Are AI Scraping and Data Collection Lawful? (2026 Guide)

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Are AI Scraping and Data Collection Lawful? (2026 Guide)

AI scraping law defines the legal limits on collecting Internet data to train or analyze AI systems.
Companies want to feed AI models by extracting data from websites through scraping;
however, this process carries serious risks under KVKK, copyright law and contractual provisions.

The most important point is: Data publicly accessible online is not always free to use.
Personal data, copyrighted content and platform terms of use in particular make scraping
directly subject to legal scrutiny.

Short answer: AI scraping is not entirely prohibited; however, collecting personal data or copyrighted content, or
collecting data in breach of platform rules, may be unlawful. What Is AI Scraping?

AI scraping is the automated collection of data from websites, platforms or data sources and
the use of that data in AI systems. The data may include text, images, user comments, profile information
or behavioural data.

It is particularly widely used in:

• AI model training
• Market analysis
• Competitor analysis
• Content production
• Data mining

When Is AI Scraping Lawful?

Whether scraping is lawful depends on the data type and intended use.

If it does not contain personal data

Collecting anonymous data that contains no personal data generally carries lower risk.

Where There Is Explicit Consent or a Legal Basis

If personal data is collected, explicit consent or another legal basis under KVKK must exist.

If there is no copyright infringement

Risk is reduced if the content collected is not copyrighted or permission to use it has been obtained.

Where Platform Rules Are Respected

Scraping is safer when the website’s terms of use permit it.

B10 insight: The lawfulness of scraping depends less on where data is obtained than on
how and for what purpose it is used. When Is AI Scraping Unlawful? If personal data is collected without permission

Collecting personal data such as user details, email addresses or profile data without permission
constitutes a KVKK breach.

If copyrighted content is being copied

Extracting website content without permission may infringe copyright.

If platform rules are violated

Many platforms expressly prohibit scraping. Breaching these rules constitutes a breach of contract.

Where Heavy Traffic Harms the System

Excessive data extraction can create technical risks similar to a denial-of-service attack (DoS).

If data is used outside of purpose

If the data collected is used for a different purpose, legal risk increases.

Practical reality: “Publicly accessible data” ≠ “free to use”. How Is AI Scraping Assessed Under KVKK?

According to the KVKK, personal data processing requires a legal reason.
If data collected through scraping contains personal data:

• Explicit consent must be obtained, or
• A legal basis such as legitimate interests must be established

Data minimization, purpose limitation and security principles must also be applied.

Risks in terms of copyright law

Text, visual and other content on websites may be protected by copyright.
Extracting and using this content without permission may lead to:

• Claims for compensation
• Content removal processes
• Legal sanctions

These are possible consequences.

Is Collecting Data for AI Model Training Legal?

This issue is controversial on a global scale.
While there is no clear regulation in Turkey:

• If it contains personal data -> KVKK applies
• Copyrighted content → FSEK becomes relevant

Therefore, data collection activities should be carefully planned for AI model training.

What should be done to reduce risks? Analyze the Data Type

Determine whether the data includes personal data.

The legal basis must be established

Clarify legal bases such as explicit consent or legitimate interests.

Platform rules must be examined

Check the terms of use of the website from which data is scraped.

Anonymous data should be preferred

Avoid using personal data wherever possible.

Data security must be ensured

The collected data must be protected.

Practical reality: The safest scraping model
uses anonymous data with permission. Most frequent mistakes Assuming Publicly Accessible Data Is Free to Use

Publicly accessible data does not always mean unrestricted use.

Failing to Read Platform Rules

Terms of use are violated.

Failing to Analyze Personal Data

KVKK risks are ignored.

Ignoring the Copyright Dimension

Content is used without permission.

B10’s Approach: A Data Strategy Beyond Scraping

At B10 Digital Agency, we do not view AI scraping as a purely technical activity.
We address the process through KVKK compliance, copyright analysis,
data strategy and risk management
.

Because the wrong data collection method can turn the AI project into legal risk.

Conclusion

AI scraping is not entirely prohibited, but neither is it unrestricted.
Scraping without correctly identifying the data type, intended use and legal basis
creates serious risks.

The right approach goes beyond collecting data to
establishing lawful data management.

Let’s Secure Your AI Data Collection Processes