Data portability under the GDPR
Produced in partnership with Alex Brown of Simmons & Simmons
Data portability under the GDPR

The following Financial Services guidance note Produced in partnership with Alex Brown of Simmons & Simmons provides comprehensive and up to date legal information covering:

  • Data portability under the GDPR
  • Right to 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’
  • Effect on the rights and freedoms of others
  • more

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. During this period, the GDPR applies in the UK and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data protection law purposes. Any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of the implementation period. For further guidance on that period, its duration and the data protection laws that are anticipated to apply after the end of it, see Practice Note: Brexit—implications for data protection.

The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), includes 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.

The right to data portability is designed to both support and enable the free flow of personal data within the EU, and to encourage healthy competition between controllers, by not only facilitating consumers switching between various service providers, but also by encouraging the development of related software, systems