Ruling from the Danish Maritime and Commercial Court
Good news from the Danish Maritime and Commercial Court, which has ruled that opt-outs under Article 4 of the DSM Directive can be implemented by prohibiting data mining, data scraping and data crawling in a website's data and privacy policy in HTML format. This fulfils the requirement of ‘in an appropriate manner’. The court thus rejected the defendant's claim that opt-outs must be made in metadata or robots.txt.
Af:
Karen Rønde
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As the case was an injunction case, the scraper is prohibited from crawling, text and data mining or other automated collection of data/content from the plaintiff’s website.
In Denmark, neither Google nor OpenAI et al. dispute that they scrape publicly available media content. At the same time, they tell us that we can “only” protect our content if we use robots.txt.
We look forward to continuing our tech-cases in the light of this court ruling.