Yes, scraping public data in Belgium is generally permitted, but strict compliance with GDPR, copyright, and sector-specific laws is mandatory. Publicly accessible data does not equate to freely usable data, and automated collection may trigger legal risks under Belgian and EU frameworks.
Key Regulations for Scraping Public Data in Belgium
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GDPR Compliance: Even public data may contain personal information. Scrapers must ensure lawful processing (Art. 6 GDPR), implement data minimization, and respect individuals’ rights, including erasure requests. The Belgian Data Protection Authority (APD/GBA) enforces these rules rigorously, with recent 2026 guidance emphasizing automated decision-making risks in large-scale scraping.
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Copyright and Database Rights: Publicly available data (e.g., government portals, court rulings) is often protected under Belgian copyright law (Art. XI.165 CEL) or the EU Database Directive (96/9/EC). Unauthorized scraping of structured datasets may constitute infringement, as seen in recent Belgian court rulings (e.g., C-202/23).
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Sector-Specific Restrictions: Certain domains (e.g., healthcare, financial markets) impose additional barriers. The Belgian Financial Services and Markets Authority (FSMA) prohibits scraping financial data without authorization, while the Belgian Competition Authority (BCA) monitors anti-competitive data hoarding under the Digital Markets Act (DMA) transposition.
Practical Considerations:
- Rate Limiting: Excessive requests may violate the Belgian Electronic Communications Act (13/03/2007) or qualify as unauthorized access under the Belgian Penal Code (Art. 550bis).
- Terms of Service: Violating platform-specific terms (e.g., Belgian government portals) can lead to legal action, as demonstrated in Telenet v. Proximus (2025).
- Opt-Out Mechanisms: Respect robots.txt and public opt-out registers, as enforced by the APD’s 2026 guidance on “legitimate interest” balancing tests.
Failure to adhere to these rules risks fines up to 4% of global turnover (GDPR) or injunctions under Belgian civil law. Legal counsel is advised for high-risk projects.