The legality of web scraping: what you need to know in 2025

Jenny Avery

Last updated on

2025-09-10

 

10 min read

Web scraping has become an essential tool for businesses, researchers, and developers who want to extract structured information from websites. According to Statista, the global big data market continues to grow year after year, and with it, web scraping is gaining more relevance as a powerful method of data collection. However, questions about its legality often create confusion. Is web scraping legal? Under what circumstances can it become illegal? And how can businesses adopt ethical practices while staying compliant with data protection laws?

In this comprehensive guide, we will break down the legal considerations around web scraping in 2025, explore common myths, review major court cases, and provide actionable best practices. This article is for informational purposes only and does not constitute legal advice—you should always consult a qualified professional for your specific situation.

What is web scraping?

Web scraping is the process of using automated tools (often called bots or crawlers) to collect data from websites. The extracted information can include prices, product details, reviews, research papers, or other publicly available data. Companies often rely on scraping for:

●  Price monitoring and competitor analysis

●  Market research and trend discovery

●  Lead generation and contact enrichment

●  Academic and business research

While scraping itself is not inherently illegal, its legality depends on how the data is accessed, what type of data is collected, and how it is used afterward.

Is web scraping legal or illegal?

There are currently no universal laws that explicitly prohibit web scraping. Many companies use scraping in legitimate ways to gather insights from publicly available information. However, scraping may cross into illegal territory depending on certain factors:

1. Terms of Service (ToS) violations

When you log into a website, you usually agree to its Terms of Service. If those terms forbid automated data collection, scraping the site after logging in may constitute a breach of contract. Even without logging in, websites can use “browsewrap” ToS, though courts often debate how enforceable these are.

2. Personal data collection

Scraping personal information, such as names, emails, health records, or Social Security numbers, is generally prohibited under laws like GDPR (EU) and CCPA (California). These regulations require explicit consent from users before such data can be processed.

Examples of personal data:

●  Full names

●  Email addresses

●  Identification numbers

●  Health records

●  Financial information

3. Copyrighted content

Even if data is publicly accessible, it may still be copyrighted. Republishing scraped research papers, news articles, images, or logos without permission could lead to copyright infringement claims.

Examples of copyrighted data:

●  News articles

●  Academic papers behind paywalls

●  Images, videos, and audio files

●  Logos and branding material

4. Excessive server load and disruption

Scraping that sends too many automated requests can disrupt a website’s normal functioning. In extreme cases, this could be considered unauthorized access or even “trespass to chattels” under U.S. law.

One example would be downloading copyrighted data. In fact, below are some specific examples of personal and copyrighted information.

Why does web scraping have a negative reputation?

Although web scraping can be conducted legally and ethically, it sometimes attracts negative attention because of misuse. Common reasons include:

●  Bad actors abusing scraping toolsfor spam, phishing, or large-scale data theft.

●  Violation of ToSwhere companies ignore restrictions and collect data anyway.

●  Excessive scrapingthat burdens servers and disrupts normal website operation.

These cases overshadow legitimate scraping activities, leading to the perception that all scraping is malicious. In reality, when carried out responsibly, scraping provides valuable data that businesses and researchers rely on.

Web scraping myths debunked

1. Myth: All web scraping is illegal.
Truth: Scraping publicly available data without violating laws or ToS is generally legal.

2. Myth: Scraping is always a privacy violation.
Truth: Collecting non-personal, non-sensitive data can be lawful and ethical.

3.Myth: Scraping always harms website performance.
Truth: Responsible scraping practices, like rate-limiting requests, minimize server impact.

Privacy laws and web scraping

The GDPR

The General Data Protection Regulation (GDPR) in the European Union requires businesses to handle personal data with transparency and consent. Scraping personal information without consent may result in heavy fines.

The CCPA

The California Consumer Privacy Act (CCPA) gives California residents rights to access, delete, and opt out of the sale of their personal information. Businesses scraping personal data from California residents must comply with these obligations.

Other regional laws

Countries such as Brazil (LGPD) and Canada (PIPEDA) also enforce strict data protection regulations that apply to scraping activities involving personal information.

Real-world web scraping cases

Looking at landmark cases helps illustrate how courts interpret scraping activities:

HiQ Labs v. LinkedIn (2019–2022)

HiQ scraped public LinkedIn profiles to provide workforce analytics. LinkedIn argued this violated the Computer Fraud and Abuse Act (CFAA). Courts ruled that scraping public data did not violate the CFAA, although later rulings restricted HiQ from creating fake accounts to bypass LinkedIn’s ToS. This case reinforced the legality of scraping public data but highlighted risks when creating fake accounts or scraping private information.

Ryanair v. PR Aviation (2018)

PR Aviation scraped Ryanair’s flight data, despite Ryanair’s Terms of Use forbidding it. A Dutch court ruled against Ryanair, noting that terms presented in a “browsewrap” format were not enforceable. However, this outcome was highly fact-specific.

Meta v. Bright Data (2023–2024)

Meta sued Bright Data for scraping Facebook and Instagram. Bright Data argued it only scraped publicly available data without logging in. In 2024, a U.S. court sided with Bright Data, finding no evidence of scraping behind login walls. This case strengthened the argument that scraping public data remains legal.

Meta v. Octopus (2022)

Meta filed a lawsuit against Octopus, accusing it of enabling scraping of Facebook and Instagram users’ personal data. The case highlights risks when scraping involves personal information.

Best practices for legal and ethical web scraping

To minimize legal risks, consider the following:

1. Check for APIs: If a website provides an API, use it instead of scraping raw HTML.

2. Respect Terms of Service: Always review ToS and avoid scraping if explicitly forbidden.

3. Review robots.txt: Although not legally binding, it signals the site owner’s scraping preferences.

4. Avoid personal data: Don’t scrape names, emails, or sensitive information without consent.

5. Respect copyright: Don’t republish copyrighted materials without permission.

6. Throttle requests: Avoid overwhelming servers—use rate limits and delays.

Thordata: enabling safe and compliant web scraping

For businesses seeking to collect data at scale without running into legal or ethical issues, Thordata provides enterprise-grade proxy networks and AI-powered scraping tools. Thordata ensures compliance by performing KYC (Know Your Customer) checks, blocking restricted targets (e.g., government or financial data), and offering transparent ethical standards.

With features like rotating proxies, residential IPs, and customizable scraping APIs, Thordata helps companies access publicly available data efficiently while minimizing legal risks. By combining compliance with robust technology, Thordata is a trusted partner for data-driven organizations.

Conclusion

The legality of web scraping depends on multiple factors: the type of data collected, how it’s accessed, and what laws apply. While scraping public, non-personal data is often legal, scraping personal or copyrighted material without permission can lead to serious consequences. Companies should adopt best practices, respect site policies, and seek professional legal advice when in doubt.

By leveraging reliable and compliant providers like Thordata, businesses can safely extract valuable insights while navigating the complex legal landscape of data collection.

About the author

Jenny Avery

Content Specialist

Jenny is a Content Specialist with a deep passion for digital technology and its impact on business growth. She has an eye for detail and a knack for creatively crafting insightful, results-focused content that educates and inspires. Her expertise lies in helping businesses and individuals navigate the ever-changing digital landscape.

The thordata Blog offers all its content in its original form and solely for informational intent. We do not offer any guarantees regarding the information found on the thordata Blog or any external sites that it may direct you to. It is essential that you seek legal counsel and thoroughly examine the specific terms of service of any website before engaging in any scraping endeavors, or obtain a scraping permit if required.

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