Data portability and regulation of digital markets
Authors: Borghi, M.
Journal: Mercato Concorrenza Regole
Volume: 10
Issue: 2
Pages: 223-245
Publisher: Il Mulino
ISSN: 1590-5128
Abstract:The EU General Data Protection Regulation has introduced a new “right to data portability”. While the provision has the main purpose of strengthening individual rights, it constitutes at the same time a legal instrument that could facilitate competition in the digital markets. As a consequence of the broad construal of the concept of “personal data” in EU law, the right to data portability applies as a matter of fact to a wide range of datasets, thereby overlapping with a number of conflicting rights and interests that subsists in those datasets. This raises the issue of how to balance conflicting interests and to secure efficacy to data portability as a market regulatory instrument. The article shows that such efficacy largely depends on the structure of the relevant market. It argues that the pro-competitive effect of data portability is more pronounced in markets that adopt interoperable standards. By contrast, the effect is largely uncertain in absence of commonly shared standards of data processing.
https://www.mulino.it/riviste/issn/1590-5128
Source: Manual