Website Data Scraping: Evolving Legal, Case Law, and Business Challenges, User Agreement Enforcement, Safeguards

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, February 16, 2023 (in 12 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will brief corporate counsel on pivotal legal hurdles that businesses face in the complex area of website data scraping (data scraping) and how to stay compliant with the evolving data privacy landscape. The panel will address data scraping fact patterns, recent legal and case law developments, and jurisdictional nuances, as well as offer solutions and safeguards for reducing risks.

Description

As the amount of data grows exponentially, data analytics plays a critical role in the way a business is run. Data scraping is a technique used to extract data and other content from a website (both public and non-public) using automated software or "bots." Bots can extract huge amounts of data in a short period. Data scraping has countless applications, including for marketing, research, sales insights, academia, archivists, and others.

From a business standpoint, some companies engage in data scraping to perform more efficiently, increase profits, or other strategic, lawful decisions. However, others scrape financial data and other personally identifiable information (PII) for nefarious reasons and find themselves on the receiving end of legal action under various legal theories. Website owners'/operators' claims generally fall under the Computer Fraud and Abuse Act (CFAA), breach of contract, copyright infringement, and common torts.

Because privacy laws are constantly changing, compliance is very challenging and organizations' privacy risks have skyrocketed along with larger fines for compliance failures. Building a privacy framework requires transparency and particularly sound policies, procedures, and other security measures for monitoring and enforcing website user agreements and capturing user consent.

Listen as our distinguished panel of attorneys addresses data scaping, applicable legal theories, and the importance of website user agreement enforcement. The panel will offer best practices for navigating the legal risks associated with data scraping and how privacy policies and procedures should be implemented and reviewed regularly as business practices and laws change.

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Outline

  1. Overview of website data scraping
  2. Legal and case law hurdles
    1. Computer Fraud and Abuse Act
    2. Breach of contract
      1. Clickwrap agreements
      2. Browsewrap agreements
    3. Copyright infringement
      1. Digital Millennium Copyright Act
    4. Trespass to chattels
  3. Website user agreement enforcement
  4. Safeguards

Benefits

The panel will discuss these and other key issues:

  • Capturing the appropriate level of user consent
  • What are potential legal consequences of unauthorized data scraping?
  • What types of data should not be scraped to avoid risks?
  • What steps should counsel take to ensure compliance with the CFAA, DMCA, and other laws applicable to data scraping?

Faculty

Jacobson, Julia
Julia B. Jacobson

Partner
Squire Patton Boggs

Ms. Jacobson helps clients maximize the value of their strategic relationships by drafting and negotiating a wide range...  |  Read More

Dull, Kyle
Kyle R. Dull

Senior Associate
Squire Patton Boggs

A former Assistant Attorney General, Mr. Dull advises industry-leading companies on domestic and international privacy...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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