Data portability
Produced in partnership with Alex Brown of Simmons & Simmons
Data portability

The following Information Law practice note produced in partnership with Alex Brown of Simmons & Simmons provides comprehensive and up to date legal information covering:

  • Data portability
  • Right to data portability
  • Regulatory guidance on data portability
  • Time period for complying with the request
  • Meaning of ‘right to receive’
  • Meaning of ‘provided to a controller’
  • Meaning of ‘structured, commonly used and machine-readable format’
  • Meaning of ‘where technically feasible’
  • Meaning of ‘without hindrance from the controller’
  • Interaction with the ‘right to be forgotten’
  • More...

UK and EU data protection laws each include a right to data portability. This right allows individuals to obtain from a controller a copy of their personal data in a structured, machine-readable format. In addition, in some circumstances, individuals have the right to have that data transferred directly by the controller to another controller.

On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data protection laws will remain of particular interest to UK practitioners. In relation to the subject matter of this Practice Note, there is great similarity between:

  1. the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) (applicable under UK laws until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020 and remaining applicable in the EEA thereafter), and

  2. the UK General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) (applicable under UK laws from the end of the Brexit implementation period and largely based on the EU GDPR)

Therefore, this Practice Note addresses equivalent data portability requirements under both the UK GDPR and EU GDPR to assist UK practitioners who may need to consider the position under either. It refers to both as ‘GDPR regimes’ for convenience where there is no need to distinguish them.

Note that:

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