Web Scraping and the Law: What You Need to Know About robots.txt, ToS, and Personal Data in Russia and the EU

Web scraping is a powerful tool for collecting market data, monitoring prices, and analyzing competitors. However, its use carries serious legal risks, especially if local legislation, technical restrictions, and site owners' rights are not taken into account. In this article, we will thoroughly examine the legal landscape of Russia and the European Union, the role of robots.txt and user agreements, and offer best practices that help avoid fines and lawsuits.

How website parsing is regulated in Russia and the European Union

Legal approaches to web scraping differ, but in both Russia and the EU, the main points of intersection are copyright, databases, website terms of use, and personal data protection. The key principle: automated data collection is not prohibited by default as long as it does not violate explicit prohibitions or third-party rights.

Russian jurisdiction: what you need to know

In Russia, there is no separate law on web scraping, but a set of regulations applies:

• Civil Code (Articles 1260, 1334) — protection of databases as objects of related rights. Extracting a substantial part of materials from a database without the rights holder's consent may be considered a violation.
• Federal Law No. 149-FZ "On Information" — establishes the legal regime for information placed in the public domain. If the site owner explicitly prohibits automated collection (robots.txt, ToS), that prohibition must be respected.
• Federal Law No. 152-FZ "On Personal Data" — requires a legal basis for processing personal data, including data obtained from the internet.

Court practice is still sparse, but rulings are already shaping the contours: ignoring robots.txt or ToS may be classified as a violation of exclusive rights or even as unlawful access to computer information.

European Union norms: GDPR and data collection rules

In the EU, web scraping is assessed through the lens of several key acts:

• General Data Protection Regulation (GDPR) — if personal data of EU citizens is scraped, a legal basis is required (consent, legitimate interest, contract performance). "Legitimate interest" requires careful balancing between the scraper's interests and data subjects' rights.
• Database Directive 96/9/EC — protects databases from substantial copying. Repeated automated collection (scraping) may infringe the database maker's rights.
• ePrivacy Directive — additionally regulates storage of and access to information on users' terminal equipment; scraping indirectly raises the issue of collecting publicly available data.

European regulators have become stricter in recent years: for example, in 2022, the French CNIL fined a company for scraping publicly available profiles without proper notification of data subjects. Therefore, businesses targeting the European market must critically ensure their data collection process complies with GDPR.

The role of robots.txt and Terms of Service (ToS)

Technical and contractual restrictions are the first line of defense that jurisdictions analyze when considering scraping disputes.

Legal force of robots.txt

The robots.txt file itself is not a contract, but it is increasingly regarded as a way to express the rights holder's intent. Russian courts may consider it as evidence that the site owner prohibited automated access, and European practice goes even further: in the Ryanair v. PR Aviation case, the court noted that scraping contrary to website access conditions may be found to be a breach of contract if the scraper had the opportunity to review them.

Therefore, our recommendation: always respect robots.txt prohibitions for sections you intend to scrape. This is technically straightforward and serves as a strong argument in the event of claims.

User agreements: when ToS become binding

Public ToS (Terms of Service) of a website can have legal force if the rules of acceptance are followed. In Russian practice, if the terms of use are prominently displayed and the user continues to use the site (conclusive actions), an agreement is formed. Automated tools often "do not see" the ToS, which can become a problem.

In European law, a similar approach applies: from the moment an organization begins scraping with full knowledge of the prohibition, the ToS may be deemed binding. Certain cases (for example, in Germany) have confirmed that circumventing robots.txt and ignoring ToS can become grounds for a lawsuit for breach of contract or unfair competition.

Bottom line: before starting any scraping project, it is necessary to check not only robots.txt but also the texts of user agreements, privacy policies, and available content licenses.

Personal Data in Scraping: Risks and Processing Rules

The most sensitive area is personal data (PD). Even if the information is public (e.g., a social media profile), its automated collection may be considered processing that requires a legal basis.

What is Considered Personal Data?

Both in Russian Law 152-FZ and in the GDPR, the concept of PD is interpreted broadly: full name, email, IP address, geolocation, device identifiers, any data by which a person can be directly or indirectly identified. When scraping directories, marketplaces, or blogs, PD is almost always captured (author's name, nickname, avatar). Therefore, the question of a legal basis inevitably arises.

