Horn, N. & A. RiechertPractical implementation of the right to data portability – Legal, technical and consumer-related implications

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Nikolai Horn & Anne Riechert

Release date:
November 2017

Foundation Data Protection

As of May 2018, Article 20 of the EU Data Protection Regulation will give every person the right to have their personal data provided to them in a structured format or to have them transferred. In a comprehensive study, the Foundation Data Protection examined the legal, technical and consumer-relevant effects of the new law.

The authors conclude that the alleged positive effects of the obligation to transfer data can indeed be associated with risks. The legislator has not provided the former data holder with an automatic right to delete the data that is to be transmitted. Therefore, the experts estimate that the duplication that usually accompanies the transfer of data can lower the level of protection of citizens and runs counter to the idea of data economy.

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