Data Portability Under the General Data Protection Regulation (GDPR)

Summary

This practice note examines the right of data portability under the EU GDPR and UK GDPR and their exemptions and considers practical issues arising from the data portability right, both for data controllers and individuals. The General Data Protection Regulation (GDPR) regimes for the EU and UK 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 data controller. See Article 20 of Regulation (EU) 2016/679, EU GDPR and Article 20 of Retained Regulation (EU) 2016/679, UK GDPR.