Abstract

This study discusses the legal issues pertaining to data portability from the perspectives of both personal data protection and antitrust laws. Since legal challenges arise from the differences between antitrust law and data protection law, there is a need to define the legal position of data portability. My analysis is based on a review of these three topics: Is the right to data portability in the EU General Data Protection Regulation (GDPR) effective? (2) Should the right to data portability be legally regulated? and (3) Can the right be regulated from an antitrust perspective?

Highlights

  • This article discusses legal issues on the right to data portability both from personal data protection and antitrust perspectives, and provides some policy recommendations for formulating the right to data portability.The EU General Data Protection Regulation (GDPR) [1] introduced a new right to data portability

  • The administration published comment summary in January 2017 and stated that “portability should be incentivized but not mandated.”. This means that additional government regulation is not necessary, since the market should not be regulated in a manner that is inefficient, ineffective, and not suitable to contextspecific data portability needs, as they would move overseas to avoid overly burdensome regulations and new regulations would be premature for rapidly developing industries [13]

  • A dominant company will be liable to the violation of access refusal against an antitrust law only when there is no issue from the personal data protection perspective, since individuals have provided their consent to the disclosure

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Summary

Introduction

This article discusses legal issues on the right to data portability both from personal data protection and antitrust perspectives, and provides some policy recommendations for formulating the right to data portability. Sumers with privacy-friendly solutions, increasing competitiveness in the economy [2] This right primarily empowers the control of personal data by a data subject, while simultaneously preventing vendor lock-in. Legal challenges stem from the differences between the approach of antitrust law and data protection law The former aims for fair and free competition by prohibiting private monopolization, unreasonable restraint of trade, and unfair trade practices. From this perspective, facilitating switching between IT providers may be preferable. The latter law aims at protecting personal data by granting the rights to data subjects. Defining the legal positioning of data portability becomes important

General Data Protection Regulation
Efforts in Member Countries
Experiences in the United States
The United States
The European Commission
Merger Cases Bridging Privacy and Anti Competition
Is the Right to Data Portability in the GDPR Effective?
Should the Right to Data Portability be Legally Regulated?
Can the right be regulated from an antitrust perspective?
Conclusion
European

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