The right to the data portability in the MyData industry - Requirement to the data portability for balance between the Information Subject and the Processors -

2021 ◽  
Vol 22 ◽  
pp. 209-246
Author(s):  
Yong-Wan Byun ◽  
Hyeon-Dae Rha
Keyword(s):  
Data Portability ◽  
The Right

scholarly journals The right to data portability in the GDPR: Towards user-centric interoperability of digital services

2018 ◽  
Vol 34 (2) ◽  
pp. 193-203 ◽  
Author(s):  
Paul De Hert ◽  
Vagelis Papakonstantinou ◽  
Gianclaudio Malgieri ◽  
Laurent Beslay ◽  
Ignacio Sanchez
Keyword(s):  
Digital Services ◽  
User Centric ◽  
Data Portability ◽  
The Right

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

scholarly journals ECONOMIC AND SOCIAL EXCHANGE OF PERSONAL DATA AND THE RISKS OF THEIR PROTECTION

2021 ◽  
Author(s):  
Nino Tskhovrebashvili
Keyword(s):  
Social Exchange ◽  
Data Exchange ◽  
New Technology ◽  
Personal Data ◽  
Personal Data Protection ◽  
Internet Users ◽  
Data Portability ◽  
Technology And Communication ◽  
The Right ◽  
Customer Profiles

For the economic sector, new technology and communication have become real challenges. Personal data has become an important key to penetrate new markets and several firms are specialized in their collections and sales. Using customer profiles, marketing departments make it easier for them to predict customer behavior and beat competitors. The free movement of goods, payments and data are increasingly common among countries and the protection of personal data is increasingly called into question. Notably, the postmandemic period has significantly increased the distance relationships and data exchange rates. This situation has also contributed to social media addiction. It should be noted that in such a period it is important to increase the level of awareness of Internet users and to be especially careful when issuing data. An important step has been the introduction of a new regulation (GDPR) in the personal data protection system since 2018, which has revised and refined the existing rules and regulations. Especially noteworthy are the Right to be forgetten and the right to data portability.

Data Portability as a Data Subject Right

2021 ◽  
pp. 159-188
Author(s):  
Helena U. Vrabec
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Narrow Scope ◽  
Right To Be Forgotten ◽  
Data Protection Law ◽  
Data Portability ◽  
The Right ◽  
Data Subject

Chapter 7 analyses the right to data portability set out in Article 20 of the GDPR. It first provides an overview of several commercial and regulatory initiatives that preceded the GDPR version of the right to personal data portability. Next, it explores the language of Article 20 to demonstrate the effects of the narrow scope of the right. The chapter then shows how data portability interacts with other data subject rights, particularly with the right to access and the right to be forgotten, before it describes manifestations of data portability in legal areas outside of the data protection law. Finally, the chapter explores the specific objective of the right to data portability under the GDPR as an enabler of data subjects’ control.

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