Jurisdiction(s):
European Union

EU GDPR data portability: scope, conditions, formats, direct transfer feasibility, third-party rights, exemptions, response times and practical guidance for controllers and recipients

Published by a LexisNexis EU Law expert

Practice notes

Right to data portability

EU data protection legislation recognises a right to data portability. This entitlement enables individuals to receive from a controller a copy of their personal information in a structured, machine-readable form. Further, in certain situations, people may require the controller to transmit that data directly to a different controller. This Practice Note focuses on the right to data portability. It assumes readers possess some familiarity with EU data protection law. For a broad overview of those laws, consult Practice Note: The EU’s General Data Protection Regulation (EU GDPR). Be aware that this Practice Note addresses provisions under the EU GDPR that apply in EEA states at the supranational level only—seek guidance from the competent national data protection authorities, and from national legislation, regarding the approach taken in any EEA jurisdiction. The data portability right is intended both to support and to facilitate the free movement of personal data within the EU, and to promote vigorous competition between controllers, not only by making it easier for consumers to move between different service providers, but also by spurring the creation of associated software, systems, and services. The right to data portability in the EU GDPR is consistent with the EU’s ‘digital...

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Web page updated on 21/05/2026

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