Text

Unlocking the Right to Data Portability : An Analysis of the Interface with the Sui Generis Database Right

---

The EU's data economy could double in size in the next few years if political and legal framework conditions are created in time. The EU has already taken the first step with the introduction of the GDPR, which introduced the right to data portability (RtDP). While the RtDP primarily aims to provide data subjects with greater control over their personal data, it also has a pro-competitive nature as a tool to reduce consumer lock-in. However, the RtDP is not an absolute right, as Article 20(4) of the GDPR stipulates that it "shall not adversely affect the rights and freedoms of others" [English version]. This arguably includes the sui generis database right required by the Database Directive, which could provide an opportunity for controllers to fail to comply with a data portability requirement. Unfortunately, the EU Commission's second ex-post evaluation of the Database Directive did not address this potential conflict. Against this background, the interface between the RtDP and sui-generis database law should be examined and redefined, with particular consideration of the context of the data economy.

---

Availability

No copy data

Detail Information

Series Title

-

Call Number

340 ELF u

Publisher

Baden-Baden : Nomos., 2019

Collation

76 halaman

Language

English

ISBN/ISSN

9783748902706

Classification

340

Content Type

text

Media Type

computer

Carrier Type

online resource

Edition

-

Subject(s)

Law / Constitutional

Specific Detail Info

-

Statement of Responsibility

Stephanie Elfering

Other Information

Cataloger

agus

Source

-

Validator

maya

Digital Object Identifier (DOI)

-

Journal Volume

-

Journal Issue

-

Subtitle

-

Parallel Title

-

Other version/related

File Attachment

Comments

---

You must be logged in to post a comment