Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Source : EU law

Code/RS : 2016/679

Abbreviation :
GDPR
Provision :
Art. 20
Short description :
Portability of personal data
Nature of the provision :
Right to request data
Status :
In force
Sector :
All

Legal text :

1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
b) the processing is carried out by automated means.

2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

Actor with an obligation to share data

Organisation holding personal data (‘controller’) = the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data

Beneficiaries

Person whose personal data is processed (‘data subject’) = identified or identifiable natural person whose personal data is processed

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

In principle free (exceptions may apply)

Binding and/or enforceable

Binding obligation; enforceable right

Conditions for accessing data

Existence of personal data concerning the applicant processed by automated means by the controller with the consent of the data subject or in connection with a contract

Exceptions and limitations

This right does not apply to the processing necessary for the performance of a task in the public interest or to processing arising from the controller exercising its official authority. The right referred to in para. 1 does not affect the rights and freedoms of third parties.

Static data

Format

Structured, commonly used and machine-readable format

Plateform

n/a

Actor with an obligation to share data Organisation holding personal data (‘controller’) = the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data

Beneficiaries Person whose personal data is processed (‘data subject’) = identified or identifiable natural person whose personal data is processed

Linking criteria for Switzerland See Art. 3 GDPR: the GDPR may apply to Swiss companies (i) which have an establishment in the EU; (ii) which offer goods and services to the EU; or (iii) which monitor the behaviour of persons in the EU.

Financial aspects In principle free (exceptions may apply)

Binding and/or enforceable Binding obligation; enforceable right

Conditions for accessing data Existence of personal data concerning the applicant processed by automated means by the controller with the consent of the data subject or in connection with a contract

Exceptions and limitations This right does not apply to the processing necessary for the performance of a task in the public interest or to processing arising from the controller exercising its official authority. The right referred to in para. 1 does not affect the rights and freedoms of third parties.

Time component Static data

Format Structured, commonly used and machine-readable format

Plateform n/a

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).

This index does not constitute legal advice, and no guarantee is given regarding its completeness.

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.