Data scraping is commonly understood as the use of automated tools (“bots”) to find and extract data from third-party websites. Website operators seeking to protect against data scraping and data scrapers wanting to protect their right to scrape raise claims and defenses with varying degrees of success. Join us to learn about the legal challenges to data scarping from the US and EU perspective and how you can set up compliance guardrails for both sides of this complex issue.
Key topics to be discussed:
EU and US legal issues that arise in connection with scraping
Status of current law about scraping – is it “legal”?
Guardrails for minimizing legal risks for data scarping – for website operators and data scrapers
Date: April 27, 2023
Julia B. Jacobson | Squire Patton Boggs
Julia B. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. Julia offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations.
Privacy and Cybersecurity
A significant portion of Julia’s practice is devoted to advising clients on an array of privacy, cybersecurity, data breach and data governance matters. She assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. Julia regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions. She has helped her clients design, develop and implement compliance programs to meet the challenges of the evolving privacy and cybersecurity law landscape, including the California Consumer Privacy Act and other US state privacy and cybersecurity laws, the EU’s General Data Protection Regulation, the UK Data Protection Act 2018, cross-border personal data transfers and New York Department of Financial Services Cybersecurity Regulations, as well as to align with industry standards, including the National Institute of Standards and Technology (NIST) cybersecurity and privacy frameworks, and ESG standards and frameworks. Julia also serves as the data breach coach for several national and international clients.
Julia helps clients maximize the value of their strategic relationships by drafting and negotiating a wide range of commercial contracts, particularly technology-centric agreements and the deployment of machine learning and artificial intelligence. For both product and service providers and users, she structures and negotiates contracts and develops customized template agreements and tools for vendor screening and assessments.
Marketing and Promotions
Julia’s practice spans a wide array of issues associated with consumer marketing and promotional campaigns. She is skilled at establishing effective compliance programs and regularly counsels clients on the risks surrounding mobile marketing and text messaging, email marketing and telemarketing, social media, and sweepstakes and contests. Her work also includes helping clients navigate the digital advertising ecosystem and deploy emerging technologies. Increasingly, her practice focuses on supporting clients in designing data practices that consider stakeholder expectations and data ethics. On behalf of brands, agencies and marketing technology providers, she routinely structures and negotiates co-branding, sponsorships, and commercial co-venture and other agreements associated with the marketing and promotion of products and services.
Dr. Annette Demmel | Squire Patton Boggs
Dr. Annette Demmel is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice Group in Berlin. For 20 years, Annette has advised national and international businesses on technology and privacy laws in many industries, focusing on the development of new digital products, the implementation of data-driven technology and the digital transformation of processes.
Annette regularly leads the implementation of international privacy compliance programs, and provides advice on policy and regulatory issues arising in relation to the digitalization of workflows.
I. EU and US legal issues that arise in connection with scraping | 12:00pm – 12:30pm
II. Status of current law about scraping – is it “legal”? | 12:30pm – 1:00pm
Break | 1:00pm – 1:10pm
III. Guardrails for minimizing legal risks for data scarping – for website operators and data scrapers | 1:10pm – 1:40pm