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European Union: what the rules say

26 de set. de 2026 · Informação de contexto

Este item só está disponível no idioma original (inglês).

Background on the rules in European Union, from the provisions as read on 2026-09-24. Rules differ by country and change over time. This is background, not legal advice — for anything turning on a deadline or a particular court, ask a qualified professional where you live.

EU01 | Why must a reservation of rights, as it stood at the time, be preserved for training and TDM?

The general TDM exception in Article 4 of the DSM Directive turns on lawful access and on rights being expressly reserved in an appropriate manner; for content made publicly available online that includes machine-readable means. The research route for eligible institutions under Article 3 is handled separately, and one opt-out cannot be read as blocking every statutory use.

Applies when: Check who is carrying out the TDM and for what purpose, the access conditions, when rights were reserved, and the implementing law of the Member State.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E07 (SOP06), E10 (SOP06), E11 (SOP06), E30 (SOP02), E31 (SOP02)

Source: [S11] Articles3-4

EU02 | Can a public training summary prove that a particular work was trained on?

Article 53(1)(c) and (d) of the AI Act concern a copyright policy and a public summary of training content respectively. A summary is not a work-by-work list, and provisions about technical documentation aimed mainly at regulators and downstream providers cannot be rewritten into every user having direct access to all the data.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E13 (SOP02), E14 (SOP02), E30 (SOP02), E31 (SOP02), E48 (SOP02)

Source: [S12] Article53(1)(a)-(d)

EU03 | What steps are needed to obtain evidence held by a company?

Articles 6–7 of the Enforcement Directive concern conditional court-ordered disclosure and preservation of evidence, with confidentiality taken into account. An ordinary user cannot be expected to obtain a company's training back-end, and registering on a platform cannot be promised as a right of access to company data.

Applies when: A request meeting the procedural conditions is required, and the Member State's transposition and court practice have to be checked.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E17 (SOP02), E24 (SOP02), E30 (SOP02), E31 (SOP02), E44 (SOP05)

Source: [S13] Articles6-7

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