DSM Directive 2019/790, Article 4: the text and data mining exception and its opt-out (Directive (EU) 2019/790, Art 4(1) and (3))
This exception lets a miner copy lawfully accessible material unless the rightholder opted out, and it deals only with copyright and the database right, not with personal data. It does not apply to private records the buyer cannot lawfully access, so those need a licence.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“Member States shall provide for an exception or limitation to the rights provided for in Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 2 of Directive 2001/29/EC, Article 4(1)(a) and (b) of Directive 2009/24/EC and Article 15(1) of this Directive for reproductions and extractions of lawfully accessible works and other subject matter for the purposes of text and data mining. ... The exception or limitation provided for in paragraph 1 shall apply on condition that the use of works and other subject matter referred to in that paragraph has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.”
Where it was read
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