Document Actions

Citation and metadata

Recommended citation

Ruth Janal, Data Portability - A Tale of Two Concepts, 8 (2017) JIPITEC 59 para 1.

Download Citation

Endnote

%0 Journal Article
%T Data Portability - A Tale of Two Concepts
%A Janal, Ruth
%J JIPITEC
%D 2017
%V 8
%N 1
%@ 2190-3387
%F janal2017
%X Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law – the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer’s use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.
%L 340
%K Data portability
%K EU Privacy Law
%K EU-GDPR
%K commonly used data format
%K contract for the supply of digital content
%K data as a counter-performance
%K personal data
%K portability of content
%U http://nbn-resolving.de/urn:nbn:de:0009-29-45324
%P 59-69

Download

Bibtex

@Article{janal2017,
  author = 	"Janal, Ruth",
  title = 	"Data Portability - A Tale of Two Concepts",
  journal = 	"JIPITEC",
  year = 	"2017",
  volume = 	"8",
  number = 	"1",
  pages = 	"59--69",
  keywords = 	"Data portability; EU Privacy Law; EU-GDPR; commonly used data format; contract for the supply of digital content; data as a counter-performance; personal data; portability of content",
  abstract = 	"Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law -- the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer's use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-45324"
}

Download

RIS

TY  - JOUR
AU  - Janal, Ruth
PY  - 2017
DA  - 2017//
TI  - Data Portability - A Tale of Two Concepts
JO  - JIPITEC
SP  - 59
EP  - 69
VL  - 8
IS  - 1
KW  - Data portability
KW  - EU Privacy Law
KW  - EU-GDPR
KW  - commonly used data format
KW  - contract for the supply of digital content
KW  - data as a counter-performance
KW  - personal data
KW  - portability of content
AB  - Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law – the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer’s use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-45324
ID  - janal2017
ER  - 
Download

Wordbib

<?xml version="1.0" encoding="UTF-8"?>
<b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"  xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" >
<b:Source>
<b:Tag>janal2017</b:Tag>
<b:SourceType>ArticleInAPeriodical</b:SourceType>
<b:Year>2017</b:Year>
<b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle>
<b:Volume>8</b:Volume>
<b:Issue>1</b:Issue>
<b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-45324</b:Url>
<b:Pages>59-69</b:Pages>
<b:Author>
<b:Author><b:NameList>
<b:Person><b:Last>Janal</b:Last><b:First>Ruth</b:First></b:Person>
</b:NameList></b:Author>
</b:Author>
<b:Title>Data Portability - A Tale of Two Concepts</b:Title>
<b:Comments>Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law – the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer’s use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.</b:Comments>
</b:Source>
</b:Sources>
Download

ISI

PT Journal
AU Janal, R
TI Data Portability - A Tale of Two Concepts
SO JIPITEC
PY 2017
BP 59
EP 69
VL 8
IS 1
DE Data portability; EU Privacy Law; EU-GDPR; commonly used data format; contract for the supply of digital content; data as a counter-performance; personal data; portability of content
AB Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law – the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer’s use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.
ER

Download

Mods

<mods>
  <titleInfo>
    <title>Data Portability - A Tale of Two Concepts</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Janal</namePart>
    <namePart type="given">Ruth</namePart>
  </name>
  <abstract>Art. 20 of the General Data Protection Regulation (GDPR) introduces a new concept to European data protection law – the right to data portability. The rule seeks to empower the consumer, to foster the inter-operability of data, and to prevent lock-in effects on closed platforms. Upon request, data controllers are required to provide personal data to the data subject in a structured, commonly used and machine-readable format, which enables the data subject to transfer their personal data between controllers. However, Art. 20 GDPR leaves much room for interpretation, in particular with respect to the data covered, the scope of the exceptions and the requirement of inter-operability. The proposed Directive on certain aspects concerning contracts for the supply of digital content (DCD-proposal) takes matters a step further. Under the DCD-proposal, the supplier of digital content shall provide the consumer with technical means to retrieve all content provided by the consumer (not only personal data) and any other data produced or generated through the consumer’s use of the digital content. At the same time, the proposed provisions are stricter than Art. 20 GDPR: The data portability right under Art. 20 GDPR may be exercised at any point in time, whereas the right to content portability under the DCD-proposal only arises after the contract has been terminated following a rule in said directive. The paper highlights other circumstances which warrant a right to content portability and laments the lack of an exception to safeguard the rights and interest of third parties. Three case studies are included to illustrate how the portability rules in the GDPR and the proposed Digital Content Directive might work in practice. The paper closes with a synopsis showing the commonalities and differences of Art. 20 GDPR and the portability rules in the proposed Digital Content Directive.</abstract>
  <subject>
    <topic>Data portability</topic>
    <topic>EU Privacy Law</topic>
    <topic>EU-GDPR</topic>
    <topic>commonly used data format</topic>
    <topic>contract for the supply of digital content</topic>
    <topic>data as a counter-performance</topic>
    <topic>personal data</topic>
    <topic>portability of content</topic>
  </subject>
  <classification authority="ddc">340</classification>
  <relatedItem type="host">
    <genre authority="marcgt">periodical</genre>
    <genre>academic journal</genre>
    <titleInfo>
      <title>JIPITEC</title>
    </titleInfo>
    <part>
      <detail type="volume">
        <number>8</number>
      </detail>
      <detail type="issue">
        <number>1</number>
      </detail>
      <date>2017</date>
      <extent unit="page">
        <start>59</start>
        <end>69</end>
      </extent>
    </part>
  </relatedItem>
  <identifier type="issn">2190-3387</identifier>
  <identifier type="urn">urn:nbn:de:0009-29-45324</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-45324</identifier>
  <identifier type="citekey">janal2017</identifier>
</mods>
Download

Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
Article search
Extended article search
Newsletter
Subscribe to our newsletter
Follow Us
twitter