GDPR and Web Scraping in 2026: A Guide for Businesses

A common myth in the data world is that the GDPR doesn’t apply to publicly available personal data. Many companies mistakenly believe that if information is on a public website, it’s fair game for scraping without any legal strings attached. However, this is a costly misunderstanding. The General Data Protection Regulation (GDPR) has no broad exemption for public personal data. The same rules that apply to other forms of personal data also govern the scraping of public information.

This topic often leads to confusion, so this post will clarify the key issues surrounding the scraping of publicly available data of identifiable individuals. By the end, you’ll have a clear understanding of your responsibilities and how to ensure your data practices are both effective and compliant in 2026.

Why Public Data Isn’t a GDPR Free-for-All

The core principle of the GDPR is to protect the personal data of individuals. This protection doesn’t disappear just because a person’s data is publicly accessible. Any information that can be used to identify a living person is considered personal data. This includes names, email addresses, phone numbers, and even IP addresses. When you scrape this kind of information from websites, you are “processing” personal data, which brings your activities under the scope of the GDPR.

Think of it this way: just because someone leaves their front door unlocked doesn’t give you the right to walk in and take their belongings. Similarly, just because personal data is publicly available doesn’t grant an automatic right to collect and use it for any purpose.

A Real-World Example: The Polish Authority Ruling

A significant case that highlights this point involved a company in Poland. In March 2019, the Polish data protection authority fined a company approximately €220,000 for scraping and using publicly available personal data without informing the individuals concerned. The company had collected the data of over six million Polish citizens from a public register.

The company argued that the “high operational costs” of notifying everyone made it an impossible task. They only contacted the 90,000 individuals for whom they had email addresses. The Polish regulator was not convinced, stating that the difficulty of the task did not exempt the company from its legal obligations. This case makes it clear: you must inform people when you collect their public personal data. There is no easy way around this requirement.

Key GDPR Principles for Web Scraping

To stay compliant, it’s crucial to understand and apply the core principles of the GDPR to your web scraping activities. Here’s a breakdown of the most relevant principles:

• Lawfulness, Fairness, and Transparency: You must have a valid legal basis for processing the data. For web scraping, the most likely legal basis is “legitimate interests.” However, you must also be transparent with individuals about how you are using their data.
• Purpose Limitation: You can only collect data for specific, explicit, and legitimate purposes. You can’t scrape data for one reason and then use it for a completely different, unrelated purpose without a new legal basis.
• Data Minimization: You should only collect the data that is absolutely necessary for your stated purpose. Avoid scraping entire profiles if you only need a name and email address.
• Accuracy: The personal data you hold must be accurate and kept up to date.
• Storage Limitation: You should not keep personal data for longer than is necessary for the purposes for which you are processing it.
• Integrity and Confidentiality: You must have appropriate security measures in place to protect the personal data you hold.

The Importance of a Data Protection Impact Assessment (DPIA)

If your web scraping activities are likely to result in a high risk to the rights and freedoms of individuals, you are required to conduct a Data Protection Impact Assessment (DPIA) before you begin. A DPIA is a process to help you identify and minimize the data protection risks of a project.

Even if a DPIA isn’t strictly mandatory for your project, it’s always a good practice to carry one out, especially when you are collecting personal information without the individual’s direct knowledge. A well-documented DPIA demonstrates that you have considered the risks and taken steps to mitigate them, which can be invaluable if you ever come under investigation by a data protection authority.

Notifying Individuals: A Non-Negotiable Step

As the Polish case demonstrates, you have a legal obligation to inform individuals that you are processing their personal data. This is covered under Article 14 of the GDPR. You must provide them with certain information, including:

• Your company’s name and contact details.
• The purposes for which you are processing their data.
• The legal basis for the processing.
• The categories of personal data concerned.
• Any recipients or categories of recipients of the personal data.
• The fact that you intend to transfer personal data to a third country or international organization (if applicable).
• The period for which the personal data will be stored.
• Their rights as data subjects (the right to access, rectify, erase, etc.).

You must provide this information within a reasonable period after obtaining the data, and at the latest within one month.

Staying Ahead in 2026: The Future of Data Solutions

The world of data is constantly evolving. As we look towards 2026, several trends will shape the data solutions industry. Artificial intelligence and machine learning will become even more sophisticated, enabling more advanced data extraction and analysis. At the same time, data privacy regulations are likely to become more stringent globally, not just in the EU.

For businesses that rely on web scraping, staying up-to-date with these changes is not just a matter of compliance; it’s a matter of survival. Companies that prioritize ethical and compliant data practices will build trust with their customers and gain a competitive advantage.

To learn more about the evolving landscape of data protection, you can visit the websites of data protection authorities like the Information Commissioner’s Office (ICO) in the UK or the European Data Protection Board (EDPB).

Actionable Takeaways for Your Business

Here are some clear, actionable steps you can take to ensure your web scraping projects are GDPR compliant:

• Always assume GDPR applies to public personal data. Don’t fall into the trap of thinking that public data is exempt.
• Conduct a Legitimate Interests Assessment (LIA). Before you start scraping, document your legitimate interest in processing the data.
• Perform a Data Protection Impact Assessment (DPIA). This will help you identify and mitigate any risks to individuals.
• Be transparent. Inform individuals that you are processing their data and provide them with all the necessary information required under Article 14.
• Minimize your data collection. Only scrape the data you absolutely need for your specific purpose.
• Keep your data secure. Implement robust security measures to protect the personal data you hold.
• Stay informed. Keep up to date with the latest developments in data protection law and best practices.

For more in-depth guidance on data protection principles, the official GDPR text is a valuable resource.

Frequently Asked Questions

Is web scraping legal under GDPR?

Web scraping itself is not illegal. However, if you are scraping personal data of individuals in the EU, you must comply with the GDPR. This includes having a lawful basis for processing the data and being transparent with individuals.

What is considered personal data under GDPR?

Personal data is any information that relates to an identified or identifiable living individual. This includes names, email addresses, phone numbers, location data, and online identifiers like IP addresses.

What isn’t considered personal data under GDPR?

Information about deceased persons or legal entities (like companies) is generally not considered personal data under the GDPR. However, information about individuals within a company, such as an employee’s work email address, can be personal data.

Is a business email address personal data?

Yes, a business email address that can be used to identify a specific person (e.g., john.smith@company.com) is considered personal data under the GDPR. Generic business email addresses (e.g., info@company.com) are not typically considered personal data.

Do I need consent to scrape publicly available personal data?

While consent is one lawful basis for processing data, it’s often not practical for large-scale web scraping. The more common lawful basis is “legitimate interests.” However, you must still inform individuals that you are processing their data.

What are the penalties for non-compliance with GDPR?

The penalties for non-compliance can be severe, with fines of up to €20 million or 4% of your company’s global annual turnover, whichever is higher.

What is a Data Protection Impact Assessment (DPIA)?

A DPIA is a process to help you identify and minimize the data protection risks of a project that is likely to result in a high risk to individuals’ rights and freedoms.

Partner with Experts in Compliant Data Solutions

Navigating the complexities of GDPR and web scraping can be challenging. To ensure your data projects are both effective and compliant, it’s essential to partner with a team of experts. At Hir Infotech, we have a deep understanding of the legal and technical aspects of web scraping.

Our engineering team can create custom web scraping solutions tailored to your unique needs, ensuring that your data extraction processes are efficient, ethical, and fully compliant with GDPR. Don’t risk costly fines and reputational damage. Contact us today to discuss how we can help you with your data solution needs.

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