 into Legea nr. 8/1996 privind dreptul de autor și drepturile conexe (Monitorul Oficial nr. 321 din 1 aprilie 2022)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://legislatie.just.ro/Public/DetaliiDocumentAfis/253526In 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
- Do not reproduce or extract text and data from a lawfully accessible work online for text-and-data-mining purposes if the rights holder has reserved that use through machine-readable means or another adequate method, per Legea nr. 8/1996 art. 36^2.NIST AI RMFMAP 4.1
- A research organization or cultural-heritage institution carrying out scientific research may reproduce and extract text and data from a lawfully accessible work without the rights holder's authorization, and must store the copies with appropriate security measures, per art. 36^1.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.
- 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
- As of
- Open questions
- Does a reservation written in a website's terms of use, rather than in a machine-readable form, count as one made 'în mod corespunzător' under Article 36^2 paragraph 3 for content made public online?
- Does the copying of works to train a generative model amount to the extraction of text and data that Article 36^2 paragraph 1 permits?
What it makes you log
Log retention
Article 36^2(2) lets reproductions and extractions be kept for as long as is necessary for text and data extraction, and Article 36^1(3) lets research copies be kept for scientific research, including verification of results. These are limits on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Reproductions and extractions kept longer than needed for text and data extraction
Logging duty
Article 36^1 lets research organizations and cultural heritage institutions reproduce and extract text and data for scientific research and requires the copies to be kept with adequate security measures, and Article 36^2 allows mining for other purposes unless the rightholders have expressly reserved their rights. Neither requires a log or record to be kept.
- Kind
- None
- As of
What this law does
Law 69/2022 was adopted on and published in the Official Gazette (Monitorul Oficial) number 321 of . It transposed the EU Digital Single Market Copyright Directive (Directive (EU) 2019/790) into Law 8/1996 on copyright and related rights, inserting two text-and-data-mining exceptions.
Article 36^1 permits a research organization or cultural-heritage institution to reproduce and extract text and data from a lawfully accessible work for scientific-research purposes without the rights holder's authorization. Copies made under Article 36^1 are stored with appropriate security measures and may be kept for scientific-research purposes, including to verify the research results.
Article 36^2 permits any person to reproduce and extract text and data from a lawfully accessible work for text-and-data-mining purposes generally, but the exception applies only where the rights holder has not expressly reserved the use of the work in an appropriate manner, such as by machine-readable means for content made public online.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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