Yes, web scraping is legal in Puerto Rico unless it violates federal or local laws, breaches website terms of service, or infringes intellectual property rights. Puerto Rico follows U.S. federal precedents, including the Computer Fraud and Abuse Act (CFAA) and copyright statutes, while the Ley de Fraude Informático de Puerto Rico (2023) aligns with these frameworks. Courts assess scraping based on intent, data usage, and access authorization, with no local statute explicitly prohibiting it.
Key Regulations for Web Scraping in Puerto Rico
- Computer Fraud and Abuse Act (CFAA): Prohibits unauthorized access to protected computer systems, including bypassing login credentials or scraping data behind paywalls. Violations may result in civil or criminal penalties under 18 U.S.C. § 1030.
- Copyright Law (Title 17 U.S.C.): Unauthorized scraping of copyrighted content (e.g., proprietary databases, articles) may constitute infringement. Fair use defenses apply only in limited contexts, such as transformative or non-commercial use.
- Terms of Service (ToS) Violations: Puerto Rican courts enforce website ToS as binding contracts. Scraping data in contravention of ToS—e.g., automated bots on e-commerce sites—can trigger breach-of-contract claims under Puerto Rico Civil Code Art. 1207.
Local Compliance Shifts: The Puerto Rico Office of Cybersecurity (2024) has signaled increased scrutiny on data aggregation practices, particularly for entities handling sensitive personal data under Ley 122-2011 (Puerto Rico Data Privacy Act). Businesses must document lawful basis for scraping and implement data minimization to avoid penalties.