Crawling data collection before <3 Key Check Items>

Article posted in 2024-08-06 18:00:03 | VEAT

Law firm Veat received a request from IT startup A (hereinafter referred to as the "Client") to review the legality of data collection.

The Client requested a review of the legality of collecting data or images released by a third party through methods such as crawling and using them for business.

Crawling is a technology that means automatically browsing the internet and collecting data using programs or scripts called Web Crawlers or Spiders.

Although the act of collecting data through crawling may seem technically simple, it can cause various problems from a legal perspective, such as infringement of the data provider's rights, violation of terms of use, infringement of the Copyright Act and the Act on Protection of Business Activities, so legal review is essential.

 

Main Legal Review Items for Crawling

✓ Review of Violation of Third-Party Terms of Use
Most websites specify restrictions on data collection and use in their terms of use. Law firm Veat carefully reviewed the terms of use of the websites the Client wishes to collect data from, judged whether or not they violated these terms, and presented measures to minimize legal problems.

✓ Review of Copyright and Copyright Infringement
According to the Copyright Act, works are protected if they are recognized as having creativity. A stricter legal review is necessary when using copyrighted data or images for business purposes. Law firm Veat reviewed whether the data or images collected by the Client constitute a copyrighted work based on precedents and legal interpretations, and reviewed whether the Client's data collection through crawling constitutes copyright infringement.

✓ Review of Violation of the Act on Protection of Business Activities
The act of unauthorizedly collecting and using a competitor’s data through crawling may constitute a violation of the Act on Protection of Business Activities, and whether or not it violates the Act depends on the nature of the data collected and the collection methods. Law firm Veat thoroughly reviewed whether the Client’s data collection activities comply with the Act on Protection of Business Activities, and presented alternative solutions for cases where legal risk was deemed to exist.

Law firm Veat also considered the possibility of violating other relevant laws related to data collection and reviewed it from various perspectives by referring to precedents in similar cases. In addition, it provided guidance on the methods by which the Client can legally collect and use data and, if necessary, how the Client can secure legitimate rights or use them legitimately.

Law firm Veat has received a commendation from the Ministry of Science and ICT for its contributions in the field of digital innovation, and is providing optimal legal advice through a deep understanding of legal issues related to data crawling, based on its extensive experience and expertise in the IT and startup fields.

If you are experiencing difficulties with crawling, copyright law, or the Act on Protection of Business Activities, we recommend you contact Law firm Veat for professional legal review and advice to minimize legal risks.

Thank you.
Law firm Veat