Art. 20 GDPR – Right to data portability
- 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:
- 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.
- 1The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. 2That 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.
- The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Related Recitals
Frequently Asked Questions about Article 20
+ What is the right to data portability under the GDPR?
Article 20 lets individuals receive the personal data they provided in a structured, commonly used, and machine-readable format, and to transmit it to another controller without hindrance.
+When does the right to data portability apply?
It applies only when processing is based on consent or a contract and is carried out by automated means. It does not cover data processed under other lawful bases.
+ Can individuals move their data directly between providers?
Yes, where technically feasible. Article 20 gives individuals the right to have their data transmitted directly from one controller to another.