Yes, web scraping is legal in Peru under certain conditions, but it must comply with data protection, copyright, and cybersecurity laws. The Peruvian legal framework does not explicitly prohibit scraping public data, yet unauthorized extraction of personal or proprietary information may violate statutes like Law No. 29733 (Data Protection Law) or the Copyright Law (Decree Law No. 822). Courts have not yet issued definitive rulings on scraping, leaving interpretation to case law and regulatory guidance. Businesses must ensure compliance with the 2026 Digital Transformation Law’s upcoming provisions on automated data processing.
Key Regulations for Web Scraping in Peru
- Data Protection Law (Law No. 29733): Scraping personal data without consent risks violating Article 2 (principles of purpose and proportionality) and may trigger sanctions from the Dirección Nacional de Protección de Datos Personales (DPDP). Publicly available data does not automatically grant permission for commercial reuse.
- Copyright Law (Decree Law No. 822): Extracting copyrighted content (e.g., articles, images) without authorization may constitute infringement under Article 37, particularly if repurposed for profit. Fair use exceptions are narrowly interpreted.
- Cybersecurity and Digital Crimes (Decree Law No. 1350): Unauthorized access to servers or circumventing technical protections (e.g., CAPTCHAs, rate limits) could violate Article 2 (illegal access to systems) or Article 3 (data interference), with penalties up to 6 years imprisonment.