I am not a lawyer, and this should not be considered legal advice. However, I can provide you with a general overview of the legal considerations that come into play when selling data scraped from websites like Immowelt.
Immowelt is a real estate platform where property listings are published. When considering the sale of data scraped from such a website, you need to consider several legal and ethical factors:
Terms of Service (ToS): Almost all websites have a Terms of Service agreement that outlines what users can and cannot do with the content on their website. Many websites explicitly prohibit the scraping of their data, especially for commercial purposes. Selling scraped data likely violates Immowelt's ToS, which could lead to legal action against you.
Copyright Law: The data on Immowelt could be protected by copyright. While individual facts, like the address of a property, may not be copyrighted, the database as a whole, including the way the information is presented and structured, might be. Selling copyrighted material without permission is illegal.
Data Protection Regulations: In many jurisdictions, including the European Union with its General Data Protection Regulation (GDPR), there are strict rules about how personal data can be collected and used. If your scraped data includes personal information, you would need to ensure compliance with these regulations, which is unlikely if you do not have consent from the individuals concerned.
Competition Law: If you're scraping data with the intent to compete with Immowelt or to sell the data to their competitors, you could potentially be infringing on competition laws, depending on the jurisdiction and the specifics of the case.
Contract Law: If you enter into a contract with a third party to sell the data you've scraped from Immowelt, you may be legally obligated to ensure that the data is legally obtained and that you have the right to sell it.
Ethical Considerations: Even if you find a legal loophole that allows you to sell scraped data, there may be ethical considerations that should guide your decision. The potential damage to your reputation and future legal risks should be weighed against any short-term financial gain.
Considering these factors, selling data scraped from Immowelt without their explicit permission is likely to be illegal and could expose you to significant legal risk. It's important to consult with a legal professional who can provide advice tailored to your specific situation and jurisdiction.
If you're determined to work with real estate data, consider seeking out partnerships or licensing agreements with data providers, or using publicly available datasets that are provided with the intention of being shared and used for various purposes, including commercial ones.
