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

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...

Data portability

UK and EU data protection laws each include a right to data portability. That 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. This Practice Note addresses the right of data portability. It assumes a degree of knowledge about EU and UK data protection laws. For a general introduction to those data protection laws, including guidance on key data protection concepts and terminology, see the Data protection toolkit.

In relation to the subject matter of this Practice Note, there is great similarity between:

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

Given the extensive data flows between the EEA and UK, equivalent EEA data protection laws will remain of particular interest to UK practitioners. Therefore, this Practice Note addresses equivalent data portability requirements under both the UK GDPR and EU

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