Right to data portability

The right to data portability is an important data protection right that was established in the European Union with the introduction of the General Data Protection Regulation (GDPR) in 2018. It gives data subjects the opportunity to receive their personal data in a structured, commonly used and machine-readable format and to transmit this data to another controller.

Legal basis

The right to data portability is enshrined in Article 20 of the GDPR. It supplements other data subject rights such as the right of access and the right to erasure and strengthens data subjects’ control over their personal data.

Content and scope of the right

The right to data portability covers several aspects: 1. right to receive the data: The data subject shall have the right to receive the personal data concerning him or her in a structured, commonly used and machine-readable format. 2. right to transmission: the data subject has the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided (3) Direct transfer: Where technically feasible, the data subject may request that the personal data be transferred directly from one controller to another controller.

Requirements for exercising the right

The right to data portability applies under the following conditions: 1. the processing is based on consent or for the performance of a contract 2. the processing is carried out using automated procedures 3. it concerns personal data that the data subject has provided to the controller.

Scope of the data to be transferred

The right to data portability extends to: 1. data actively and knowingly provided by the data subject (e.g. name, email address, date of birth) 2. observed data resulting from the use of a service or device (e.g. search history, traffic data, location data). However, it does not include derived or inferred data that the controller has created on the basis of the data provided (e.g. user profiles, scoring results).

Importance for companies

For companies that process personal data, the right to data portability has far-reaching consequences: 1. technical implementation: companies must design their systems in such a way that they can export data in a structured, commonly used and machine-readable format. 2. processes: Processes must be implemented to efficiently handle data portability requests. 3. data protection management: the right to data portability must be integrated into the overall data protection management system 4. competitive aspects: The ability to easily transfer data can increase competition between service providers.

Challenges and limits

The implementation of the right to data portability presents companies with various challenges: 1. technical complexity: providing data in a structured, commonly used and machine-readable format can be technically demanding. 2. data protection and security: high security standards must be adhered to when transferring data in order to prevent unauthorized access 3. demarcation of data: It can be difficult to distinguish between data provided by the data subject and data derived by the company. 4. interoperability: the transferability of data between different systems and services can be hampered by a lack of standards.

Significance for practice

The right to data portability has various effects in practice: 1. strengthening user rights: it gives users more control over their data and makes it easier to switch between different service providers. 2. promotion of competition: facilitating data portability promotes competition between service providers 3. promoting innovation: the ability to easily transfer data can lead to the development of new services and business models 4. data protection by design: companies must integrate data portability into their systems and processes from the outset.

Conclusion

The right to data portability is an important building block in modern data protection law. It strengthens the rights of data subjects and at the same time promotes competition and innovation in the digital market. For companies, it represents a challenge in terms of technical and organizational implementation, but also an opportunity to strengthen user trust and develop new business models. The practical implementation of the right to data portability will continue to develop over the coming years. Companies should follow these developments closely and continuously adapt their systems and processes in order to meet the requirements and take advantage of the opportunities arising from increased data mobility.