BRUSSELS  — The European Commission must deliver clear, enforceable rules for text and data mining (TDM) if the EU is to remain a competitive location for AI development, says the Business Software Alliance (BSA) in its response to the Commission’s evaluation of the Digital Single Market (DSM) Directive.

BSA’s members are the enterprise software companies building ERP systems, productivity platforms, and sector-specific tools, through which AI reaches healthcare providers, manufacturers, financial institutions, and businesses of every size. Legal uncertainty about TDM scope burdens this entire chain, and falls hardest on the SMEs least equipped to manage it.

“Enterprise software is how AI reaches the real economy. Every hospital, manufacturer, and financial institution that relies on AI-enabled software has a stake in getting this framework right,” said Thomas Boué, VP & Director General - Policy EMEA.

BSA’s submission sets out four priorities:

• Confirm AI training as TDM. Clarify that Article 4 covers AI model training and that lawfully published, publicly available content constitutes lawful access.
• Standardize opt-outs. Only machine-readable reservations (such as robots.txt) that are discoverable at the time of access should be enforceable. Retroactive opt-outs should have no legal effect.
• Align the DSM Directive and AI Act. Conflicting obligations on data retention and disclosure must be resolved through an inter-institutional working group.
• Pursue maximum harmonization. Divergent national interpretations of Article 4 undermine the single market. The Commission should be prepared to act, including through infringement proceedings, where implementation narrows the Directive’s scope.

The US, Japan, and Singapore each provide materially broader TDM freedom. A narrow or unpredictable Article 4 will only redirect AI investment outside the EU.

BSA will monitor the Commission’s response closely and stands ready to engage further with policymakers, the European Parliament, and industry stakeholders as the evaluation progresses.