Cross-Border Transfer and Exceptions

If the scraper collects data for transfer to another country, the cross-border transfer mechanism kicks in. For Russia, notification to Roskomnadzor is required; for the EU, an adequacy decision or standard contractual clauses are needed. This is important to remember if you use cloud servers abroad or transfer data to a client in another jurisdiction.

Anonymization and Depersonalization as a Way to Reduce Risks

The best strategy is to not collect PD at all or to immediately depersonalize it after extraction. For example, you can discard fields with names, replace email addresses with hashes, remove links to profiles. Even if you use professional parser development, for example, through ESK Solutions parsing services, the solution architecture is designed from the start with anonymization requirements in mind to reduce compliance burden.

Best Practices for Legal Web Scraping

Based on the norms of Russia and the EU, we have developed a set of recommendations that help our clients avoid legal risks when implementing data collection projects. Follow these principles to ensure that scraping does not lead to lawsuits.

• Start with a legal audit. Examine the robots.txt, ToS, and privacy policy of each target site. If the resource explicitly prohibits scraping or automated access, look for legal alternatives — API, partnership agreements.
• Collect only the data you really need. The Data Minimization principle from GDPR applies even outside the European Union. Do not store unnecessary data, especially if it involves PD.
• Set respectful request intervals. Technically correct scraping should not create excessive load on the site. Implement delays, limit parallel connections, use caching — this is not only an ethical issue but also a point in favor of good faith.
• Ensure transparency. In the User-Agent headers, include contact information. This allows site owners to reach out if necessary and demonstrates openness of intentions.
• Document legal bases. For each source, prepare a brief justification: why data collection is necessary for your business (legitimate interest), where permissions are documented, and what technical measures have been taken to protect PD. Such documentation is invaluable during inspections by regulatory authorities.
• Integrate data into a secure infrastructure. Store scraped datasets in isolated cloud environments, for example using ESK cloud solutions, apply encryption and access control.
• Involve professionals. Comprehensive development of scrapers and integration of the obtained data into CRM systems or web applications requires not only technological but also legal expertise. Collaborating with a team that has experience in scraping and understands the nuances of 152-FZ and GDPR reduces risks to a practical minimum.

Frequently Asked Questions

Can I ignore robots.txt if it's not directly prohibited by law?

Formally, robots.txt is not a regulatory act, but ignoring it may be seen by courts as a violation of the site's terms of use and database rights. In European practice, there are precedents where circumventing robots.txt was recognized as a breach of contractual obligations. We strongly advise always following the directives set out in this file.

Do I need to obtain consent to process data if I scrape public profiles on social networks?

Public access does not remove the requirements of personal data legislation. GDPR allows collection based on legitimate interest, but you would need to prove that your interests outweigh the rights of the data subjects and provide opt-out mechanisms. Under Russian law, even public personal data still requires consent unless otherwise provided by law (for example, data published by the subject themselves is still subject to restrictions). It is best to anonymize information as much as possible at the collection stage.

What fines can I face for illegal scraping in the EU?

GDPR fines can reach €20 million or 4% of the company's annual global turnover, whichever is higher. Additionally, there may be lawsuits for violation of database rights, ePrivacy requirements, and unfair competition. Russian penalties are more modest but still significant: up to 100,000 rubles for legal entities under certain provisions of the Administrative Code, as well as risks of blocking upon a rights holder's claim.

How does ESK Solutions help ensure legal compliance when scraping?

We design and develop scrapers taking into account the legal requirements of Russia and the EU. Our ESK parsing services include a preliminary audit of target sites, automatic filtering of personal data, configuration of respectful operation modes, and packaging data into a secure cloud environment. This approach allows our clients to obtain the necessary data without legal risks.

Conclusion

Web scraping remains a legitimate way to obtain competitive information, provided the balance between business interests and content owners' rights is strictly maintained. Understanding the role of robots.txt, terms of use, and personal data processing rules is a mandatory condition for projects in Russia and the EU. Embedding legal practices from the start, rather than retroactively, saves resources and protects against sanctions. The professional approach and technological expertise that ESK Solutions offers in implementing custom parsing solutions makes this process transparent and safe for your business.